Civil Aviation Act 1980

19 Charges payable to Civil Aviation Authority

(1) Section 4 of the [1962 c. 8.] Civil Aviation (Eurocontrol) Act 1962 (charges for air navigation services) shall be amended in accordance with the following provisions of this section.

(2) In subsection (1) (power to impose charges for air navigation services) for the words " regulations under this section " there shall be substituted the words " regulations under this subsection ".

(3) The following subsections shall be inserted after subsection UA)—

“(1B) The Secretary of State may by statutory instrument make regulations—

(a) providing for the payment of an annual charge, of such amount as may be prescribed by the regulations, to the Authority in respect of any aircraft for which there is in force at the time the charge becomes payable a certificate of airworthiness ; and

(b) requiring the Authority to refund so much of any such payment made in respect of an aircraft by any person as is equal to the amount which that person becomes liable (whether by virtue of regulations under this section or otherwise) to pay to the Organisation in respect of so much of any flight made by that aircraft as is made over the United Kingdom during the period of twelve months commencing with the date on which the payment to the Authority became due.

(1C) Regulations under subsection (1B) of this section may—

(a) impose liability for any charges payable by virtue of the regulations upon the operators or owners of the aircraft in respect of which the charge is payable; and

(b) impose that liability whether or not the aircraft is registered in the United Kingdom and whether or not it is in the United Kingdom during the year in respect of which the charge is payable ; and

(c) include such incidental and supplementary provisions as the Secretary of State considers appropriate for the purposes of the regulations.”.

(4) In subsection (2) (liability for air navigation charges)—

(a) for the words " under this section " there shall be substituted the words " under subsection (1) of this section "; and

(b) for the words " those services " there shall be substituted the words " the navigation services ".

(5) In subsection (3) (determination of charges)—

(a) for the words " any such regulations as aforesaid" there shall be substituted the words " any regulations under this section "; and

(b) in paragraph (b), after the words " at such rates " there shall be inserted the words " or of such amounts ".