The Civil Aviation Act (Investigation of Accidents) Regulations 1996

Statutory Instruments

1996 No. 76

CIVIL AVIATION

The Civil Aviation Act (Investigation of Accidents) Regulations 1996

Made

16th January 1996

Laid before Parliament

23rd January 1996

Coming into force

1st March 1996

The Secretary of State for Transport, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to matters relating to air transport, in exercise of the powers conferred by that section hereby makes the following Regulations:—

1.  These Regulations may be cited as the Civil Aviation Act (Investigation of Accidents) Regulations 1996 and shall come into force on 1st March 1996.

2.  After section 75(1) of the Civil Aviation Act 1982(3) (investigation of accidents: regulations) there shall be inserted—

“(1A) The power to make regulations under this section includes power to make provision—

(a) for the purpose of implementing the Community obligations of the United Kingdom under Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents(4);

(b) for the purpose of dealing with matters arising out of or related to any such obligation.”

Signed by authority of the Secretary of State for Transport

Goschen

Parliamentary Under Secretary of State,

Department of Transport

16th January 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations extend section 75 of the Civil Aviation Act 1982 by conferring power on the Secretary of State to make regulations under that section in order to (a) implement the Community obligations of the United Kingdom under Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents and (b) deal with matters arising out of or related to any such obligation.

(1)

S.I. 1993/2661.

(2)

1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183). Council Directive 94/56/EC was added to Annex XIII of the EEA Agreement by article 1 of the Decision of the EEA Joint Committee No. 33/95 of 19 May 1995 (OJ No. L 273, 16.11.95, p.52).

(3)

1982 c. 16.

(4)

OJ No. L 319, 12.12.94, p.14; a correction to Article 12, which incorrectly states that the implementation date is 21st November 1994 (the correct date is 21st November 1996), has been published in OJ No. L 191, 12.8.95, p.39.