The Air Navigation (Overseas Territories) (Amendment) Order 2003

Amendment of the Air Navigation (Overseas Territories) Order 2001

2.  The Air Navigation (Overseas Territories) Order 2001(1) shall be amended as follows:

(1) In Article 130 for the definition of “Governor” there shall be substituted—

““Governor” means the person for the time being administering the Government of the Territory, and includes, in relation to any of the functions of the Governor under this Order (other than the functions of making rules and regulations under this Order or of making or revoking a designation under article 111 or article 136 of this Order or of reviewing a decision under article 137 of this Order):

(a)

any person who is designated for the time being by the Governor in accordance with article 136 of this Order to carry out that function, or

(b)

if no other person has been designated to carry out that function, ASSI;”

(2) In article 130 after the definition of “Area navigation equipment”, the following shall be inserted—

““ASSI” means Air Safety Support International, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2 January 2003;”

(3) After article 135 there shall be added the following new articles—

“Designation by the Governor

136.— (1) Subject to paragraphs (2) and (4), the Governor, acting in his discretion, may designate any person to carry out such functions of the Governor under this Order as are specified in the designation, subject to such conditions as he sees fit.

(2) Before making any designation under paragraph (1), the Governor shall consult ASSI as to the qualifications and competence of the person concerned and the resources available to him to carry out the relevant functions and shall take account of the advice given by ASSI in deciding whether to make the designation.

(3) The Governor may, on sufficient ground being shown to his satisfaction after he has considered all relevant information and arguments (which shall include consultation with and consideration of advice given by ASSI), revoke or vary a designation.

(4) This article shall not apply to the Governor’s functions of making regulations under this Order or of making or revoking a designation under article 111 or under this article of this Order nor to his functions under article 137 of this Order.”

(1)

S.I. 2001/2128.