4 Contributions for the purposes of the Fund by air travel organisers.
1
Subject to subsections (2) and (3) below, regulations made under F2section 71 of the Civil Aviation Act 1982 may make such provision (including in particular any such provision as is mentioned in subsection (2) of that section) as the Secretary of State, after consultation with the Authority, considers appropriate for requiring contributions, at such a rate as may be specified in the regulations, to be made for the purposes of the Fund by air travel organisers to whom this section applies, or by any class of such air travel organisers.
2
The rate of contributions to be required from any air travel organiser under regulations made under F3section 71 by virtue of subsection (1) above shall be fixed as a percentage of the total amount of the sums paid or payable by customers of the air travel organiser in respect of services, accommodation or facilities provided under overseas air travel contracts to which section 2 above applies for persons for whom the air travel organiser has provided accommodation on overseas flights under the authority of an air travel organiser’s licence during the period to which the contribution relates; but the provision authorised to be made by subsection (1) above shall include—
a
provision for requiring from air travel organisers to whom this section applies, in connection with the issue or variation or during the currency of an air travel organiser’s licence, such provisional payments in respect of contributions which may thereafter become due under the regulations as the Authority may determine to be appropriate in any particular case; and
b
provision for the manner in which any overpayment by way of a provisional payment so required is to be repaid or credited to the air travel organiser in question.
3
No regulations shall be made under F3section 71 by virtue of subsection (1) above unless a draft of the statutory instrument containing the regulations has been approved by a resolution of each House of Parliament. F4; and a statutory instrument of which a draft has been approved in accordance with this subsection by a resolution of each House of Parliament shall not be subject to annulment in accordance with section 102(4) of the said Act of 1982,
4
Any sum due in respect of a contribution payable under regulations made under F3section 71 by virtue of this section may be recovered by the Authority in any court of competent jurisdiction.
5
The Authority shall from time to time pay over to the Agency an amount equal to the aggregate amount of the sums received by the Authority by virtue of this section and not previously accounted for by way of a payment under this subsection, less any expenses incurred by the Authority (and not previously deducted from a payment under this subsection) for the purpose of performing any of the functions conferred on it under or by virtue of this section.
6
An air travel organiser is an air travel organiser to whom this section applies if the activities in respect of which he is required to hold an air travel organiser’s licence consist of or include (or will if a licence is granted to him consist of or include) making available (whether as principal or agent) accommodation for the carriage of persons on overseas flights.