(1)For the purposes of this Chapter chargeable air services are services which—
(a)fall within subsection (2), and
(b)are not excepted air services (as defined in subsection (3)).
(2)These services fall within this subsection—
(a)air traffic services provided in respect of the United Kingdom;
(b)air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;
(c)air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;
(d)services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;
(e)air traffic services which do not fall within paragraph (d) and for which Eurocontrol is to collect charges under the Eurocontrol agreement.
(3)These are excepted air services—
(a)air traffic services provided by the owner or manager of an aerodrome or by his employee [F1other than services which fall within subsection (3A)];
(b)air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.
[F2(3A)Air traffic services fall within this subsection if—
(a)they are services for which Eurocontrol is to collect charges under the Eurocontrol agreement, and
(b)they are provided by the owner or manager of an aerodrome or by his employee under a contract or other arrangement made by the owner or manager with the CAA and the CAA in making that contract or other arrangement is acting in pursuance of its air navigation functions (within the meaning of Chapter III).]
(4)A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).
(5)The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.
Textual Amendments
F1Words in s. 77(3)(a) added (1.4.2001) by S.I. 2001/492, art. 2(2)
F2S. 77(3A) inserted (1.4.2001) by S.I. 2001/492, art. 2(3)
Commencement Information
I1S. 77 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)