2003 No. 433

CIVIL AVIATION

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

Made

Laid before Parliament

Coming into force

At the Court at Buckingham Palace, the 27th day of February 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 19491, as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 19692, as amended by the Civil Aviation Act 1982 (Overseas Territories) Order 20013, and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement1

This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 2003 and shall come into force on 1st April 2003.

Amendment of the Air Navigation (Overseas Territories) Order 20012

The Air Navigation (Overseas Territories) Order 20014 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):

    1. 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

    2. 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 Governor136

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.

A. K. GallowayClerk of the Privy Council

(This note is not part of the Order)

This Order makes provision for Air Safety Support International to advise Governors of Overseas Territories on the designation and performance of their functions under the Air Navigation (Overseas Territories) Order 2001. It also provides a mechanism for review of certain decisions under that Order.