CONFIDENTIAL
BY ATLA UNDER THE REGULATIONS, ARE NOT APPLICABLE TO PETITIONS TO THE GOVERNOR UNDER THE FORMER INSTRUMENTS. THE GOVERNOR THEREFORE HAS NO STATUTORY POWER TO INTERFERE WITH A DECISION OF THE ATLA.
(B) FOWERS OF EXEMPTION
(1) REGULATION 32 OF THE REGULATIONS PURPORTS TO EXEMPT BRITISH AIRWAYS BOARD FROM THE PROVISIONS OF THE REGULATIONS IN RESPECT OF SUCH JOURNEYS, ON SUCH ROUTES, AS THE GOVERNOR MAY FROM TIME TO TIME SPECIFY''.
(II) IN 1964 THE THEN GOVERNOR IN EXERCISE OF THE POWERS CONTAINED IN THE REGULATIONS GRANTED AN EXEMPTION TO (NOW) BA IN RESPECT OF ''ALL SCHEDULED JOURNEYS ON ALL ROUTES OPERATED BY THE BRITISH OVERSEAS AIRWAYS CORPORATION WHICH FOR THE TIME BEING ARE COVERED BY AN AIR SERVICES AGREEMENT ENTERED INTO BY
HER MAJESTY'S GOVERNMENT''.
(111) THERE ARE TWO ASPECTS OF THAT EXEMPTION WHICH TROUBLE ME. THEY ARE FIRST, THE VIRES OF REGULATION 32 AND, SECONDLY, THE ACTUAL WORDING OF THE EXEMPTION. AS I PRESENTLY UNDERSTAND
THE POSITION -
(A) VIRES - THERE IS NO SPECIFIC POWER IN THE ENABLING LEGISLATION REFERRED TO IN PART A OF THIS PAPER TO MAKE SUCH A REG- ULATION. THERE DOES, HOWEVER, APPEAR IN THE AIR NAVIGATION ACT 1949 A POWER CONFERRED UPON HER MAJESTY TO MAKE PROVISION, BY ORDER IN COUNCIL, ''FOR EXEMPTING FROM THE PROVISIONS OF THE ORDER OR ANY OF THEM ANY AIRCRAFT OR PERSONS OR CLASSES OF AIRCRAFT OP PERSONS. (SECTION 1(2)(Q)). IT APPEARS, THEREFORE, THAT ANY SUCH EXEMPTION SHOULD BE CONTAINED IN AN ORDER IN COUNCIL AND NOT IN OUR OWN REGULATIONS. IN THE TIME AVAILABLE TO ME I HAVE BEEN UNABLE TO LOCATE ANY SUCH ORDER IN COUNCIL ALTHOUGH I SUSPECT AN ORDER, OF A GENERAL NATURE AT LEAST, DOES EXIST. THE REGULATIONS MAKE NO REFERENCE TO SUCH ORDER: HOWEVER, I NOTE THAT THERE IS A SPECIFIC FROVISION IN THE CIVIL AVIATION ACT (EXTENSION TO THE CHANNLE ISLANDS) ORDER 1947 WHICH ADDS TO THAT ACT A NEW SUBSECTION 23(1A) AS FOLLOWS
''(1A) THE THREE CORPORATIONS, THEIR ASSOCIATES AND THE SERVANTS AND AGENTS OF THE THREE CORPORATIONS AND THEIR ASSOCIATES SHALL HAVE THE RIGHT, NOTWITHSTANDING THE PROVISIONS OF ANY ORDER IN COUNCIL MADE UNDER SECTION FIVE OF THE
AIR NAVIGATION ACT 1936 (WHICH RELATES TO THE LICENSING OF
3.
J
CONFIDENTIAL
/ AIR TRANSPORT
No comments yet.
Private notes are available after approval.