Air Navigation (Buildings Control) Regulations (Repeal)

Overview

The Air Navigation (Buildings Control) Regulations (Repeal) Statutory Rules No 160 were issued in 1988 by the authority of the Minister for Transport and Communications under the Civil Aviation Act 1988. This legislation was enacted to address the need to transfer the responsibility for safety functions from the Department of Transport and Communications to the newly established Civil Aviation Authority. The objective was to ensure a smooth transition and maintain continuity in the regulatory framework for air safety, specifically concerning buildings control. With this change, the Civil Aviation Authority assumed oversight of civil aviation regulations, and the Air Navigation (Buildings Control) Regulations were repealed to align with this new governance structure. The regulations came into effect on 1 July 1988, marking the transfer of powers and responsibilities from the Minister or the Secretary to the Authority.

Scope and Application

The Air Navigation (Buildings Control) Regulations, previously managed by the Department of Transport and Communications, are repealed and replaced by the Civil Aviation (Buildings Control) Regulations with effect from 1 July 1988. This change coincides with the transfer of safety functions to the Civil Aviation Authority, as mandated by Section 98 of the Civil Aviation Act 1988. These regulations, along with the Civil Aviation Act and any orders issued under it, establish the framework for the Authority to manage its activities. The shift in responsibility ensures that the Civil Aviation Authority assumes control over safety-related functions, including those involving buildings control, from the Minister or the Secretary. The repeal of the existing regulations is a necessary step in aligning the legislative framework with the new administrative structure and maintaining consistency with the requirements set forth by the Civil Aviation Act. The new regulations incorporate minor amendments to reflect the transfer of powers and responsibilities, ensuring a seamless transition in the oversight of air navigation safety.

Key Provisions

The main operative sections of the Civil Aviation (Buildings Control) Regulations involve the transfer of safety-related functions from the Department of Transport and Communications to the Civil Aviation Authority. Section 98 of the Civil Aviation Act 1988 provides the legal basis for these regulations, which are designed to ensure that the Civil Aviation Authority can effectively conduct its activities in relation to buildings control within the aviation sector. Section 1 of the regulations explicitly cites the commencement date of 1 July 1988, marking the effective date when the new regulations and the repeal of the existing Air Navigation (Buildings Control) Regulations take effect. Section 2 then formally repeals the Air Navigation (Buildings Control) Regulations, transferring the associated responsibilities and powers to the Civil Aviation Authority. The obligations and requirements imposed by these regulations are primarily concerned with ensuring that the Civil Aviation Authority assumes full responsibility for safety functions related to buildings control. This transfer of authority necessitates that the Authority adhere to the provisions outlined in the new Civil Aviation (Buildings Control) Regulations, which incorporate the existing regulations with minor consequential amendments. The regulations aim to streamline the transition and ensure that the Authority has the necessary framework to regulate and monitor buildings control effectively. Furthermore, the regulations are designed to maintain consistency with the overarching framework provided by the Civil Aviation Act and any relevant Civil Aviation Orders. The consequences for non-compliance with these regulations are significant. Under the Civil Aviation Act 1988, any breaches of the regulations could potentially lead to civil or criminal penalties. Although specific penalties are not detailed in the explanatory statement, the Civil Aviation Act generally provides for substantial fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any specific provisions outlined in the Civil Aviation Orders or other related legislation. The overarching goal is to ensure that the Civil Aviation Authority can effectively manage and enforce compliance with safety standards in the aviation sector, thereby protecting public safety and maintaining the integrity of the aviation regulatory framework.