Air Navigation and Transport Act 2022

71

Other charges by company

71. The Act of 1993 is amended by the substitution of the following section for section 44:

“44. (1) The company may charge such amounts as it considers appropriate in respect of any of the following:

(a) the performance by it of its functions under this Act or any other enactment;

(b) services provided by it to other persons;

(c) property, real or personal, sold, hired or leased by it to other persons.

(2) The company may charge such amounts as it considers appropriate in respect of any functions performed by it pursuant to any European Union Regulations listed in Schedule 2.

(3) Any amount due by a person to the company in respect of a charge under this section may be recovered by the company from the person as a simple contract debt in any court of competent jurisdiction.

(4) Regulations made under section 23 of the Aviation Regulation Act 2001 and in force immediately before the commencement of section 8(2) of the Air Navigation and Transport Act 2022 shall continue in force on and after that commencement as if—

(a) references in that section to the Commission for Aviation Regulation were references to the company, and

(b) references in those Regulations to such Commission included references to the company,

and subsection (5) shall be construed accordingly.

(5) The company may, by regulations made under section 23 of the Aviation Regulation Act 2001, revoke regulations referred to in subsection (4), whether in whole or in part, to take account of when a charge under this section supersedes a levy under that section.”.