S.I. No. 47/1940 - Air Navigation (Amendment) Regulations, 1940.


STATUTORY RULES AND ORDERS. 1940. No. 47.

AIR NAVIGATION (AMENDMENT) REGULATIONS, 1940.

WHEREAS it is enacted by Section 15 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) (as adapted in consequence of the enactment of the Constitution), that every order and regulation made under Part I of the Air Navigation Act, 1920, and in force at the passing of the first-mentioned Act shall be deemed for the purposes of the said first-mentioned Act to be made under Part II of the said first-mentioned Act and may accordingly be amended or revoked by an order of the Government, and, until so revoked and subject to any such amendment, shall remain in force :

AND WHEREAS the Air Navigation (General) Regulations, 1930 (Statutory Rules and Orders No. 26 of 1930), were made under Part I of the Air Navigation Act, 1920, and were in force at the passing of the Air Navigation and Transport Act, 1936 :

NOW, THEREFORE, the Government, in exercise of the powers conferred on them by Section 15 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), (as adapted in consequence of the enactment of the Constitution) and of every and any other power them in this behalf enabling, hereby order and make the following regulations, that is to say :—

1. These Regulations may be cited as the Air Navigation (Amendment) Regulations, 1940.

2. In these Regulations, the expression " the Principal Regulations " means the Air Navigation (General) Regulations, 1930 (Statutory Rules and Orders No. 26 of 1930).

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4. Regulation 11 of the Principal Regulations is hereby amended by the insertion therein of the following two paragraphs in lieu of paragraph (2) now contained therein, that is to say :—

" (2) The notification required by the immediately preceding paragraph in relation to a registered aircraft shall be given by—

(a) in case the registered owner of such aircraft is dead, the personal representative of such registered owner,

(b) in case such registered owner is a company which is dissolved, the successor in title of such company in the ownership of such aircraft.

(3) On receipt of a notification under this regulation in relation to a registered aircraft or, if at any time the Minister is satisfied that the registered aircraft ceases to be owned wholly by a person or persons or a company fulfilling the conditions of Regulation No. 8 of these regulations, the Minister may cause the registration and the certificate of registration of the aircraft to be altered or cancelled, as the circumstances may require."

5. Regulation 12 of the Principal Regulations is hereby amended by the insertion therein of the following two paragraphs in lieu of paragraph (2) now contained therein, that is to say :—

" (2) The notification required by the immediately preceding paragraph in relation to a registered aircraft shall be given by—

(a) in case the registered owner of such aircraft is dead, the personal representative of such registered owner,

(b) in case such registered owner is a company which is dissolved, the successor in title of such company in the ownership of such aircraft.

(3) On receipt of a notification under this regulation in relation to a registered aircraft the Minister may cause the registration and the certificate of registration of such aircraft to be cancelled.".

Given under the Official Seal of the Government this 9th day of February, 1940.