TRANSPORT ACT 2000

CHARGES FOR AIR SERVICES

SPECIFICATION BY THE CIVIL AVIATION AUTHORITY

THE CIVIL AVIATION AUTHORITY (NAVIGATION SERVICES CHARGES) (NO. 2) SPECIFICATION 2005

TAKING EFFECT ON 1 SEPTEMBER 2005

The Civil Aviation Authority (“CAA”), in exercise of the powers conferred by sections 73, 74 and 75 of the Transport Act 2000 (a), hereby makes the following Specification: Citation and commencement 1.  This Specification may be cited as the Civil Aviation Authority (Navigation Services Charges) (No. 2) Specification 2005, and shall take effect on 1 September 2005. Revocation 2.  The following Specifications are hereby revoked—  The Civil Aviation Authority (Navigation Services Charges) Specification 2005 which took effect on 1 April 2005.  The Civil Aviation Authority (Navigation Services Charges) (Amendment) Specification 2005 which took effect on 1 June 2005. Interpretation 3. —(1) In this Specification— “NERL” means NATS (En Route) plc, a Company incorporated in England and Wales with number 4129273 whose registered office is at 5th Floor South, Brettenham House, Lancaster Place, London WC2E 7EN; “NSL” means NATS (Services) Limited, a Company incorporated in England and Wales with number 4129270 whose registered office is at 5th Floor South, Brettenham House, Lancaster Place, London WC2E 7EN; “the specified amount” means, in relation to a landing or take-off, the additional cost incurred by NSL in providing chargeable air services by reason of the landing or take-off, as the case may be, being made outside hours; “the standard charge” means, for each complete metric tonne of the maximum total weight authorised of the aircraft in respect of which the charge is made, and for each fraction of a metric tonne, a charge for services provided in connection with the use of any one of the aerodromes specified in column 1 of the following Table in respect of an aircraft engaged on any flight, of the amount specified in relation to that aerodrome in column 4 of the said Table; TABLE

(1)	(2)	(3)	(4)
Aerodrome	Aerodrome Charge	Terminal Approach Service Charge	Charge Payable
Heathrow—London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes	£1.22	£0.20	£1.42
For each additional metric tonne and for each fraction of a metric tonne over 100 metric tonnes	£0.49	£0.08	£0.57
Gatwick—London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes	£1.22	£0.20	£1.42
For each additional metric tonne and for each fraction of a metric tonne over 100 metric tonnes	£0.49	£0.08	£0.57
Stansted—London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes	£1.22	£0.20	£1.42
For each additional metric tonne and for each fraction of a metric tonne over 100 metric tonnes	£0.49	£0.08	£0.57
Aberdeen (Dyce)
For each metric tonne and for each fraction of a metric tonne up to 20 metric tonnes	£5.63	-	£5.63
For each additional metric tonne and for each fraction of a metric tonne over 20 metric tonnes	£3.46	-	£3.46
Edinburgh	£2.03	-
Control Tower Building Supplement from 1 October 2005	£0.38	£2.41
Glasgow	£1.91	-	£1.91

“United Kingdom Air Pilot” means the document so entitled in force at the date of making this Specification and published under the authority of the CAA; “within hours” means within the notified hours of watch of the air traffic control unit at the aerodrome, and “outside hours” shall be construed accordingly. (2) Unless otherwise defined in this Specification and unless the context otherwise requires, expressions used in this Specification shall have the same respective meanings as in the Transport Act 2000 and the Air Navigation Order 2005 (b) . Charges for services at aerodromes 4. —(1) Subject to the provisions of this Specification, the operator of every aircraft for which chargeable air services are provided by NSL in respect of the charge specified in column 2 of the Table in paragraph 3(1) of this Specification and for which chargeable air services are provided by NERL in respect of the charge specified in column 3 in connection with the use of an aerodrome referred to in column 1 (whether or not the services are actually used or could be used with the equipment installed in the aircraft) shall pay to NSL for the services provided by NSL or NERL on the occasion specified in column 1 of the following Table the charges specified in relation to those occasions in column 2. Any amounts payable in respect of the Terminal Approach Service Charge to NERL shall be paid to NSL on behalf of NERL. TABLE

(1)	(2)
(a)	Upon each landing of the aircraft at that aerodrome within hours. . . . . . .	the standard charge.
(b)	Upon each landing of the aircraft at that aerodrome outside hours . . . . . . .	the standard charge surcharged by 75% or by the specified amount whichever is the greater.
(c)	Upon each take-off of the aircraft at that aerodrome outside hours being either—
(i)	a take-off which does not take place within 1 hour of landing or	the specified amount or    75% of the standard    charge whichever is the greater.
(ii)	a take-off which takes place
within 1 hour of a landing
made within hours . . . . .

(2) Where on the occasion of any landing or take-off (as the case may be) other than one to which sub-paragraph (4) of this paragraph applies in connection with a flight which is not for the purpose of public transport the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in sub-paragraph (1) of this paragraph there shall be substituted references to “50% of the standard charge”. (3) Subject to sub-paragraph (6) below, where on the occasion of any landing or take-off (as the case may be) at Aberdeen (Dyce), Edinburgh or Glasgow aerodrome by an aircraft on a scheduled journey the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in sub-paragraph (1) of this paragraph there shall be substituted references to “50% of the standard charge”. (4) Where on the occasion of any landing or take-off (as the case may be) in connection with a flight made exclusively for the purpose of instruction or testing of flight crew, for the references to “the standard charge” in the Table in sub-paragraph (1) of this paragraph there shall be substituted references to “50% of the standard charge” in the case of any aerodrome referred to in the Table in paragraph 3(1) of this Specification. (5) The minimum charge payable under this paragraph shall be £10.00. (6) Sub-paragraph (3) above shall not apply to any flight to which paragraph 7 applies. Charges for approach services provided from an aerodrome to aircraft which do not land at that aerodrome 5. —(1) Subject to the provisions of this Specification, the operator of every aircraft engaged on a flight which is not for the purpose of public transport for which chargeable air services are provided by NSL in connection with an approach to an aerodrome referred to in the Table in paragraph 3(1) of this Specification, not being the aerodrome of intended landing of the aircraft (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to NSL for those services for each approach to any aerodrome referred to in the said Table 25% of the standard charge. (2) The minimum charge payable under this paragraph shall be £10.00. Charges for services provided in the Shanwick Oceanic Control Area 6.  Subject to the provisions of this Specification, the operator of every aircraft (whether or not registered in the United Kingdom) which flies within the Shanwick Oceanic Control Area, as described in the United Kingdom Air Pilot on the date this Specification takes effect, and in respect of which a flight plan is communicated to the appropriate air traffic control unit in relation to its flight in that Area shall pay to NERL, for the chargeable air services made available by it in relation to that flight, a charge of £56.44. Charges for services provided for North Sea helicopters 7.—(1) Subject to the provisions of this Specification, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in sub-paragraph (2) of this paragraph while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to NERL, for the chargeable air services made available by it in relation to that flight, a charge of £228.00. (2) The area referred to in sub-paragraph (1) of this paragraph is the area bounded by straight lines joining successively the following points— 6300N 00500W; 632833N 000000EW; thence south along the UK Median Line to 5500N 00302E; 5500N 00100W; 5600N 00230W; 5740N 00230W; 5740N 00400W; 5830N 00400W; 5830N 00500W; 6300N 00500W. (3) Subject to the provisions of this Specification, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in sub-paragraph (4) of this paragraph while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to NERL for the chargeable air services made available by it in relation to that flight, a charge of £156.00. (4) The area referred to in sub-paragraph (3) of this paragraph is the area bounded by straight lines joining successively the following points— 5500N 00100W; 5500N 00300E; 5423N 00245E; 5256N 00309E; 5230N 00247E; 5226N 00137E; 5238N 00140E; 5251N 00124E; 5319N 00010E; 5500N 00100W. Value Added Tax charge 8. For the purpose of reimbursing NERL and NSL in respect of value added tax payable on the provision of chargeable air services for which a charge is payable pursuant to this Specification there shall be charged an additional charge equal to the amount of such tax and the incidence of the first mentioned charge shall determine the incidence of the additional charge. Services provided outside hours where the intention to land or take-off is not carried out 9.—(1) Subject to sub-paragraph (2) of this paragraph, whenever, by reason of its having received from the operator or commander of an aircraft notice of intention to make use outside hours of an aerodrome referred to in the Table in paragraph 3(1) of this Specification for landing or take-off or as an alternate aerodrome, NSL provides chargeable air services outside hours but the aircraft does not land or take-off on the occasion specified in the notice, the operator of the aircraft shall pay, in respect of each such aerodrome— (a) in the case of an intended landing or intended use of the aerodrome as an alternate aerodrome, an amount equal to the surcharge payable under paragraph (b) of the Table in paragraph 3(1) of this Specification on the landing of the aircraft outside hours; (b) in the case of an intended take-off, an amount equal to the charge, if any, which would have been payable under paragraph (c) of the Table in paragraph 3(1) of this Specification if the aircraft had actually taken off outside hours at the intended time. (2) A charge shall not be payable under this paragraph if the notice of intention is cancelled not less than 30 minutes before the end of the last period of watch within hours before the time specified in the notice for landing or for the intended use of the aerodrome as an alternate aerodrome or for take-off, as the case may be. Circumstances in which charges are payable by the owner 10. If either NERL or NSL as appropriate is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator for the purposes of this Specification until he establishes to the reasonable satisfaction of NERL and NSL as appropriate that some other person is the operator; and from the time when the notice is given NERL and NSL as appropriate shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of this Specification (other than this paragraph) shall apply to the owner as if he were the operator. By Order of the Civil Aviation Authority R J Britton, Secretary and Legal Adviser, Civil Aviation Authority, CAA House, 45-59 Kingsway, London WC2B 6TE. 10 August 2005. EXPLANATORY NOTE (This note is not part of the Specification) 1. This Specification revokes and replaces the Civil Aviation Authority (Navigation Services Charges) Specification 2005, as amended. 2. The Specification sets out the charges payable to NATS (Services) Limited (NSL), for chargeable air services provided in connection with the use of London Heathrow, London Gatwick, London Stansted, Aberdeen (Dyce), Edinburgh and Glasgow Aerodromes (paragraphs 3, 4 and 5). The Charges payable to NSL have been changed as follows— In respect of the three London Airports, the standard charge for the first 100 metric tonnes maximum total weight authorised of an aircraft, or part thereof, is increased from £1.39 per metric tonne to £1.42. For each additional metric tonne, or part thereof, in excess of 100 metric tonnes, the standard charge is reduced from £0.58 per metric tonne to £0.57. The standard charge at Aberdeen (Dyce), is amended. For the first 20 metric tonnes maximum total weight authorised of an aircraft, or part thereof there is a charge of £5.63. For each additional metric tonne, or part thereof in excess of 20 metric tonnes the standard charge is £3.46. The standard charge for Edinburgh is increased from £1.96 per metric tonne to £2.03. In addition there is a supplementary charge of £0.38 per metric tonne in respect of the new control tower building. The total charge is £2.41 per metric tonne. The standard charge for Glasgow is increased from £1.90 per metric tonne to £1.91. 3. The charge payable to NATS (En Route) Limited (“NERL”), by the operator of an aircraft which flies within the Shanwick Oceanic Control Area and in respect of which a flight plan is communicated to the appropriate air traffic control unit remains at £56.44 (paragraph 6). 4. The charge payable to NERL, by the operator of a helicopter which flies from any place in the United Kingdom to a vessel or an off-shore installation within the area of the Northern North Sea described in paragraph 7(2) remains at £228 (paragraph 7(1)). 5. The charge payable to NERL, by the operator of a helicopter which flies from any place in the United Kingdom to a vessel or an off-shore installation within the area of the Southern North Sea described in paragraph 7(4) remains at £156 (paragraph 7(3)). (a)  2000 c. 38. (b)  S.I. 2005/1970.