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) Specification 2010 and shall take effect on 1st April 2010.

Revocation

• 2 The Civil Aviation Authority (Navigation Services Charges) Specification 2009, which took effect on 1st April 2009 is revoked.

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;

“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;

(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 2009 (b) .

Charges for London Approach services

• 4 Subject to the provisions of this Specification, the operator of every aircraft for which chargeable air services are provided by NERL in connection with an approach to London-Heathrow, London-Gatwick and London-Stansted aerodromes (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to NERL for those services the charges specified in column 2 of the Table below.

TABLE

Charges for services provided in the Shanwick Oceanic Control Area

• 5 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 £53.20.

Charges for services provided for North Sea helicopters

• 6 - (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 £301.00.

(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 £72.00.

(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

• 7 For the purpose of reimbursing NERL 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.

Circumstances in which charges are payable by the owner

• 8 If NERL 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 that some other person is the operator; and from the time when the notice is given NERL 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.

17th March 2010

EXPLANATORY NOTE

(This note is not part of the Specification)

• 1 This Specification revokes and replaces the Civil Aviation Authority (Navigation Services Charges) Specification 2009.
• 2 Charges in connection with London Approach services provided by NATS (En Route) plc (“NERL”) are increased from £0.08 to £0.09 for each metric tonne and for each fraction of a metric tonne over 100 metric tonnes. Charges for each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes are unchanged (paragraph 4).
• 3 The charge payable to 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 is reduced from £56.18 to £53.20 (paragraph 5).
• 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 6(2) is increased from £263 to £301 (paragraph 6(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 6(4) is reduced from £107 to £72 (paragraph 6(3)).

(a)  2000 c.38.

(b)  S.I. 2009/3015.