Cap. 333 · Eurocontrol Act (Cap. 333)
Cap. 333 Art. 2Interpretation.
(1) In this Act, unless the context otherwise requires -
"Agency" means the Agency comprised in Eurocontrol, the statute of which is annexed to the Convention;
"Air Navigation Act" means the Air Navigation Act, or any Act substituting the same; "Contracting Party" means a State which is or becomes a party to the Convention; "Contracting Party addressed" in relation to a decision means the Contracting Party in which the decision is sought to be enforced; "Contracting Party of Origin" in relation to a decision means the Contracting Party in which the decision was given; "Convention" means the Convention relating to Co-operation for the Safety of Air Navigation (Eurocontrol) signed in Brussels on the 13th December, 1960, as amended by the Additional Protocol thereto signed at Brussels on the 6th July 1970, in its turn amended by the amendment to the Additional Protocol signed at Brussels on the 21st November, 1978, and as amended by the Protocols amending the Convention signed in Brussels on the 12th February, 1981 and the 27th June 1997, which Convention and Protocols are deposited in the Archives of the Kingdom of Belgium; a consolidated text of the Convention and Protocols is reproduced in the Schedule; "decision creditor" means the person by whom the decision was obtained and includes the successors and assignees of that person; "decision debtor" means the person against whom the decision was given; and includes any person against whom the decision is enforceable; " air navigation services" includes information, en route directions and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft;
"Eurocontrol" means the European Organization for the Safety of Air Navigation established by the Convention, including, except where the context otherwise requires, the General Assembly, the Council and the Agency comprised in that Organisation; "installations" means apparatus for locating, directing, affording navigational aid to, or otherwise communicating with, aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid; Where any law makes references to provisions of the Air Navigation Order which were not reproduced in the Air Navigation Act, or any
Act substituting the same, the matter shall be regulated by means of a regulatory instrument issued by the Director General.
"Minister" means the Minister responsible for civil aviation and to the extent of the authority given, any person authorised in that behalf by such Minister; "prescribed" means prescribed by regulations under this Act;
"record" includes, in addition to a record in writing -
(a) any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom;
(b) any film, tape or other device in which visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and
(c) any photograph; and any reference to a copy of a record includes in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein, in the case of record falling within paragraph (b) only of this definition, a still reproduction of the images embodied therein, and in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;
"registering court" in relation to any decision means the court to which the decision was registered;
"relevant authority", in relation to a Contracting Party, means -
(a) any court or tribunal which, under the law of the State, has jurisdiction to decide questions as to whether or not a sum is due to Eurocontrol in respect of air navigation services provided by Eurocontrol or some other person;
(b) any administrative authority which, under that law, has jurisdiction to take, or is otherwise authorised to take, decisions in respect of such questions being decisions which in that State are subject to appeal to, or review by, a court or tribunal;
(c) any court or tribunal which, under that law, has jurisdiction to decide any appeal from, or carry out any review of, a decision made in respect of any such question by another relevant authority.
(2) In the case of inconsistency between the text of the Convention as reproduced in the Schedule and the text of the Convention deposited in the Archives of the Kingdom of Belgium, the latter shall prevail.