Directions Establishing ASSI

Direction

Air Safety Support International was established in 2003 as a result of the Civil Aviation Authority (Overseas Territories) Directions 2003 (as amended).  The current Direction is as follows:

The Civil Aviation Authority (Overseas Territories) Directions 2014*

* as amended by the Civil Aviation Authority (Overseas Territories) (Variation) Directions 2015 effective 1 April 2015

The Secretary of State, makes the following Directions in exercise of the powers conferred by sections 6(2)(b), (c) and (d) of the Civil Aviation Act 1982  in order to ensure that the United Kingdom discharges its obligations under the Convention on International Civil Aviation, done in Chicago on 7 December 1944  ("the Chicago Convention") in respect of the Overseas Territories. The Secretary of State has consulted with the Civil Aviation Authority ("the CAA") and hereby directs the CAA as follows:

Commencement and Citation

1.  These Directions may be cited as the Civil Aviation Authority (Overseas Territories) Directions 2014 and shall come into force on 14 March 2014.

Revocation

2.  The Directions specified in Schedule 1 are hereby revoked.

Interpretation

3.  Unless the contrary intention appears or the context otherwise requires, words and expressions used in these Directions shall be construed as if they were in an Act of Parliament and the Interpretation Act 1978 applied to them and references to an enactment shall include any statutory modification or re-enactment thereof after the date of the coming into effect of these Directions.

4.  Any word or expression defined for the purposes of any provision of the Air Navigation (Overseas Territories) Order 2013  ("the 2013 Order") shall, unless the contrary intention appears, have the same meaning when used in these Directions.

5.  In these Directions: "Overseas Territory" means any Territory to which the 2013 Order applies.

Air Safety Support International and its functions

6.  There shall continue to be a body corporate called Air Safety Support International (ASSI), which shall be constituted in accordance with the following provisions of this section.

7.  The CAA shall require ASSI to perform the following functions:

a)  to audit aviation safety and security regulation in each Overseas Territory and to provide advice to the Secretary of State, the Governor and those responsible for such regulation, including advice as to whether that Overseas Territory is complying with the United Kingdom's obligations under the Chicago Convention (save for those matters covered by Annex 9 of the said Convention). For the purpose of this function, ASSI shall assess the standards of aviation safety and security regulation, the adequacy of the resources employed on such regulation; and make recommendations as to any remedial measures that may be necessary;

b)  to produce and submit to the Secretary of State for approval draft amendments to the 2013 Order and to the Air Navigation (Overseas Territories) (Environmental Standards) Order  as and when necessary, in particular, so as to enable timely effect to be given (unless agreed otherwise with the Secretary of State) to Standards and Recommended Practices contained in Annexes to the Chicago Convention, save for those matters covered by Annexes 9 of the said Convention;

c)  to produce OTARs;

d)  to provide assistance, training and advice to the Governor or any person designated as responsible for aviation safety and security regulation in each Overseas Territory; and

e)  to carry out aviation safety and security regulation functions in an Overseas Territory when so designated by the Governor of that Territory under the powers granted to the Governor by article 6 of the 2013 Order.

8.  The Memorandum and Articles of Association of ASSI may permit it to carry out functions unrelated to those specified in paragraph 7 provided that the Secretary of State consents to its so doing.

9.  The Memorandum and Articles of Association of ASSI shall not be altered without the consent of the Secretary of State.

10.  The CAA shall appoint no fewer than 5 directors, of whom 2 will be executive directors. One of the non-executive directors shall be appointed as Chairman and one of the executive directors shall be appointed as Chief Executive. The appointments of the Chairman and the Chief Executive shall be subject to approval by the Secretary of State and the CAA. The Chief Executive shall be recruited following public advertisement for the post including advertisement in appropriate Overseas Territories.

11.  The CAA shall ensure that ASSI makes no charge to any person in respect of its functions save for such charges:

a)  by way of reimbursement of its costs as it may make directly to the Government of an Overseas Territory in respect of assistance, training or advice undertaken pursuant to paragraph 7(d) of these Directions, or safety regulation or security functions undertaken pursuant to paragraph 7(e) of these Directions;

b)  agreed with the Government of the Overseas Territory concerned; or

c)  which the Secretary of State agrees that ASSI may charge the Secretary of State.

12.  The CAA shall require ASSI to submit its budget, which shall include a forecast of any income and expenditure which ASSI expects to arise as a result of any activities permitted under paragraph 8 which are unrelated to those functions specified at paragraph 7, to the Secretary of State for approval 3 months before the beginning of each financial year. The CAA shall require ASSI to provide to the Secretary of State quarterly returns showing its performance against budget.

13.  The CAA shall require ASSI to comply with any directions made by the Secretary of State to the CAA in exercise of the Secretary of State's powers under the Civil Aviation Act 1982 in so far as they are applicable to ASSI.

14.  The CAA shall set objectives for ASSI which shall be approved in advance by the Secretary of State. They shall include provision for ASSI to assess aviation safety regulation in each Overseas Territory against the ability of each Overseas Territory to carry out the functions designated to it; against the rules, requirements and procedures applicable in that territory; and against the Standards and Recommended Practices contained in the Annexes to the Chicago Convention.

15.  The CAA shall undertake at least annually an audit of ASSI's activities and shall submit a report thereon to the Secretary of State.

Signed:

Adam Simmons
Deputy Director, International Aviation Safety and Environment Division
Department for Transport

10 March 2014

Schedule 1

Directions revoked

• The Civil Aviation Authority (Overseas Territories) Directions 2003 (signed 2 January 2003).
• The Civil Aviation Authority (Overseas Territories) (Variation) Direction 2008 (signed 15 July 2008).
• The Civil Aviation Authority (Overseas Territories) (Variation) (No 2) Direction 2008 (signed 16 December 2008).
• The Civil Aviation Authority (Overseas Territories) (Variation) Direction 2009 (signed 21 July 2009).
• The Civil Aviation Authority (Overseas Territories) (Amendment) Direction 2013 (signed 17 July 2013).