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" "Governor" means the person for the time being administering the Government of the Territory, and includes, in relation to any of the functions of the Governor under this Order (other than the functions of making rules and regulations under this Order or of making or revoking a designation under article 111 or article 136 of this Order or of reviewing a decision under article 137 of this Order):
(a) any person who is designated for the time being by the Governor in accordance with article 136 of this Order to carry out that function, or

(b) if no other person has been designated to carry out that function, ASSI;"

    (2) In article 130 after the definition of "Area navigation equipment", the following shall be inserted - 

" "ASSI" means Air Safety Support International, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2 January 2003;"

    (3) After article 135 there shall be added the following new articles - 

" Designation by the Governor
     136.  - (1) Subject to paragraphs (2) and (4), the Governor, acting in his discretion, may designate any person to carry out such functions of the Governor under this Order as are specified in the designation, subject to such conditions as he sees fit.

    (2) Before making any designation under paragraph (1), the Governor shall consult ASSI as to the qualifications and competence of the person concerned and the resources available to him to carry out the relevant functions and shall take account of the advice given by ASSI in deciding whether to make the designation.

    (3) The Governor may, on sufficient ground being shown to his satisfaction after he has considered all relevant information and arguments (which shall include consultation with and consideration of advice given by ASSI), revoke or vary a designation.

    (4) This article shall not apply to the Governor's functions of making regulations under this Order or of making or revoking a designation under article 111 or under this article of this Order nor to his functions under article 137 of this Order.

Review by the Governor
     137.  - (1) Where any person designated pursuant to article 136(1) decides that it would be inexpedient in the public interest to register an aircraft in a Territory or refuses an application for the grant, validation or variation of a licence, certificate, approval, authorisation or rating or decides to cancel the registration of an aircraft or revoke, suspend or vary a licence, certificate, approval, authorisation, validation or rating otherwise than on the application of the holder, the person designated shall serve on the person concerned a notice stating the reasons for the decision and the person concerned may within 14 days of the date of the service of the notice, serve on the Governor a request that the decision be reviewed by the Governor.

    (2) Where such a request under paragraph (1) has been duly served the Governor shall, before making a decision, consider any oral representations which may be made to him or any representations in writing which may have been served upon him by the person concerned within 21 days after the date of service of the request and may, before making a decision, consider the advice of such technical assessors as the Governor may appoint to advise him provided that the Governor shall not appoint as an assessor any person who participated in the decision or proposal or in giving or assessing any test or examination which is to be the subject of the Governor's decision."

A. K. Galloway
Clerk of the Privy Council

[2] S.I. 1969/592.back

[3] S.I. 2001/1452.back

[4] S.I. 2001/2128.back

 

© Crown copyright 2003

Prepared 11 March 2003