Ordinance On The Civil Aviation Office's Functions And Powers, On The Promulgation Of The Aviation Department Laid Down Rules And Access To Justice

Original Language Title: Bekendtgørelse om Statens Luftfartsvæsens opgaver og beføjelser, om kundgørelse af de af luftfartsvæsenet fastsatte forskrifter og om klageadgang

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122285

Ordinance on the civil aviation Office's functions and powers, on the promulgation of the Aviation Department laid down rules and access to justice

Pursuant to §§ 152, 152, 153 (a), (2) and § 153 (a), paragraph 2, of the law on aviation regulation. lovbekendtgørelse nr. 731 of 21. June 2007 shall be determined:

Tasks

§ 1. Statens luftfartsvæsen is an agency under the Ministry of Transport.

§ 2. Statens luftfartsvæsen shall assist the Secretary of State and other authorities in questions in the field of air transport. Aviation Administration regulates and supervises the exercise of civil aviation. In addition, driver Statens luftfartsvæsen State Airport Bornholm airport.

Powers

§ 3. Where the Secretary of State is vested powers in accordance with the law on aviation or EU regulations in this area, see. However, section 4, these powers are exercised by the civil aviation on the Minister's behalf.

(2). Statens luftfartsvæsen can pursuant to the Aviation Act § 152 (2), lay down the rules on the supply of power to other public authorities, private organisations or experts to decide, as after the aviation law or this Ordinance conferred on air services within the hobby characterized the flight, and where it must be considered for air traffic security securely.

(3). Administrative law's Cape. 2-7 and disclosure section 6 applies to private organizations and experts, in accordance with paragraph 2 get attributed to the competence of the decision. Statens luftfartsvæsen may lay down rules on the storing of documents and on secrecy.

Powers not delegated to the civil aviation

§ 4. The following powers not delegated to the civil aviation:





1) § 3, paragraph 2, to provide for the access to air travel within the Kingdom, temporarily restricted or prohibited.

2) § 40 h, paragraph 1, to establish a working environment councils for aviation.

3) section 40 in (1) and (3) whether to appoint the Chairman and other members of the occupational safety and Health Council.

4) section 58 (a) whether the whole or partial taking over the airfields, which is of vital importance to Denmark's national and international transport links.

5) section 61 (2) whether to grant permission to expropriation to the non-governmental installations.

6) section 134 (1) and (2) and section 144 (b), paragraphs 1, 2, 4 and 7, on the establishment of an accident Commission, lay down the composition of the Commission and lay down rules for the activities of the Commission, etc.

7) section 135, paragraph 3, and section 137, paragraph 4, to lay down rules on notification, etc. relating to aircraft accident or incident.

8) section 152 to entrust the power to take decisions, which by law are conferred on the Minister or the aviation services, for others and lay down the rules on the handling of the case and the appeals of such decisions, see. However, § 3, paragraph 2.





Regulations

§ 5. Regulations issued by the civil aviation, shall be drawn up as Civil Aviation rules (BL), see. However, paragraph 4.

(2). Civil Aviation rules be introduced not in the Official Gazette.

(3). Information about the content of the requirements can be obtained from the civil aviation. In addition, the requirements of the civil aviation Office's website www.slv.dk.

(4). Regulations, to be laid down pursuant to the Aviation Act § 40 g, paragraphs 1, 3 and 4, section 50, paragraph 9, §§ 70 and 70 (a), section 70 (b), paragraphs 1 to 5, and §§ 76, 85 and 130, 130 (a) and 131, issued Executive orders introduced in the Official Gazette.

§ 6. Statens luftfartsvæsen can in special cases, grant derogations from the requirements.

Access to justice

§ 7. Decisions taken pursuant to regulations prescribed under section 3 (2), an appeal may be lodged to the civil aviation.

(2). The appeal does not have suspensory effect. Statens luftfartsvæsen can, however, attach an appeal suspensory effect, when there are special circumstances.

(3). The Danish civil aviation Office's decisions taken pursuant to article 7, paragraph 1, and in accordance with air navigation law, regulations set out in the implementation thereof, Civil Aviation rules and EU regulations in this area, cannot be appealed to the Secretary of State.

Date of entry into force of

§ 8. The notice shall enter into force on the 15. February 2009.

(2). At the same time repealed Executive Order No. 1597 by 18. December 2007 about the Danish civil aviation Office's functions and powers, on the promulgation of the Aviation Department laid down rules and access to justice.
The Ministry of transport, the 3. February 2009 Lars Barfoed/Claus f. Baunkjær