the trinidad and tobago civil aviation authority act, … trinidad and tobago civil aviation...

23
THE TRINIDAD AND TOBAGO CIVIL AVIATION AUTHORITY ACT, 2000 Arrangement of Sections Section 1. Short title 2. Commencement PART I PRELIMINARY 3. Interpretation PART II ESTABLISHMENT, FUNCTIONS AND POWERS OF THE TRINIDAD AND TOBAGO CIVIL AVIATION AUTHORITY 4. Establishment of the Trinidad and Tobago Civil Aviation Authority 5. Functions of the Authority 6. Powers of the Authority 7. Performance of functions and exercise of powers 8. Power to make regulations 9. Delegation of Authority’s functions or powers to employees of the Authority 10. Right of Authority to exclusive services 11. Directions by the Minister PART III THE BOARD 12. Establishment and composition of Board 13. Appointment of Director General of Civil Aviation 14. Disclosure of interest of Board and Director General

Upload: vuthien

Post on 21-May-2018

224 views

Category:

Documents


2 download

TRANSCRIPT

THE TRINIDAD AND TOBAGO CIVIL AVIATIONAUTHORITY ACT, 2000

Arrangement of Sections

Section

1. Short title

2. Commencement

PART I

PRELIMINARY

3. Interpretation

PART II

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE TRINIDAD AND TOBAGO

CIVIL AVIATION AUTHORITY

4. Establishment of the Trinidad and Tobago Civil AviationAuthority

5. Functions of the Authority

6. Powers of the Authority

7. Performance of functions and exercise of powers

8. Power to make regulations

9. Delegation of Authority’s functions or powers to employees ofthe Authority

10. Right of Authority to exclusive services

11. Directions by the Minister

PART III

THE BOARD

12. Establishment and composition of Board

13. Appointment of Director General of Civil Aviation

14. Disclosure of interest of Board and Director General

PART IV

PLANNING AND MANAGEMENT

15. Corporate plan16. Minister’s response to corporate plan

PART V

FINANCE

17. Trinidad and Tobago Civil Aviation Fund18. Application of Fund19. Estimates of expenditure20. Accounts and audit21. Financial Year22. Borrowing from Government23. Borrowing from non-Government Services24. Exemption from Central Tenders Board Ordinance, 1961

PART VI

STAFF

25. Board to employ staff26. Option available to public officers27. Employment of persons for specific tasks28. Establishment of pension fund plan29. Preservation and accrual of superannuation benefits30. Payment of superannuation benefits by Authority prior to the

establishment of the pension fund plan31. Payment of superannuation benefits by pension fund plan

PART VII

MISCELLANEOUS

32. Transitional33. Amendment to Schedules

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

ii

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 39,No. 156, 16th August, 2000

Fifth Session Fifth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 33 of 2000

[L.S.]

AN ACT to establish the Trinidad and Tobago CivilAviation Authority and for other related purposes.

[Assented to 11th August, 2000]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

1. This Act may be cited as the Trinidad and TobagoCivil Aviation Authority Act, 2000.

Enactment

Short title

2. (1) Sections 1, 2, 3, 4, 5 with the exception ofparagraph (b), 6(2)(f) and (h), 12, 13, and 25 shall takeeffect on the date of assent of this Act.

(2) The remaining provisions of this Act shall takeeffect on a date or dates to be fixed by Proclamation ofthe President.

PART I

PRELIMINARY

3. In this Act—“aviation document” means any licence,

certificate or other document issued by theTrinidad and Tobago Civil AviationAuthority to or in respect of any person,aircraft, aerodrome or aviation relatedservice;

“Board” means the Board of the Trinidad andTobago Civil Aviation Authority establishedin accordance with section 12;

“corporate plan” means a plan prepared inaccordance with section 15;

“Chairman” means the Chairman of the Boardand includes a temporary Chairman of theBoard;

“Chicago Convention” means the Conventionon International Civil Aviation, 1944 andany Protocol amending the Conventionand Annex relating to internationalstandards and recommended practices,being an Annex adopted in accordancewith the Convention;

“Director General” means the Director Generalof Civil Aviation appointed undersection 13;

“Deputy Chairman” means the DeputyChairman of the Board and includes atemporary Deputy Chairman of the Board;

468 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

Commencement

Interpretation

“GAAP” means Generally Accepted AccountingPractice which includes the internationalaccounting standards adopted by theInstitute of Chartered Accountants ofTrinidad and Tobago;

“member” means a member of the Board;

“Minister” means the Minister to whomresponsibility for civil aviation is assigned;

“Trinidad and Tobago aircraft” means aircraftregistered in Trinidad and Tobago.

PART II

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE TRINIDAD

AND TOBAGO CIVIL AVIATION AUTHORITY

4. There is hereby established a body corporate to beknown as “the Trinidad and Tobago Civil AviationAuthority” (hereinafter referred to as “the Authority”).

5. The functions of the Authority are—(a) to regulate, in accordance with this Act or

any other written law—(i) civil aviation operations in

Trinidad and Tobago territory;(ii) the operation of Trinidad and

Tobago aircraft within and aboveTrinidad and Tobago territory;

(iii) the operation of maintenanceorganisations in respect ofaircraft on the Trinidad andTobago register;

(b) to issue, renew and amend aviationdocuments and to collect fees in respectthereof;

(c) to provide an adequate system of air trafficservices in the Piarco Flight Information

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 469

Establishment of theTrinidad and TobagoCivil AviationAuthority

Functions of theAuthority

Region and such other airspace as may bethe subject of a treaty or an agreementbetween Trinidad and Tobago and anyother State or organisation;

(d) to promote the maintenance of highstandards of aviation safety and securitywithin the aviation industry;

(e) to carry out an investigation of any aircraftaccident occurring in or over Trinidad andTobago or in relation to any Trinidad andTobago aircraft;

(f) to advise the Minister on matters relatingto civil aviation; and

(g) to carry out such other functions as are forthe time being conferred upon it by virtueof this Act or any other written law.

6. (1) The Authority has the power to do all thingsnecessary and convenient to be done for, or inconnection with, the performance of its functionsspecified in section 5.

(2) Without limiting the generality of subsection (1),the Authority may—

(a) with the approval of the Minister, take upand subscribe for or otherwise acquireshares in any company or form orparticipate in the formation of a companyprovided that such subscription oracquisition is not in relation to a companyregulated by the Authority under this Act;

(b) with the approval of the Minister, enterinto a partnership or an arrangement forthe sharing of profits;

(c) provide information relating to air safety;(d) engage in any activity that promotes and

develops civil aviation, either alone or inconjunction with other civil aviationauthorities, international agencies ororganisations;

Powers of theAuthority

470 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(e) provide technical advice, assistance ortraining for any persons in respect of anymatter in which the Authority has skill orexperience;

(f) enter into contracts for the supply of goods,services or materials or for the execution ofworks or any other contracts as may benecessary for the discharge of its functionsunder this Act;

(g) utilize the property of the Authority in suchmanner as may appear to the Authorityrequisite, advantageous or convenient witha view to making the best use of any of theproperty of the Authority in relation to itsfunctions under this Act; and

(h) charge for the use of any facility or serviceprovided by the Authority.

7. (1) In performing its functions and exercising itspowers, the Authority shall regard the safety ofaviation as the most important consideration.

(2) Subject to subsection (1), the Authority shallperform its functions and exercise its powers in amanner that ensures, as far as is practicable, that theenvironment is protected from any detrimental effectsassociated with the operation and use of aircraft andfor this purpose the Authority shall observe theprovisions of the Environmental Management Act andany other written law.

(3) The Authority shall perform its functions andexercise its powers in a manner consistent with thefollowing:

(a) the obligations of Trinidad and Tobagounder the Chicago Convention as well asany other convention to which Trinidad andTobago is party; and

Performance offunctions andexercise of powers

Act No. 3 of 1995

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 471

(b) any other agreement between Trinidad andTobago and any other country relating tothe safety of aviation.

(4) The Board in ensuring the performance of thefunctions of the Authority shall exercise due care andact in a prudent and conscientious manner.

8. The Authority may, with the approval of theMinister, make regulations generally for the carryinginto effect the provisions of this Act.

9. (1) The Authority may, from time to time, eithergenerally or particularly, delegate to the DirectorGeneral of the Authority any of its functions or powersunder this Act or under any regulations or rules madepursuant thereto.

(2) Such delegation referred to in subsection (1)shall be in writing and signed by the Chairman.

10. The Authority has the exclusive right to providethe following aviation-related services within Trinidadand Tobago:

(a) aerodrome control services at internationalaerodromes;

(b) approach control services;(c) area control services;(d) flight information services; and(e) aeronautical information services.

11. (1) The Minister may give the Authority suchspecific or general directions, not inconsistent with theprovisions of this Act and the Authority shall give effectto any such directions.

(2) All directions referred to in subsection (1)shall be in writing and signed by the Minister.

Power to makeregulations

Delegation ofAuthority’s functionsor powers toemployees of theAuthority

Right of Authority toexclusive services

Directions by theMinister

472 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

PART III

THE BOARD

12. (1) There shall be a Board to manage theAuthority under the principle of good corporategovernance comprising six persons appointed by thePresident in accordance with the provisions of the FirstSchedule and the Director General, appointed inaccordance with section 13, who shall be an ex officiomember.

(2) The members shall be persons with provenexperience in the fields of civil aviation, business, law,financial management, economics and human resourcemanagement.

(3) The President may appoint any two membersto be Chairman and Deputy Chairman of the Board.

(4) The Board shall conduct its proceedings inaccordance with the provisions of the Second Schedule.

13. (1) The Authority shall, from time to timeappoint, with the approval of the Minister, a chiefexecutive who shall be known as the Director Generalof Civil Aviation.

(2) The Director General shall have and mayexercise such powers or functions as may be conferredor imposed on him by this Act or regulations madehereunder, and such powers as may be delegated to theDirector General by the Authority.

(3) Where the Director General is temporarilyunable to perform his duties by reason of illness orotherwise, the Board may appoint another person to actas Director General during such period of absence fromduty.

Second Schedule

Establishment andcomposition of Board

First Schedule

Appointment ofDirector General ofCivil Aviation

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 473

14. (1) Every member and the Director General shall,on appointment or annually thereafter, submit to thePresident a declaration that—

(a) he has no pecuniary interest in anybusiness entity regulated by the Authority;

(b) he has no pecuniary interest in anybusiness or any body corporate carrying onany business with the Authority in theexercise of its business; and

(c) he will not engage in any business with anyperson carrying on business, or competingin business, with the Authority.

(2) A member who has a pecuniary interest in amatter being considered by the Board shall, as soon aspossible after the relevant facts come to his knowledge,disclose the nature of this interest before the Board’sdeliberation on the matter.

(3) A disclosure under subsection (2) shall berecorded in the minutes of a meeting of the Board andafter such disclosure the member shall neither bepresent during any deliberation of the Board nor takepart in any decision of the Board, with respect to thatmatter.

(4) For the purposes of this section, a person who,or a nominee or relative of whom, is a shareholder whoowns shares in excess of five per cent or is a partner ina company or other body of persons other than astatutory authority or who is an employee thereof, shallbe treated as having a pecuniary interest.

(5) In this section “relative” means spouse,cohabitant within the meaning of the CohabitationalRelationships Act, father, mother, brother, sister, son ordaughter of a person.

Act No. 30 of 1998

Disclosure of interestof Board andDirector General

474 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(6) A member who fails to comply with theprovisions of this section is liable on summaryconviction to a fine of one hundred thousand dollarsunless he proves that he was unaware that—

(a) the matter in which he had an interest wasthe subject of consideration at the meeting;or

(b) he had an interest in the matter underconsideration at the meeting.

PART IV

PLANNING AND MANAGEMENT

15. (1) The Board shall prepare a three yearcorporate plan in respect of the Authority which shallbe submitted to the Minister.

(2) The plan may be revised at least once a yearand up to sixty days before the end of the first year ofthe plan.

(3) The first corporate plan shall begin no laterthan six months after the commencement of thissection.

(4) The Board shall keep the Minister informedabout—

(a) significant changes to the plan; and(b) matters that arise that could significantly

affect the objectives of the plan.

(5) The plan shall include details of the following:(a) the Authority’s operational environment;(b) the strategies of the Authority;(c) performance measures of the Authority;(d) review of performance against previous

corporate plans;

Corporate plan

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 475

(e) analysis of risk factors likely to affectaviation safety in the aviation industry;and

(f) human resource strategies and industrialrelations strategies.

(6) The plan shall also cover any other mattersrequired by the Minister to be covered, which mayinclude further details about the matters referred to insubsection (5).

16. (1) The Minister shall respond to the Board inrespect of a corporate plan, submitted in accordancewith section 15, within sixty days of receipt of the plan,failing which the Board shall be entitled to proceedwith the plan as submitted.

(2) The Minister ’s response may include adirection to the Board to vary the plan.

(3) A direction under subsection (2) shall be inwriting setting out reasons therefor.

(4) In directing a variation of the corporate plan,the Minister shall be guided by the objectives andpolicies of the Government.

(5) Where the Minister ’s response includes adirection to vary the corporate plan, the Board shallprepare a revised plan and submit it to the Ministerwithin thirty days of being so directed and the Ministershall likewise respond within thirty days.

PART V

FINANCE

17. (1) There is hereby established a fund to beknown as the “Trinidad and Tobago Civil AviationAuthority Fund” (hereinafter referred to as “theFund”).

Minister’s responseto corporate plan

Trinidad and TobagoCivil AviationAuthority Fund

476 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(2) The money of the Fund shall comprise—

(a) appropriations by Parliament from theConsolidated Fund;

(b) such sums as are provided by foreignstates, international organisations,multilateral or bilateral lending agencies orcorporations for the exercise of any of thefunctions of the Authority; or

(c) sums received by or owed to the Authorityin respect of the performance of itsfunctions or the exercise of its powers.

18. The money of the Fund shall be applied indefraying the following expenditure:

(a) the acquisition of property by the Authorityin the course of performing its functions orexercising its powers;

(b) the remuneration and allowances ofmembers of the Board;

(c) the remuneration, allowances, advances,loans, gratuities and pensions payable toemployees;

(d) contributions to the pension fund plan;

(e) capital and operating expenses, includingmaintenance and insurance of the propertyof the Authority;

(f) any other expenditure authorised by theAuthority in the performance of itsfunctions.

19. (1) The Authority shall, at least three monthsbefore the commencement of each financial year,submit to the Minister, for his approval, estimates ofexpenditure in such form as the Minister may prescribein accordance with GAAP.

Application of Fund

Estimates ofexpenditure

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 477

(2) The Authority shall, at such time as theMinister directs, furnish him with any furtherinformation in relation to the estimates as he mayrequire.

(3) The estimates of expenditure, as approved bythe Minister, shall be the expenditure budget of theAuthority for the financial year to which it relates.

20. (1) The Authority shall keep proper books ofaccounts and records, in accordance with GAAP, of allmoneys received and expended and shall record thematters in respect of which such sums were receivedand expended.

(2) Within three months after the end of eachfinancial year the Authority shall cause to be prepared,in respect of that year—

(a) a report setting out the activities of theAuthority; and

(b) financial statements prepared inaccordance with GAAP and any otherstatement as required by the Minister ofFinance.

(3) In instances where the standards included inGAAP are inappropriate or inadequate the Treasuryshall provide instructions.

(4) The accounts of the Authority are publicaccounts of Trinidad and Tobago for the purposes ofsection 116 of the Constitution.

(5) As soon as the accounts of the Authority havebeen audited, the Auditor General shall submit hisreport in accordance with section 116 of theConstitution and shall forward a copy of the said reportto the Minister.

(6) For the purposes of an audit conductedpursuant to this Act, the Exchequer and Audit Actshall apply as if an audit referred to in this Part is oneto which that Act applies.

Accounts and audit

Chap. 1:01

Chap. 69:01

478 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(7) Nothing in this section precludes the AuditorGeneral or an auditor engaged by the Board fromperforming a management or comprehensive audit ofthe activities of the Authority.

21. (1) The financial year of the Authority shall bethe period of twelve months beginning the first day ofOctober in any year to the thirtieth day of September inevery year, but the period from the date ofcommencement of this Act to the end of September nextfollowing shall be deemed to be the first financial year.

(2) The Authority may, with the approval of theMinister of Finance, vary its financial year.

22. The Minister with responsibility for finance may,on behalf of the Government, out of moneyappropriated by the Parliament for that purpose, lendmoney to the Authority on such terms and conditionsas he determines, in writing.

23. (1) The Authority may, with the approval of theMinister of Finance, borrow money from bodies orpersons other than the Government.

(2) Money may be borrowed wholly or partly inforeign currency.

(3) The Authority may with the approval of theMinister with responsibility for Finance, give securityover the whole or any part of its property for the dueperformance of its obligations incurred pursuant to thissection.

24. (1) The Authority in the performance of itsfunctions shall not be subject to the provisions of theCentral Tenders Board Ordinance, however, until suchtime as the Authority makes its own tendering rulesapproved by the Minister and subject to a negativeresolution of Parliament, the Authority shall observethe provisions of the Central Tenders Board Ordinance.

Financial year

Borrowing fromGovernment

Borrowing from non-Government Services

Exemption fromCentral TendersBoard Ordinance,1961

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 479

(2) Tendering rules made pursuant to subsection (1)shall govern the conduct of the award of tenders andrelated matters and shall be published in the Gazette.

(3) The Authority shall open every tender inpublic and indicate the parties to and contents of eachtender received.

PART VI

STAFF

25. The Board may—(a) employ such staff as is required by the

Authority for the proper administration ofits functions;

(b) fix qualifications, terms and conditions ofservice and salaries for its employees.

26. (1) A person who, on commencement of thissection, is a public officer appointed to an office listedin the Third Schedule, either by permanent ortemporary appointment, in which he has served for atleast two continuous years may, within three months ofthe date of commencement of this section exercise oneof the following options:

(a) voluntarily retire from the Public Serviceon terms and conditions as agreed betweenhim or his appropriate recognisedassociation and the Chief Personnel Officer;

(b) transfer to the Authority with the approvalof the Public Service Commission on termsand conditions no less favourable than thoseenjoyed by him in the Public Service; and

(c) remain in the Public Service.

(2) Where an officer exercises the option undersubsection (1)(b), the Authority shall employ the officeron terms and conditions that are no less favourablethan those that were enjoyed by him in the PublicService.

(3) Section 14 applies mutatis mutandis toofficers transferred under this section.

Board to employ staff

Options availableto public officers

Third Schedule

480 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

27. (1) The Authority may employ any person, toperform such tasks that the Authority considersnecessary for the due performance of its functions andexercise of its powers under this Act, on such terms andconditions as are agreed between the Authority and theperson and subject to such maximum limit ofremuneration as the Minister determines.

(2) Section 14 applies mutatis mutandis topersons employed by the Authority under this section.

28. (1) The Authority shall within two years of thedate of assent to this Act, establish a pension fundplan.

(2) All employees of the Authority shall bemembers of the pension fund plan.

29. The superannuation benefits which have accruedto a person who exercises the option under section26(1)(b) shall be preserved at the date of thisemployment by the Authority, and such person shallcontinue to accrue superannuation benefits under thePensions Act up to the date of commencement of theestablishment of the pension fund plan on the basis ofsalary applicable to the office which he heldimmediately prior to his employment by the Authority.

30. (1) Where an employee of the Authority who hadexercised the option referred to in section 26(1)(b) dies,retires or his post in the Authority is abolished or he isretrenched prior to the establishment of the pensionfund plan, and at the date of the death, retirement,abolition or retrenchment he was in receipt of a salaryhigher than that referred to in section 29, thesuperannuation benefits payable to the employee or hisestate shall be based on the higher salary.

Establishment ofpension fund plan

Preservation andaccrual ofsuperannuationbenefits

Payment ofsuperannuationbenefits by Authorityprior to theestablishment of thepension fund

Employment ofpersons for specifictasks

Chap. 23:52

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 481

(2) The difference between the superannuationbenefits payable on the basis of the higher salary andthose payable under the Pensions Act on the basis ofthe salary referred to in section 29, shall be paid by theAuthority.

31. (1) When an employee of the Authority who hadexercised the option referred to in section 26(1)(b) dies,retires or his post in the Authority is abolished or he isretrenched and he was a member of the pension fundplan, he or his estate shall be paid superannuationbenefits by the pension fund plan at an amount whichwhen combined with the superannuation benefitspayable under section 30 is equivalent to the benefitsbased on his pensionable service in the Public Servicecombined with his service in the Authority andcalculated at his salary applicable to him on the date ofhis death, retirement, abolition of his office orretrenchment.

(2) For the purposes of subsection (1) “salary” hasthe meaning given to it by the pension fund plan.

PART VII

MISCELLANEOUS

32. (1) Any scheme, contract, aviation document orresolution prepared, made, granted or approved by oron behalf of the Civil Aviation Division shall continueand be deemed to have been prepared, made, grantedor approved by the Authority pursuant to this Act.

(2) All obligations and liabilities of the CivilAviation Division immediately before the date of assentto the Act shall as from that date be the obligations andliabilities of the Authority and the Authority shall haveall the necessary powers to discharge them.

Transitional

Payment ofsuperannuationbenefits by pensionfund plan

482 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(3) Where anything has been commenced by or onbehalf of the Civil Aviation Division before the date ofassent of the Act, such thing may be carried on andcompleted under the authority of the Authority.

(4) In any written law and in any document,unless the context otherwise requires, any reference tothe Civil Aviation Division shall be construed as areference to the Authority.

(5) All duties and functions carried out by theDepartment of the Ministry responsible for CivilAviation immediately before the commencement of thisAct shall from the date of commencement be carried outby the Authority.

33. The Schedules may be amended by Order of theMinister, subject to negative resolution of Parliament.

FIRST SCHEDULE[Section 12(3)]

APPOINTMENT OF BOARD

1. (1) A member of the Board, other than the Director General,holds office for a term not exceeding three years specified in theinstrument of appointment and is eligible for reappointment.

(2) No member of the Board, other than the Director Generalshall hold office for more than two consecutive terms.

(3) The performance of the functions or the exercise of thepowers of the Board is not affected by reason only of there being avacancy in the membership of the Board.

(4) The appointment of a person is not invalidated and shallnot be called into question by reason of a defect or proceduralirregularity in, or in connection with, his appointment.

(5) The performance of the functions or the exercise of thepowers of the Board is not affected by reason only that—

(a) there is a vacancy in the office of the Chairman orDirector General; or

(b) the number of persons appointed under paragraph (1)falls below five for no longer than two months.

Amendment toSchedules

Tenure andconditions of office

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 483

(6) A member who is absent without leave for threeconsecutive meetings of the Board is deemed to have resigned hismembership of the Board.

(7) Where the President revokes the appointment of amember or the membership is terminated by death or resignation,that revocation or termination shall be notified in the Gazette.

2. (1) The Minister may appoint a person who is not a memberof the Board to act as a member—

(a) during a vacancy in the office of a member whetheror not an appointment has previously been made tothe office; or

(b) during the period when a member is absent fromduty or from Trinidad and Tobago or is, for anyreason (including the reason that a member isacting as Chairman), unable to perform the duties ofthe office of member, and a person appointed to actduring a vacancy shall not continue to act for morethan six months.

(2) An appointment of that person may be expressed to haveeffect only in such circumstances as are specified in theinstrument of appointment.

(3) The Minister may—

(a) determine the terms and conditions of appointment,including remuneration and allowances in respect ofa person appointed to act under subparagraph (1); and

(b) terminate such an appointment at any time.

(4) Where a person is acting in an office under paragraph (l)(b)and the office becomes vacant while the person is so acting, thatperson may continue so to act until the Minister otherwise directs,the vacancy is filled or a period of six months from the date onwhich the vacancy occurred expires, whichever occurs first.

3. The Board shall pay its members such remuneration andallowances as approved by the Minister.

4. The Chairman may excuse a member from attending ameeting of the Board.

5. (1) The Chairman may resign by instrument in writingaddressed to the President, through the Minister.

Acting members

Remuneration ofmembers of Board

Leave of absence

Resignation ofChairman andmembers

484 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

(2) A member, other than the Chairman and the DirectorGeneral, may resign by instrument in writing addressed to theChairman, who shall cause it to be forwarded to the Presidentthrough the Minister.

(3) The Director General may resign by instrument in writingaddressed to the Board.

SECOND SCHEDULE[Section 12(4)]

CONDUCT OF PROCEEDINGS

1. The Chairman or, if for any reason the Chairman is unableto act, Deputy Chairman—

(a) shall, not less than once every two monthsconvene such meetings of the Board as arenecessary for the efficient conduct of its functions;and

(b) shall, on receipt of a written request signed by notfewer than four members, convene a meeting of theBoard.

2. The Minister may at any time convene a meeting of theBoard by written notice to the Chairman.

3. The quorum of a meeting of the Board is five members.

4. (1) The Chairman shall preside at all meetings of the Boardat which he is present.

(2) In the event of the absence of the Chairman from ameeting of the Board, the Deputy Chairman shall preside at themeeting.

(3) In the event of the absence of both the Chairman and theDeputy Chairman from a meeting of the Board, the memberspresent shall elect one of their number to preside at that meeting.

(4) All questions arising at a meeting of the Board shall bedecided by a majority of the votes of the members present andvoting, including the member presiding.

(5) In the event of an equality of votes on a resolutionproposed at a meeting of the Board, the resolution shall be taken

Meeting of Board

Convening ofmeeting

Quorum

Procedure atmeetings

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 485

not to be passed but if the same resolution is proposed at the firstmeeting of the Board held after the date of that first mentionedmeeting and there is again an equality of votes, the memberpresiding has a casting vote on the resolution.

(6) The Board may by resolution, determine the conduct ofproceedings of meetings.

(7) The Board shall provide a signed and confirmed copy ofthe minutes to the Minister within one week of a meeting.

THIRD SCHEDULE(Section 26)

OFFICES IN THE PUBLIC SERVICE ON ESTABLISHMENT OF THE

CIVIL AVIATION DIVISION

Director of Civil AviationDeputy Director of Civil AviationAssistant Director of Civil AviationAir Traffic Service InstructorAirworthiness InspectorAir Traffic Controller IVChief InstructorInstructor’s Aide, Air Traffic ServicesAdministrative Officer IVAir Traffic Controller IIIAir Traffic Controller IIAir Traffic Controller IAir Traffic Controller AssistantFlight Operations/Licencing OfficerAdministrative AssistantClerk IVClerk IIIClerk IIClerk IClerk Stenographer IIIClerk Stenographer IIClerk Stenographer I Clerk Typist I Male Airport Attendant III Storekeeper I Male Airport Attendant II Female Airport Attendant II Automotive Mechanic

486 No. 33 Trinidad and Tobago Civil Aviation Authority 2000

Motor Vehicle DriverAccounting Assistant Male Airport Attendant I Female Airport Attendant IMessenger I Electronics EngineerTelecommunications and Electronics Technician IIITelecommunications and Electronics Technician IITelecommunications and Electronics Technician IAir Traffic Radar Systems Manager Electronic Maintenance Engineer

Passed in the Senate this 2nd day of May, 2000.

D. DOLLYActing Clerk of the Senate

Passed in the House of Representatives this 11th dayof May, 2000.

J. SAMPSON-JACENTClerk of the House

House of Representatives amendments agreed to bythe Senate this 16th day of May, 2000.

D. DOLLYActing Clerk of the Senate

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2000

No. 33 Trinidad and Tobago Civil Aviation Authority 2000 487