Air Navigation and Transport (Indemnities) Act 2005
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Charges. |
9.—(1) The Minister may recover from an air navigation undertaking in whose favour a Ministerial indemnity is granted or renewed a charge or charges to be fixed by the Minister with the approval of the Minister for Finance in respect of the granting or renewal of such an indemnity and an air navigation undertaking shall be obliged to pay to the Minister any such charges. | |
(2) The Minister may recover from an air navigation undertaking to whom a Ministerial indemnity is granted or renewed a charge or charges fixed by the Minister with the approval of the Minister for Finance in respect of the period of time (or any part of the period of time) between 23:59 Greenwich Mean Time on 16 June 2005 and the granting of a Ministerial indemnity pursuant to section 3 and which is referred to in section 8 (2) and the air navigation undertaking concerned shall pay to the Minister any such charges. | ||
(3) In fixing charges in respect of the grant or renewal of a Ministerial indemnity the Minister shall have due regard to the circumstances prevailing in relation to aviation insurance including— | ||
(a) any directions or guidelines issued by the Commission of the European Communities, | ||
(b) the premium charged by insurers for similar indemnity cover relating to the specified risks, | ||
(c) the premium payable to the insurer of the air navigation undertaking concerned by that undertaking in respect of the specified risks at any time prior to or after the making of an order of the Government under section 2 , and | ||
(d) the level of risk of a claim arising in respect of the Ministerial indemnity to which the application for such indemnity relates. | ||
(4) The Minister may recover, as a simple contract debt in any court of competent jurisdiction, from the recipient of the Ministerial indemnity, any amount due and owing to the Minister under this Act. |