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Civil Aviation Act 1990

Rules

31: Power of Director to make emergency rules

You could also call this:

“The Director can make quick safety rules in emergencies”

The Director can make emergency rules to help stop people from dying or getting badly hurt, or to stop property from being damaged. They can only do this when it’s not possible for the Minister to make regular rules quickly enough to deal with the problem.

The Minister can cancel any emergency rules the Director makes. These emergency rules and any cancellations are a special kind of law called secondary legislation.

Sometimes, the Director doesn’t have to publish these emergency rules for everyone to see. Instead, they can give copies to the people they think need to know about them. When this happens, the rules start working for those people as soon as they get their copy, even if no one else knows about the rules yet.

The Director can choose how to give these rules to people. They can do it in whatever way they think is best.

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Topics:
Transport and travel > Air travel
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Part 3 Rules

31Power of Director to make emergency rules

  1. Subject to subsection (2), the Director may from time to time, in accordance with section 35, make such emergency rules as may be necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property.

  2. The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned.

  3. The Minister may revoke any emergency rule made under subsection (1).

  4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

  5. emergency rules under subsection (1):
    1. a revocation under subsection (3).

      1. If, under the Legislation Act 2019, an emergency rule or revocation is not required to be published, the Director must serve a copy of it on the persons (if any) whom the Director considers appropriate.

      2. If subsection (5) applies to an emergency rule or revocation,—

      3. the Director may serve a copy of it on the persons (if any) who the Director considers appropriate; and
        1. it comes into force in relation to that person immediately after it is served on the person (even though it is not published).

          1. Service under subsection (5) may be effected in any way the Director considers appropriate.

          Notes
          • Section 31(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 31(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 31(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 31(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 31(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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