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(5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a director of the Company or an officer or servant of the Company.

5. A scheme made by the Company for the payment of super- Restriction on annuation benefits to or in respect of the officers or servants of the making of superannuation Company shall not be valid unless made with the consent of the scheme. Minister given with the concurrence of the Minister for Finance.

ISRAEL

PRELIMINARY

The Ministry of Transport and Communications, Legal Advisor's Office, of Israel, informed the editor, in regard to aviation laws in force, as follows:

The Israeli Parliament has adopted in 1950, the Aviation Law 1950 (Sefer Hahukim No. 33 dated 6.2.50, page 73).

The said law contains various amendments to the Palestine Mandatory Aviation Law, namely the U.K. Air Navigation (Colonies, Protectorates and Mandated Territories) Order 1927.

The new law was destined to enable the application of the 1927 law in Israel and to amend it so as to adapt it to the needs of the State of Israel and to the new international instrument governing the subject.

The 1927 Law as so amended has been sufficient to cover current activities of the Civil Aviation authorities in Israel.

A special commission of experts is about to be set up in the near future by the Minister of Transport and Communications for the preparation of a new basic Civil Aviation Law.

This Ministry has prepared a new law governing Carriage by Air, based upon the 1929 Warsaw Convention and the 1955 Hague Protocol. The new law will govern both international and internal carriage. This law is to replace the Carriage By Air (Colonies, Protectorates and Mandated Territories) Order, 1934 (Palestine Gazette No. 511 of 9.5.1935), which gave effect in Palestine to the 1929 Warsaw Convention.

As regards technical regulations, we had the advantage of advice. of the ICAO Technical Assistance Mission for the working out of new sets of regulations concerning:

(a) Licensing of aviation personnel.

(b) Airworthiness of aircraft.

These regulations have been prepared by this office and were considered and approved by a committee composed of experts in aviation from amongst the Israeli Aviation companies, The Israeli Aircraft Maintenance Institute and the Israeli Aviation Authorities. The licensing of personnel regulations have been duly published in the State's Official Gazette (Kovetz Hatakanot No. 615 of the 18.6.1956).

The airworthiness regulations were given effect to, on an administrative basis, by the Director of Civil Aviation and after an experimental period of administrative application, they will be duly promulgated.

There was no need for a new basic law to give a legal basis to those regulations; the existing law, as supplemented in 1950 was sufficient in this respect.

There are various other regulations promulgated by the Minister of Transport and Communications, such as the Civil Aviation Regulations (Licensing of Air Transport Services), 1956 (Kovetz Hatakanot No. 624 of 26.7.1956) and also the Civil Aviation Regulations (Fees), 1956 (Kovetz Hatakanot No. 624 of 26.7.1956).

No. 14

AIR NAVIGATION (AMENDMENT) LAW, 5710—1950*

1. The Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 19271), shall henceforward be referred to, and that title, wherever appearing, shall henceforward be read, as "the Air Navigation Law, 1927".

2. The Air Navigation Law, 1927, shall be amended as follows:

(a) The expression "Order" shall, wherever appearing, be replaced by the
expression "Law".

(b) The words "British sircraft" or "British aircraft registered in the Col-
ony" shall, wherever appearing, be replaced by the words "Israel aircraft".
(c) The words,"a licensed aerodrome, a Royal Air Force aerodrome, an aero-
drome under the control of the Secretary of State for Air or the Governor"
shall, wherever appearing, be replaced by the words "an aerodrome".
(d) Paragraph (2) of article 2 shall be replaced by the following paragraph:

**(2) "Israel aircraft" means aircraft registered in the State in accordance
with this Law".

(e) Subparagraph (b) of article 8 shall be replaced by the following sub-
paragraph:

"(b)to all foreign aircraft when such aircraft are in or over the State;"· In article 5

1

(1) condition (iv) specified in paragraph (1) shall be deleted;
(2) proviso (a) shall be replaced by the following proviso:

"(a) Condition (i) shall not apply to Israel aircraft, and shall not
apply to the aircarft of a state with which a convention relating to
air navigation entered into by or on behalf if the State is for the
time being in force, so long as the conditions of the convention are
complied with by such state.".

(g) Articles 6, 8, 8A, 8B and shall be repealed.

(h) The following article shall be inserted after article 7:

"Place of departure and landing of aircraft.

8. An aircraft shall not depart or land within the area of the
State except on an aerodrome approved by the Minister of Com-
munications as an aerodrome for the category of aircraft to which
such aircraft belongs.".

(1) The word "licensed" in proviso (i) to article 10(2) shall be deleted.
(1) Article 19 shall be replaced by the following article:

"Prohibited carriage.

19. A foreign aircraft or an aircraft engaged in international
navigation shall not carry explosives of war, arms of war, or
munitions of war, except for use in signalling in accordance with
the provisions of Schedule IV.".

́(k)` Article 22A shall be repealed.

Passed by the-Knesset on the 13th Bhevat, 5710 (31st January, 1950) and published in Sefer Ha-Chukkim No. 33 of the 19th Shevat, 5710 (6th February, 1950) p. 73; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 26 of the 20th Kislev, 5710 (11th December, 1949) p. 31.

1) Laws of Palestine vol. III, p. 2411 (English Edition).

Change of title.

Amendment of Air Navigation Law, 1927.

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(1) subparagraph (i) shall be replaced by the following subparagraph:
"(i) for the reason only of non-compliance with condition (iv) spe
cified in paragraph (1) of article 4, or so much of condition (v) spe-
cified in paragraph (1) of article 5 as requires certificates of air-
worthiness to be carried in aircraft, or";

(2) the words "paragraphs (1) and (2) of Article 8" in subparagraph (ii)
shall be deleted.

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(1) the words "or the licence of any aerodrome in the Colony" in paragraph (1) shall be deleted;

(2) paragraph (4) shall be deleted;

(3) the words "or liable to be suspended under paragraph (4) of this article" in paragraph (5) shall be deleted.

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(1) the definition of "Aerodrome" shall be replaced by the following definition:

****Aerodrome" means any ground or water area held and administered by the State and intended to be used, either wholly or in part, for the departure or landing of aircraft;";

(2) the definitions of "Proprietor of an aerodrome" and "Licensed aerodrome" shall be deleted.

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(1) paragraph 1 shall be replaced by the following paragraph:

"1. The Minister of Communications may establish a Registry of Aircraft and may appoint an officer to act as Registrar of Aircraft (hereinafter referred to as "the Registrar').";

(2) paragraph 2 shall be replaced by the following paragraph:

2. (1) An aircraft shall not be registered in the State unless

(a) its ordinary base is situate in the State;

(b) it is owned wholly either

(i) by a resident;or

(ii) by a company or corporation founded and duly registered in the State, the principal place of business of which is in the State and at least two-thirds of the directors of which are residents, and which is both nominally and actually controlled by residents;

(c) the Minister of Communications has permitted such registration in writing;

provided that the Minister of Communications may direct the registration of an aircraft in the State even where the conditions spe cified in this subparagraph are not fulfilled, if he is satisfied that the registration is required in the public interest.

(2) The Minister of Communications may grant, refuse to grant and withdraw a permission under subparagraph 1(c), and may also attach conditions to such a permission and add to and vary all or any of such conditions.

(3) An aircraft shall not remain registered in the name of a natural or juristic person no longer fulfilling the conditions specified

in subparagraph (1) or a condition attached by the Minister of Communications to a permission under this paragraph.

(4) "Resident", for the purposes of this paragraph, means a person who has been a permanent resident of the State since the 5th Iyar, 5708 (14th May, 1948) or who entered the State legally after the said date and has on the date of submission of his applics. tion been a permanent resident of the State for at least three months.";

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(i) the words "the Secretary of State for Air" shall, wherever appear
ing, be replaced by the words "the Minister of Communications";
(ii) subparagraph (2) shall be replaced by the following subparagraph:

(2) If the Registrar has doubts as to whether an appliaction is
in order and complies with all the conditions as aforesaid, he shall
refer the matter to the Minister of Communications,,who may
at his discretion order or prohibit registration.";

(4) paragraphs 5 and 9 shall be repealed;

(5) in the tenth paragraph, the words "the Air Ministry" shall be replaced by the words "the Minister of Communications";

(6) paragraph 14 shall be replaced by the following paragraph:

"14. The nationality and registration marks of an aircraft shall be such as the Registrar may prescribe.".

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(i) the words "which the Minister of Communications or a person appointed by him in that behalf has at his discretion" shall be inserted between the words "certificate of airworthiness" and the words "validated or issued";

(ii) the following sentence shall be added at the end:

"A certificate of airworthiness shall be validated or issued in sc cordance with such conditions and directions as the Minister of Communications may from time to time prescribe.";

(2) in the second paragraph

(i) the words "in any other part of His Majesty's dominions or" shall be deleted;

(ii) the words "on behalf of His Majesty" shall be replaced by the words on behalf of the State";

(iii) the words "over British territory" shall be replaced by the words "over the area of the State";

(3) paragraph 3 shall be repealed.

(q) In Schedule V, the words "in any other part of His Majesty's dominions or" in paragraph 2(1)(b) shall be deleted.

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