Civil Aviation (Amendment)Act 1982 (repealed)

Increase of financial limit of British Airports Authority.

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Increase of financial limit of British Airways Board.

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Application of financial limit of British Airways Board to foreign currency borrowings.

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Pre-consolidation amendments of Civil Aviation Acts.

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Short title and extent.

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SCHEDULES 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to extend enactments relating to civil aviation outside the United Kingdom

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• (1) Section 30 of the Civil Aviation Act 1980 (power to extend Act outside the United Kingdom) shall apply, as it applies to that Act, to—

• (a) the Act of 1949 ;

• (b) the Civil Aviation (Eurocontrol) Act 1962 ;

• (c) the Tokyo Convention Act 1967 (except section 4) ;

• (d) sections 16 and 17 of the Civil Aviation Act 1968 ;

• (e) the Act of 1971 ; and

• (f) the Civil Aviation Act 1978.

• (2) Accordingly, sections 66 and 67 of the Act of 1949, section 9 of the said Act of 1962, sections 16(3) and 17(3) of the said Act of 1968, paragraph (a) of section 66(1) of the Act of 1971 and subsections (4) and (5)(b) of section 16 of the said Act of 1978 shall cease to have effect; and section 8 of the said Act of 1967 shall apply only in relation to the said section 4.

• (3) The preceding provisions of this paragraph shall not affect the law in force in any country or territory which is outside the United Kingdom and is not a relevant overseas territory for the purposes of subsection (1) of section 30 of the Civil Aviation Act 1980.

Criminal penalties in Northern Ireland

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• (1) There shall be no limit to the amount of the fine which may be imposed in Northern Ireland on conviction on indictment of an offence against an order under section 25 of the Act of 1949 (power to prohibit or restrict use of civil aerodromes).

• (2) The maximum fine which may be imposed in Northern Ireland on summary conviction of an offence under section 38 of the Act of 1949 (trespassing on licensed aerodromes) shall be £25 and on summary conviction of an offence under section 29(2) or 55(1) of that Act (obstruction and contravention of provision about registration of births and deaths) shall be £50.

• (3) Paragraph (e) of section 26(2) of the Act of 1971 (regulation of provision of accommodation on aircraft) shall have effect in Northern Ireland as if the maximum fine on summary conviction which may be provided for in pursuance of that paragraph were a fine of the statutory maximum.

• (4) The maximum fine which may be imposed in Northern Ireland on summary conviction of any offence to which this sub-paragraph applies shall be a fine of the statutory maximum.

• (5) Sub-paragraph (4) above applies to the following offences, that is to say—

• (a) an offence against an order under section 25 of the Act of 1949 ;

• (b) an offence under section 6(3) or (4) of the Civil Aviation (Eurocontrol) Act 1962 (furnishing false particulars or certifying a false document) ;

• (c) an offence under subsection (5) or (7) of section 21 of the Act of 1971 (restriction of unlicensed carriage for reward);

• (d) an offence under section 24(7) of the Act of 1971 (furnishing false information);

• (e) any offence falling within section 35(4)(b) of the Act of 1971 (furnishing false information) ; and

• (f) an offence under section 36(3) of the Act of 1971 (disclosing confidential information).

• (6) In this paragraph " the statutory maximum " means the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money); and for the purposes of this paragraph the provisions of the said Act of 1980 which relate to that sum shall extend to Northern Ireland.

Incidental, supplementary and transitional provisions

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• (1) Any power to which this paragraph applies shall include power to make such incidental, supplementary or transitional provision as the authority exercising the power thinks fit.

• (2) This paragraph applies to the following powers, that is to say—

• (a) the power to make an Order in Council under any enactment to which Part VI of the Act of 1949 applies or under that Part of that Act;

• (b) any power to make regulations conferred by the Civil Aviation (Licensing) Act 1960;

• (c) the power to make regulations under section 4 of the Civil Aviation (Eurocontrol) Act 1962 (charges for air navigation services, etc.) ;

• (d) any power to make an order under section 3(4), 6(5) or 14(10) of the Civil Aviation Act 1968 (power to repeal local enactments);

• (e) any power to make an Order in Council under section 16 or 17 of the said Act of 1968 (mortgaging of and other rights in aircraft);

• (f) any power to make an order or to make regulations which is conferred on the Secretary of State by the Act of 1971 (excluding section 15);

• (g) any power conferred by the Civil Aviation Act 1978 to make an order or to make regulations ; and

• (h) the power to make an Order in Council under section 30 of the Civil Aviation Act 1980.

Amendments of the Civil Aviation Act 1949

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• (1) In section 8 of the Act of 1949 (Air Navigation Orders)—

• (a) in subsection (4), for the words from " thereof " to " taking " there shall be substituted the words "thereof, provide—

(a) subject to subsection (4A) of this section, for persons to be guilty of offences in such circumstances as may be specified in the Order and to be liable on conviction of those offences to such penalties as may be so specified; and (b) in the case of a provision having effect by virtue of paragraph (1) of subsection (2) of this section, for the taking ; and

• (b) after subsection (4) there shall be inserted the following subsections—

(4A) The power conferred by virtue of subsection (4)(a) of this section shall not include power— (a) to provide for offences to be triable only on indictment; (b) to authorise the imposition, on summary conviction of any offence, of any term of imprisonment or of a fine exceeding the statutory maximum ; (c) to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years. (4B) In subsection (4A) above' the statutory maximum' means— (a) in England and Wales and Northern Ireland, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money); and (b) in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (that is to say, £1,000 or another sum fixed by order under section 289D of that Act for that purpose); and for the purposes of the application of this definition in Northern Ireland the provisions of the Magistrates' Courts Act 1980 which relate to the sum mentioned in paragraph (a) above shall extend to Northern Ireland.

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• (2) For the purposes of any Order in Council made at any time before the coming into force of sub-paragraph (1) above, it is hereby declared that at all material times the power conferred by virtue of subsection (4) of the said section 8 has included power to provide—

• (a) for offences triable only summarily ; and

• (b) for maximum fines and maximum periods of imprisonment of less than the maximums specified in that subsection.

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In section 9 of the Act of 1949 (control of aviation in time of war or emergency)—

• (a) in subsection (1), for the words " this Act" there shall be substituted the words " any enactment relating to civil aviation "; and

• (b) in subsection (3), for the words from " principles " to " shall, with" there shall be substituted the words " principles of the Land Compensation Act shall, with " and at the end of that subsection there shall be added the words—

In this subsection ' the Land Compensation Act'— (a) in relation to England and Wales, means the Land Compensation Act 1961 ; (b) in relation to Scotland, means the Land Compensation (Scotland) Act 1963 ; and (c) in relation to Northern Ireland, means the Acquisition of Land (Assessment of Compensation) Act 1919.

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In section 10 of the Act of 1949 (investigation of accidents), in subsection (2)(d). the words " this Part of this Act or " shall be omitted, and after the word " licence ",

in the second and third places where it occurs, there shall be inserted the words " or certificate ".

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Subsections (6) and (8) of section 19 of the Act of 1949 (power of local authority to appropriate and dispose of land and to borrow for the purposes of section 19) shall cease to have effect.

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In section 23 of the Act of 1949—

• (a) subsection (1) (which confers power on the Secretary of State to acquire land under the Military Lands Acts for civil aviation purposes) shall cease to have effect; and

• (b) in subsection (7) (enforcement of certain rights in land), the words from " This subsection shall" onwards shall be omitted; and

• (c) subsections (8), (9) and (10) (which provide for the application of certain enactments to land vested in the Secretary of State) shall cease to have effect.

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In section 28 of the Act of 1949 (power to stop up and divert highway)—

• (a) in paragraph (a) of subsection (7) (Scottish adaptations), for the words " county or town " there shall be substituted the words " regional, islands or district ";

• (b) in paragraph (d) of subsection (8) (Northern Irish adaptations), for the words " the said subsection " and the words " the said Act" there shall be substituted respectively the words " the said Article 53 " and the words " the said Order ".

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Subsections (2) and (6) of section 31 of the Act of 1949 (which relate to displacements from land in Northern Ireland) shall cease to have effect.

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In subsection (5)(a) of section 33 of the Act of 1949 (registration of certain rights and instruments in Northern Ireland)—

• (a) for the words " Local Registration of Title (Ireland) Act 1891 " there shall be substituted the words " Land Registration Act (Northern Ireland) 1970 "; and

• (b) the words " under subsection (2) of section eighty-one of the said Act" shall be omitted.

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Section 36 of the Act of 1949 (which provides for the compensation of officers in connection with the acquisition of an aerodrome by the Secretary of State) shall cease to have effect.

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In subsection (1) of section 40 of the Act of 1949 (liability for trespass, etc.), for the words from " Part II and" onwards there shall be substituted the words " any Orders in Council under section 8 of this Act and of any orders under section 9 of this Act are duly complied with and there has been no breach of section 11 of this Act ".

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In section 55 of the Act of 1949 (registration of births and deaths on aircraft), in subsections (1)(a) and (9)(a) for the words " Great Britain and Northern Ireland" there shall be substituted the words " the United Kingdom ".

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After section 62 of the Act of 1949 there shall be inserted the following section—

(62A) (1) Where an offence under section 24(8), 25(4), 29(2) or 55 of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

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16

In section 63(1) of the Act of 1949 (interpretation)—

• (a) for the definition of " land " there shall be substituted the following definition—

• ' land ' has the same meaning as, by virtue of Schedule 1 and paragraph 4 of Schedule 2 to the Interpretation Act 1978, it has in an Act passed on or after 1st January 1979 ;

• (b) in the definition of " local authority " at the end there shall be inserted the words " and, in relation to Northern Ireland, a district council established under the Local Government Act (Northern Ireland) 1972 ";

• (c) before the definition of " owner " there shall be inserted the following definitions—

• ' modifications ' includes additions, omissions and amendments, and ' modify' shall be construed accordingly ;
• ' operator', in relation to an aircraft, has the same meaning as in the Civil Aviation Act 1971 ;

and

• (d) the definition of "purposes of civil aviation" shall be omitted.

17

For subsection (4) of section 65 of the Act of 1949 (modification of references to Lands Tribunal in application of Act to Northern Ireland) there shall be substituted the following subsection—

(4) In the application of this Act to Northern Ireland any reference to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Northern Ireland.

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18

In paragraph 9 of Schedule 1 to the Act of 1949 (application of provisions relating to land compensation), for the words from " provisions " onwards there shall be substituted the words

provisions of the Land Compensation Act shall have effect accordingly. In this paragraph ' the Land Compensation Act'— (a) in relation to England and Wales, means the Land Compensation Act 1961 ; (b) in relation to Scotland, means the Land Compensation (Scotland) Act 1963 ; and (c) in relation to Northern Ireland, means the Acquisition of Land (Assessment of Compensation) Act 1919.

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19

In sub-paragraph (6) of paragraph 2 of Schedule 4 to the Act of 1949 (power to apply certain provisions), the words from " including " onwards shall be omitted.

20

In paragraph 2 of Schedule 8 to the Act of 1949 (fixing etc. of security in respect of patent claim involving a detained aircraft), for the words from " fixed " onwards there shall be substituted the words " fixed by the Secretary of State or some person duly authorised on his behalf ; and payment thereof shall be made or secured to the Secretary of State in such manner as the Secretary of State shall approve. ".

21

In paragraph 1(2) of Schedule 11 to the Act of 1949 (modifications of section 143 of the Public Health Act 1936 in relation to the Secretary of State's aerodromes), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) in subsection (1) the proviso shall be omitted ; (b) in subsection (3) for the words from ' shall specify' to ' executed' there shall be substituted the words ' may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State' and paragraphs (i) and (ii) of the proviso shall be omitted ; and (c) in subsection (4) for the words ' Authorised officers of any such authority' there shall be substituted the words ' Officers designated as aforesaid'.

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Amendment of the Civil Aviation (Licensing) Act 1960

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In section 6 of the Civil Aviation (Licensing) Act 1960, for the words from " In this subsection" in subsection (6) (offences committed by bodies corporate) to the end of that subsection there shall be substituted the following subsection—

(6A) Where the affairs of a body corporate are managed by its members the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

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Amendments of the Civil Aviation (Eurocontrol) Act 1962

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In paragraph (c) of section 6(2) of the Civil Aviation (Euro-control) Act 1962 (duty not to disclose certain information except in specified circumstances), for the words from " this Act" onwards there shall be substituted the words " the said section 4, of proceedings brought by virtue of section 7(3)(b) of this Act or of any criminal proceedings whether or not arising out of this Act; or ".

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In section 8(1) of the said Act of 1962 (interpretation), for the definition of " navigation services " there shall be substituted the following definitions—

• ' land' has the same meaning as, by virtue of Schedule 1 and paragraph 4 of Schedule 2 to the Interpretation Act 1978, it has in any Act passed on or after 1st January 1979 ;
• ' navigation services' means any air navigation services within the meaning of the Civil Aviation Act 1971 ;

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Amendments of the Tokyo Convention Act 1967

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In section 5(1)(b) of the Tokyo Convention Act 1967 (admissibility in evidence of depositions made outside the United Kingdom), for the words from "which is" to "jurisdiction" there shall be substituted the words " which was part of Her Majesty's dominions at the time the deposition was made or in which Her Majesty had jurisdiction at that time ".

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In subsection (1) of section 6 of the said Act of 1967 (evidential effect of certain documents and records)—

• (a) in paragraph (a)(ii), the words " or this Act" shall be omitted; and

• (b) at the end there shall be inserted the words—

• In this subsection ' record ' has the same meaning as in the Civil Aviation (Eurocontrol) Act 1962.

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In section 7(1) of the said Act of 1967 (interpretation), after the definition of "military aircraft" there shall be inserted the following definition—

• ' modifications' includes additions, omissions and amendments ;

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Amendments of the Civil Aviation Act 1968

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In section 14(5)(a) of the Civil Aviation Act 1968 (application of proceeds of sale of aircraft sold for unpaid airport charges), for the words " purchase tax" there shall be substituted the words " value added tax ".

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