Legalize / United Kingdom / Public General Act

Civil Aviation Act 1982

Type Public General Act

Publication 1982-05-27

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(2) In this section “relevant right” means any right, whether in perpetuity or for any other period and whether or not capable of subsisting as a legal estate (or, in Scotland, as an estate), in or in relation to land, including the following rights, that is to say—

(a) right to enter upon that land;

(b) a right to carry out and maintain works on that land;

(d) a right restrictive of the user of that land.

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(1) The Secretary of State may make an order under this section if he is satisfied that it is expedient to do so in order—

(a) to secure the safe and efficient use for civil aviation purposes of any land which is vested in a relevant authority or which such an authority proposes to acquire; or

(b) to secure the provision of any services required in relation to any such land; or

(2) Such an order may provide for the creation—

(a) if it is made by virtue of paragraph (a) or (b) of subsection (1) above, in favour of the relevant authority in question or, where that authority is Eurocontrol, either of Eurocontrol or of the Secretary of State, or

(b) if it is made by virtue of paragraph (c) of that subsection, in favour of the Secretary of State,

of easements or servitudes over land or of other rights in or in relation to land, including rights to carry out and maintain works on any land and to install and maintain structures and apparatus on, under, over or across any land.

(3) Any such order may contain such consequential, incidental and supplemental provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order, including, in particular, provisions for authorising persons to enter upon land for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus.

(4) Subject to subsection (5) below, no person shall, in the exercise of a power conferred by any such order, enter upon land which is occupied, unless, not less than seven days before the day upon which the entry is made, there has been served upon the occupier of the land a notice—

(a) stating that an entry will be made upon the land upon that day in the exercise of powers conferred by the order; and

(b) specifying the purposes for which the entry will be made.

(5) Nothing in subsection (4) above shall restrict the right of any person to enter upon land in a case of emergency or for the purpose of performing any functions which are required to be performed from time to time in connection with the maintenance or use of any works, structures or apparatus.

(6) Where any land is damaged in the exercise of any power of entry conferred by any such order, then—

(a) if the relevant authority in whose favour the order was made is the Secretary of State or Eurocontrol, the Secretary of State, . . .

(b) if the relevant authority in whose favour the order was made is the CAA, the CAA, and

(7) The ownership of anything shall not be affected by reason only that it is placed on or under, or affixed, to, any land in pursuance of any such order.

(7A) So long as any such order is in force, no person shall, except with the necessary consent, wilfully interfere—

(a) with any works carried out on any land in pursuance of the order, or

(b) with anything installed on, under, over or across any land in pursuance of the order.

(7B) The necessary consent is—

(a) if the relevant authority in whose favour the order is made is the Secretary of State or Eurocontrol, the consent of the Secretary of State,

(b) if that relevant authority is the CAA , the consent of the Secretary of State or the CAA , and

(8) Subject to the special provisions of this Part of this Act relating to statutory undertakers, Schedule 7 to this Act shall have effect with respect to orders under this section.

(9) Where an order under this section provides for the creation of an easement or servitude over land held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any other right in or in relation to such land, then, if on a representation made to the Secretary of State before the expiration of the time within which objections to the order may be made the Secretary of State is satisfied that the easement, servitude or right could not be enjoyed without serious detriment to the carrying on of the undertaking, and certifies accordingly, the order shall be subject to special parliamentary procedure.

(10) If any person contravenes the provisions of subsection (7A) above he shall be liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £500 or to both; and every person who wilfully obstructs any person in the exercise of any power of entry conferred by an order under this section shall be liable, on summary conviction, to a fine not exceeding £100.

(11) Proceedings for an offence under this section shall not be instituted—

(a) in England and Wales, except by or with the consent of the Secretary of State or by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Secretary of State or by the Attorney General for Northern Ireland;

except that in England and Wales and in Northern Ireland such proceedings may be instituted by the CAA without such consent if the relevant authority in whose favour the order in question was made is the CAA.

(12) The following are relevant authorities for the purposes of this section, that is to say—

(a) the Secretary of State;

(b) Eurocontrol; . . .

(d) a licence holder;

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(1) Subject to subsection (2) below, the Secretary of State may by order impose such prohibitions or restrictions on the use of any area of land or water as a place for the arrival and departure of civil aircraft as he thinks expedient for the purpose of securing that aircraft may arrive and depart with safety at any aerodrome vested in him or under his control ....

(2) Nothing in subsection (1) above shall authorise the imposition of any such prohibition or restriction in relation to tidal waters beyond those of the territorial waters adjacent to the United Kingdom.

(3) Part I of Schedule 7 to this Act shall have effect in relation to any order made under this section other than an order for the imposition of prohibitions or restrictions on the use of water; and in the case of an order for the imposition of prohibitions or restrictions on the use of water the Secretary of State—

(a) shall, before making the order, publish notice of his intention to make the order in such manner as he thinks best calculated to bring his intention to the notice of persons who will be affected thereby; and

(b) shall, immediately after the order has been made, publish in one or more newspapers circulating in the locality to which the order relates a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours, and shall serve a like notice upon any person who in his opinion will be affected thereby.

(4) Part II of Schedule 7 to this Act and Schedule 8 to this Act shall have effect with respect to orders under this section; but where any aerodrome was first established as such after 31st July 1946 no compensation shall be payable by reason of the imposition under this section of prohibitions or restrictions upon the use of that aerodrome unless it was so established with the consent of the Secretary of State.

(5) Any person who contravenes the provisions of any order under this section shall be liable in respect of each offence—

(a) on summary conviction to a fine which shall not exceed the statutory maximum or to imprisonment for a term not exceeding three months or to both; and

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.

(6) Any offence against any order under this section committed on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom which is within the ordinary jurisdiction of such a court; but nothing in this subsection shall in its application to Scotland be construed as conferring jurisdiction on any court of summary jurisdiction other than the sheriff court.

(7) Proceedings for an offence against any order under this section shall not be instituted—

(a) in England and Wales, except by or with the consent of the Secretary of State or by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Secretary of State or by the Attorney General for Northern Ireland;

...

(8) In this section “aerodrome” includes part of an aerodrome; and, without prejudice to section 105(3) below, the reference in subsection (4) above to the Secretary of State shall, in relation to any time before the passing of this Act, have effect as a reference to whoever at that time was charged with exercising the functions which by virtue of this section are vested in the Secretary of State.

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(1) The Secretary of State may, if he is satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes (including the testing of aircraft designed for civil aviation) of any land, structures, works or apparatus vested in a relevant authority or which such an authority proposes to acquire or install, by order declare that any area of land specified in the order shall be subject to control by directions given in accordance with the provisions of this section; and in this Part of this Act that authority, in relation to the making of such an order, is referred to as the person in respect of whom the order is or, as the case may be, is to be made.

(2) Where an order under subsection (1) above is in force, the Secretary of State may, in pursuance of any general or special authority given by the order, give directions—

(a) for requiring the total or partial demolition of any building or structure within the area to which the order relates;

(b) for restricting the height of trees upon any land within the area, or for requiring any tree upon any such land to be cut down or reduced in height;

(d) for restricting the installation of cables, mains, sewers, pipes, wires or other apparatus upon, across, under or over any land within the area;

(e) for extinguishing, at the expiration of such period as may be determined by the directions, any subsisting right of installing or maintaining any such apparatus as aforesaid upon, across, under or over any land within the area;

(f) for requiring that, before the expiration of such period as may be determined by the directions, any such apparatus shall be removed from any land within the area.

(3) An order under subsection (1) above may contain such consequential, incidental and supplemental provisions, as appear to the Secretary of State to be necessary or expedient for the purposes of the order, including, in particular, provisions for empowering any person authorised for the purpose by the Secretary of State, to remove, pull down, cut down, or alter so as to being into conformity with the requirements of any directions given under the order, any building, structure, tree or apparatus which contravenes those requirements.

(4) An order under subsection (1) above, other than an order relating to land in Northern Ireland, shall be subject to special parliamentary procedure.

(5) Before making any order under this section, the Secretary of State shall consult every local authority within the area of which the whole or any part of the area of land to which the proposed order will relate is situated.

(6) Notwithstanding anything in section 2(1) of the Statutory Orders (Special Procedure) Act 1945, the duty of the Secretary of State to comply with the requirements of subsection (5) above in relation to England and Wales shall not excuse him from the duty of complying with the requirements of Schedule 1 to that Act.

(7) Subject to the special provisions of this Part of this Act relating to statutory undertakers, Schedule 9 to this Act shall have effect with respect to directions given under an order made under this section.

(8) The powers of the Secretary of State under this section shall not prejudice his power to acquire land for the purpose of securing the observance of any requirement or restriction which might have been imposed in relation to the land under this section.

(9) The Secretary of State may, after consultation with any local authority which appears to him to be concerned, by order repeal or amend any enactment in a local Act which appears to him to be unnecessary having regard to, or to be inconsistent with, the provisions of this Part of this Act relating to orders made or to be made under subsection (1) above in respect of a relevant authority falling with paragraph (d) of subsection (10) below.

(10) The following are relevant authorities for the purposes of this section, that is to say—

(a) the Secretary of State;

(b) Eurocontrol;

(d) the licensee of any aerodrome licensed under an Air Navigation Order;

(da) a person who holds a certificate under the Aerodromes Regulation authorising the operation of an aerodrome;

anda licence holder (within the meaning of section 105(1) below);

and in this section and in Schedule 9 to this Act, references to land, structures, works or apparatus vested in or proposed to be acquired or installed by a relevant authority shall include references to land, structures, works or apparatus occupied or, as the case may be, proposed to be occupied by Eurocontrol.

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(1) Subject to the provisions of this section, if the Secretary of State is satisfied with respect to any building, structure or erection in the vicinity of a licensed or authorised aerodrome that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building, structure or erection, he may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions—

(a) to execute, install, maintain, operate and, as occasion requires, to repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and

(b) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any such land as may be specified in the order.

(2) An order shall not be made under this section in relation to any building, structure or erection if it appears to the Secretary of State that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection.

(3) The Secretary of State shall, before making an order under this section—

(a) cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge; and

(b) take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order;

and at the end of that period the order may, subject to the provisions of this section, be made with such modifications (if any) of the original draft as the Secretary of State thinks proper.

(4) Every order under this section shall provide—

(a) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order, unless, at least fourteen days previously, the proprietor of the aerodrome to which the order relates has served in the manner specified in the order on the occupier of that land, and on every other person known by the proprietor to have an interest therein, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, as may be specified in or in accordance with the order; and

(b) that if, within fourteen days after service of the said notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Secretary of State;

and shall also provide for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any loss or damage which that person may suffer in consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Lord Chief Justice or, in Scotland, by a single arbiter appointed by the Lord President of the Court of Session.

(5) For the purposes of subsection (4) above, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of an order under this section, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or damage suffered in consequence of the order.

(6) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of an order under this section; and (subject to the provisions of subsection (8) below) so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed, in, on or over any land in pursuance of the order.

(7) If any person contravenes the provisions of subsection (6) above, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale or to both; and every person who wilfully obstructs a person in the exercise of any of the powers conferred by an order under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(8) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building, structure or erection if—

(a) notice of the doing of that work is given as soon as may be to the proprietor of the aerodrome; and

(b) the giving of warning of the presence of the building, structure or erection in the manner provided by any order under this section in force in relation thereto is not interrupted.

(9) The following provisions shall have effect, without prejudice to the general application of subsections (4) and (5) above, for the protection of statutory undertakers—

(a) any order made under this section affecting any property held by such undertakers for the purposes of their undertaking shall be so framed as to avoid interference with the proper carrying on of the undertaking;

(b) no person shall, except in a case of emergency, enter, in pursuance of such an order, upon any land held by such undertakers for the purposes of their undertaking, unless he has given to the undertakers at least three clear days’ notice of his intention so to do, and any person so entering on any such land shall comply with any reasonable directions given to him by or on behalf of the undertakers for preventing interference with the proper carrying on of the undertaking;

(c) if any such undertakers show that, by reason of the operation of such an order, they have been obliged to take special measures for the purpose of ensuring the safety of persons so entering on any such land or otherwise acting under the order in relation to any property of the undertakers, the amount of any expenses reasonably incurred by the undertakers in taking such measures shall be paid to them by the proprietor of the aerodrome to which the order relates, and any dispute as to whether any sum is payable under this paragraph, or as to the amount of any sum so payable, shall unless the parties otherwise agree, be referred for determination to a single arbitrator appointed by the Lord Chief Justice or, in Scotland, to a single arbiter appointed by the Lord President of the Court of Session.

(10) In this section—

“authorised aerodrome” means any aerodrome for the time being authorised to operate by a certificate under the Aerodromes Regulation, but does not include any premises belonging to the Secretary of State;

“licensed aerodrome” means any premises which, by virtue of an Air Navigation Order, are for the time being licensed as an aerodrome for public use, but does not include any premises belonging to the Secretary of State;

“proprietor of the aerodrome” means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises;

and nothing in section 104(1) below shall affect the construction of the references in the definitions of “authorised aerodrome” and “licensed aerodrome to premises belonging to the Secretary of State.

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(1) Subject to subsection (2) below, the Secretary of State may if he is satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes (including the testing of aircraft designed for civil aviation) of any land vested in the Secretary of State , the CAA or a licence holder, or of any land which the Secretary of State , the CAA or a licence holder proposes to acquire, by order authorise the stopping-up or diversion of any highway.

(2) The power conferred by subsection (1) above shall, in Northern Ireland, be exercisable by the Department of the Environment for Northern Ireland (in this section referred to as “the Department”) instead of by the Secretary of State, and notwithstanding anything in section 104(1) below, the reference in subsection (1) above to land which is vested in the Secretary of State or which the Secretary of State proposes to acquire shall include a reference to land which is vested in him, or which he proposes to acquire, as the case may be, in connection with the exercise of the following functions, that is to say—

(a) his functions under the Supply Powers Act 1975; and

(b) the related functions which by virtue of the Ministry of Supply (Transfer of Powers) (No. 1) Order 1939 became exercisable by the Minister of Supply and which have subsequently become vested in the Secretary of State.

(3) An order under subsection (1) above may provide for all or any of the following matters, that is to say—

(a) for securing the provision or improvement of any highway so far as the Secretary of State or, as the case may be, the Department thinks such provision or improvement necessary or desirable in consequence of any such stopping-up or diversion as aforesaid;

(b) for directing that any highway to be provided or improved in pursuance of the order shall—

(i) in England and Wales, be a highway which for the purposes of the Highways Act 1980 is maintainable at public expense;

(ii) in Scotland, be maintained and managed by a regional, islands or district council; and

(iii) in Northern Ireland be a public road within the meaning of the Roads (Northern Ireland) Order 1993;

(i) in England and Wales or Northern Ireland, the highway authority which is to be the highway authority for any highway to be provided or improved in pursuance of the order; and

(ii) in Scotland, the council which is to be responsible for the maintenance and management referred to in paragraph (b)(ii) above;

(d) for directing that any highway to be provided or improved in consequence of the stopping-up or diversion of a trunk road under the order shall itself be a trunk road for all or any of the purposes of the enactments relating to trunk roads;

(e) for the retention or removal of any cables, mains, sewers, pipes, wires or similar apparatus placed along, across, over or under any highway stopped up or diverted under the order, and for the extinguishment, modification or preservation of any rights as to the use or maintenance of that apparatus;

(f) if any highway is to be provided or improved under the order, for authorising or requiring the provision of any such apparatus as aforesaid along, across, over or under that highway, in lieu of any apparatus removed from a highway in pursuance of the order, and for conferring rights as to the use or maintenance of apparatus so provided;

(g) for requiring the Secretary of State or the department or any other specified authority or person—

(i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is ascribable to the doing of any such work; or

(ii) to repay, or to make contributions in respect of, any compensation paid by a highway authority in England and Wales or Scotland in respect of restrictions imposed under section 1 or 2 of the Restriction of Ribbon Department Act 1935 as respects any highway stopped up or diverted under the order.

(4) An order under subsection (1) above may contain such consequential, incidental and supplemental provisions as appear to the Secretary of State or, as the case may be, the Department to be necessary or expedient for the purposes of the order.

(5) An order under subsection (1) above shall, if made in respect of land in England and Wales or Scotland, be subject to special parliamentary procedure; and—

(a) if the order was made in respect of land in England and Wales, Schedule 1 to the Statutory Orders (Special Procedure) Act 1945 (which sets out the notices to be given and the other requirements to be complied with before an order is made), and

(b) if the order was made in respect of land in Scotland, section 2 of that Act (which contains comparable provision for Scotland), as that section applies by virtue of section 10 of that Act to Scotland,

shall apply in relation to the order, but in their application in relation thereto, shall have effect as if paragraph 1 of the said Schedule 1 or subsection (1) of the said section 2, as the case may be, included the provisions set out in subsection (6) below.

(6) The said provisions are provisions—

(a) requiring notice of the order as proposed to be made to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order;

(b) requiring notice of the order as proposed to be made to be sent to every local authority in whose area any highway to be stopped up or diverted under the order, or any highway to be provided or improved under the order, is or will be situated; and

(c) requiring notice of the order as proposed to be made to be served upon any water, gas electricity undertakers having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted under the order.

(7) In subsection (6) above—

(a) the reference in paragraph (b) to a local authority shall include a reference to a parish council in England, to a parish meeting of a parish in England not having a separate parish council, to a council of a community in Wales . . .; and

(b) the reference in paragraph (c) to electricity undertakers shall be deemed to include references to . . . the operator of an electronic communications code networkand

(c) the reference in paragraph (c) to water undertakers is a reference to the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Northern Ireland, a water or sewerage undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006) .

(8) The powers of the Secretary of State and of the Department under subsection (1) above shall include power to make an order authorising the stopping-up or diversion of any highway which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Secretary of State or the Department by any other enactment to authorise the stopping-up or diversion of a highway.

(9) The following provisions (which relate to telegraphic lines of British Telecommunications affected by the stopping-up, diversion or improvement of a highway), that is to say—

(a) in England and Wales, subsections (1) to (4) of section 256 of the Town and Country Planning Act 1990;

(b) in Scotland, subsections (1) and (2) of section 209 of the Town and Country Planning (Scotland) Act 1972; and

shall have effect as if references in those subsections to an order under section 247 of the said Act of 1990 and to an order under section 198 of the said Act of 1972 and in that paragraph to an order under Article 40 of the said Order of 1980 included references to an order made under subsection (1) above in relation to land which is vested in the CAA or a licence holderor which the CAA or a licence holder proposes to acquire.

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(1) The Secretary of State may be authorised to purchase land in Great Britain compulsorily for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 48(1) above or for any other purpose for which land is required in connection with such an order.

(2) The Acquisition of Land Act 1981 shall apply, in relation to land in England and Wales, to a compulsory purchase under subsection (1) above.

(3) The CAA’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the CAA or which the CAA proposes to acquire or for any other purpose for which land is required in connection with such an order.

(3A) A licence holder’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the licence holder or which the licence holder proposes to acquire or for any other purpose for which land is required in connection with such an order.

(4) The powers of compulsory acquisition of land exercisable by the Department of the Environment for Northern Ireland under Articles 110 and 113 of the Roads (Northern Ireland) Order 1993 shall include the power to acquire lands compulsorily in accordance with the provisions of that Article for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 48(1) above or for any other purpose for which land is required in connection with such an order; and the said Order of 1993 shall have effect accordingly.

(5) The powers conferred on the Department of the Environment for Northern Ireland by subsection (4) above shall be exercisable in relation to any land notwithstanding that the land is the property of a statutory undertaker or is declared by any other enactment to be inalienable

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(1) This section applies—

(a) where the Secretary of State has confirmed or is considering the confirmation of an order authorising the CAA or a licence holder to acquire land in Great Britain compulsorily;

(b) where the CAA or a licence holder proposes to acquire land in Northern Ireland compulsorily;

(c) where the Secretary of State has made or has under consideration the making of an order under section 44 above providing for the creation in favour of the CAA or a licence holder of easements or servitudes over land or of other rights in or in relation to land;

(d) where the Secretary of State has made, or has under consideration the making of, an order under section 46(1) above in respect of the CAA , a licence holder (within the meaning of section 105(1) below), or the licensee of an aerodrome licensed under an Air Navigation Order or a person who holds a certificate under the Aerodromes Regulation authorising the operation of an aerodrome, being an order declaring that an area of land shall be subject to control by directions; and

(e) in any case not falling within paragraphs (a) to (d) above where the Secretary of State has made an order under or in pursuance of this Part of this Act—

(i) authorising the compulsory purchase of land,

(ii) providing for the creation in favour of a particular person of a right in or in relation to land, or

(iii) declaring that an area of land shall be subject to control by directions.

(f) in any case not falling within paragraphs (a) to (d) above where the Secretary of State is considering making an order under or in pursuance of this Part of this Act—

(i) authorising the compulsory purchase of land in Scotland or Northern Ireland,

(ii) providing for the creation in favour of a particular person of a right in or in relation to land in Scotland or Northern Ireland, or

(iii) declaring that an area of land in England and Wales, Scotland or Northern Ireland shall be subject to control by directions.

(2) Where this section applies any person authorised in writing by the Secretary of State may at all reasonable times on producing if so required evidence of his authority for the purpose enter upon any of the land in question in order to make a relevant survey.

(3) In subsection (2) above “a relevant survey” means—

(a) in a case falling within subsection (1)(a) above, any survey which the Secretary of State , the CAA or a licence holder requires to be made for the purpose of any steps to be taken in consequence of the order, or, as the case may be, for the purpose of determining whether the order should be confirmed;

(b) in a case falling within subsection (1)(b) above, any survey which the Secretary of State , the CAA or a licence holder requires to be made for the purpose of ascertaining whether the land would be suitable for the purposes for which it is proposed to acquire it;

(c) in a case falling within subsection (1)(c) above, any survey which the Secretary of State , the CAA or a licence holder requires to be made for the purpose of any steps to be taken in consequence of the order or, as the case may be, for the purpose of determining whether the order should be made;

(d) In a case falling within subsection (1)(d) above, any survey which the Secretary of State or the person in respect of whom the order under the said section 46(1) has been, or is to be, made requires to be made for the purpose of any steps to be taken in consequence of that order or, as the case may be, for the purpose of determining whether the order should be made;

(e) in a case falling within subsection (1)(e) or (f) above, any survey which the Secretary of State requires to be made for the purpose of any steps to be taken in consequence of the order in question or, as the case may be, for the purpose of determining whether the order should be made.

(4) Admission shall not, by virtue of subsection (2) above, be demanded as of right to any land which is occupied unless the following notice of the intended entry has been served on the occupier, that is to say—

(a) in a case falling within subsection (1) (a) to (d) above, eight days’ notice; and

(b) in a case falling within subsection (1)(e) or (f) above, twenty-four hours’ notice.

(5) If any person obstructs a person authorised as mentioned in subsection (2) above in the exercise of any power conferred by this section he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Proceedings for an offence under this section shall not be instituted—

(a) in England and Wales, except by or with the consent of the Secretary of State or by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Secretary of State or by the Attorney General for Northern Ireland,

except that in England and Wales and in Northern Ireland such proceedings may be instituted without such consent, in a case falling within subsection (1)(a) to (c) above, by the CAA and, in a case falling within subsection (1)(d) above, by the person in respect of whom the order in question has been, or is to be, made.

(7) Where any land is damaged in the exercise of a power of entry conferred in pursuance of an authority given under this section, or in the making of any survey for the purpose of which any such power of entry has been conferred—

(a) in a case falling within subsection (1)(a) to (c) above in respect of the CAA , the CAA ,

(aa) in a case falling within subsection (1)(a) to (c) above in respect of a licence holder, the licence holder,

(b) in a case falling within subsection (1)(d) above, the person in respect of whom the order in question has been, or is to be, made,

shall pay such compensation to the persons interested in the land as may be just; and where any dispute arises as to whether compensation is payable under this subsection, or as to the amount of any such compensation or as to the persons to whom it is payable, the dispute shall be referred to and determined by the appropriate tribunal.

Supplemental

51

(1) Subject to the provisions of this section, the compensation to be paid to a statutory undertaker—

(a) in respect of the compulsory purchase in pursuance of this Part of this Act, otherwise than under section 30, of any land held by the undertaker for the purposes of the carrying on of his undertaking,

(b) in respect of the creation, by virtue of an order made under this Part of this Act, otherwise than under section 30 above, of any easement or servitude over any such land or of any other right in or in relation to any such land,

(c) in respect of any direction under section 46 above which affects any building, structure or apparatus held or used by him for the purposes of his undertaking, or which affects any of his rights to install or maintain apparatus for those purposes or which affects any right of way enjoyed by him for those purposes,

shall, in default of agreement, be assessed by the appropriate tribunal; but this subsection shall not apply to any compensation payable by virtue of section 42 above.

(2) Subject to those provisions, the amount of any compensation payable as mentioned in subsection (1) above shall be an amount calculated in accordance with the following enactments, that is to say—

(a) if the land is in England and Wales, section 280(2) to (5), (7) and (8) of the Town and Country Planning Act 1990; and

(b) if the land is in Scotland, section 233(2) to (5), (7) and (8) of the Town and Country Planning (Scotland) Act 1997.

(3) Subsection (4) below applies in relation to compensation payable as so mentioned in respect of a compulsory purchase.

(4) If, before the expiration of two months from the date on which notice to treat is served in respect of the interest of the person by whom the statutory undertaking is carried on, that person gives notice in writing to the Secretary of State that he elects that as respects all or any of the land comprised in the purchase the compensation shall be ascertained in accordance with the enactments, other than Rule (5) of the Rules set out in section 5 of the Land Compensation Act 1961 and section 12(1) of the Land Compensation (Scotland) Act 1963, which would be applicable apart from subsection (2) above, the compensation shall be so ascertained.

(5) Subsections (2) to (5), (7) and (8) of the said section 280 andsubsections (2) to (5), (7) and (8) of the said section 233 shall have effect for the purposes of this section with the following modifications, that is to say—

(a) in subsection (2)(c) of the said section 280 the words “is under section 279(2) or (3) of this Act and” and in subsection (2)(c) of the said section 233 the words “is under section 232(2) or (3) of this Act and” shall be omitted;

(b) after subsection (2)(c) of each of the said sections there shall be inserted the following paragraph:—

(d) in respect of the imposition of a requirement to demolish a building or structure either wholly or in part, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value to that person of any materials derived from the demolished building or structure, or from the demolished part of the building or structure, as the case may be;

;

(c) in subsection (8) of the said section 280 and subsection (8) of the said section 233 any reference to the imposition of a requirement shall include a reference to anything which may be done by virtue of an order made, otherwise than by virtue of section 42 above, under this Part of this Act.

(6) The preceding provisions of this section as to the assessment of compensation shall not have effect—

(a) in the case of the compulsory purchase of land, unless the Secretary of State has, upon a representation made to him before the expiration of the time within which objections may be made to the compulsory purchase order, certified that the land is in respect of its nature or situation of such a kind that it is comparable less with the generality of land than with land held for the purpose of the carrying on of statutory undertakings;

(b) in the case of the creation of any easement or servitude over land or any other right in or in relation to land, unless the Secretary of State has, upon a representation made to him before the expiration of the time within which objections may be made to the order providing for the creation of that easement, servitude or right, certified that the land in question is of such a kind as aforesaid; and

(c) in the case of any direction which affects a building or structure, unless the Secretary of State has, upon a representation made to him before the expiration of the time within which an application may be made to the court with respect to the direction in accordance with the provisions of Part II of Schedule 7 to this Act, certified that the building or structure is in respect of its nature or situation comparable less with the generality of buildings or structures than with buildings or structures held for the purpose of the carrying on of statutory undertakings.

(7) Schedule 10 to this Act (which broadly corresponds to sections 275 to 277 of the Town and Country Planning Act 1990 and sections 228 to 230 of the Town and Country Planning (Scotland) Act 1997) shall have effect for the purpose of making any adjustments of the functions of statutory undertakers which may be necessary in consequence of the provisions of this Part of this Act; but in that Schedule references to an order made or proposed to be made in pursuance of this Part of the Act—

(a) shall, in relation to an order for the compulsory purchase of land by the CAA or a licence holder, have effect as references to an order confirmed or, as the case may be, proposed to be confirmed by the Secretary of State; but

(b) shall be deemed not to include a reference to an order made or, as the case may be, proposed to be made in pursuance of section 30 above or under any enactment conferring a power exercisable by statutory instrument.

52

(1) This section applies where—

(a) the Secretary of State has acquired land for purposes connected with the exercise of his functions relating to civil aviation;

(b) the Secretary of State (in a case not falling within paragraph (a) above) or the Department of the Environment for Northern Ireland has acquired land in pursuance of this Part of this Act;

(ca) a licence holder has acquired land for purposes connected with the carrying out of the activities authorised by the licence;

(d) the Secretary of State gives a direction in relation to any land in pursuance of an order made under section 46(1) above;

and the use of the land by the person who has acquired it for the purpose for which he acquired it or, as the case may be, the execution of the direction will involve the displacement of persons residing in premises on the land.

(2) Where this section applies, the following, that is to say—

(a) in a case falling within paragraph (a), (b) , (c) or (ca) of subsection (1) above, the person who has acquired the land,

(b) in a case falling within paragraph (d) of that subsection where the person in respect of whom the order was made is the Secretary of State or Eurocontrol, the Secretary of State, and

shall be under a duty, in so far as there is no other residential accommodation available on reasonable terms to the persons who require it in consequence of the displacement, being residential accommodation suitable to the reasonable requirements of those persons, to secure the provision of such accommodation.

(3) A person required under subsection (2) above to secure the provision of accommodation shall secure its provision in advance of the displacement unless—

(a) in a case falling within paragraph (a), (c) , (ca) or (d) of subsection (1) above, the Secretary of State is satisfied that for reasons of exceptional public importance it is essential that the displacement should be effected before such accommodation as aforesaid can be found; or

(b) in a case falling within paragraph (b) of that subsection, the Secretary of State or, as the case may be, the Department of the Environment for Northern Ireland is so satisfied.

53

(1) A local planning authority (in this section referred to as “a planning authority”) shall be entitled to recover from the relevant person a sum equal to any compensation which the planning authority has become liable to pay, if—

(a) it has become so liable under section 107, 108, . . .144(2) or 279(1) of the Town and Country Planning Act 1990 or section 76, 77, 95(2) or 232(1) of the Town and Country Planning (Scotland) Act 1997 (which relate to compensation for certain planning restrictions, for purchase notices which do not take effect and in respect of undertakers’ operational land); and

(b) the liability is attributable to a planning decision which would not have been taken, or, in the case of compensation under the said section 107 or the said section 76 to an order under section 97 of the said Act of 1990 or section 65 of the said Act of 1997 which would not have been made, but for the need—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence.

(2) Where a sum equal to any compensation is payable or paid to a planning authority in pursuance of subsection (1) above, the planning authority shall refund to the person who paid that sum any amount received by the planning authority in respect of the compensation under sections 111 and 112 of the said Act of 1990 or section 82 of the said Act of 1997 (which relate to the recovery of compensation on subsequent development).

(3) Where a purchase notice is served under section 137 of the said Act of 1990 or section 88 of the said Act of 1997 in respect of a planning decision which would not have been taken but for a need referred to in subsection (1)(b)(iii), any local authority who are deemed under section 139(3) or 143(1) of the said Act of 1990 or section 90(3) or 94(1) of the said Act of 1997 to have served a notice to treat in respect of the interest to which the purchase notice relates may, by notice in writing given to the relevant person not later than one month from the time when the amount of compensation payable by the local authority for the interest is agreed or determined, require the relevant person to purchase the interest from the local authority for a sum equal to the amount of compensation so agreed or determined.

(4) Where a notice in writing is given to the relevant person under subsection (3) above, the relevant person shall, subject to any agreement between it and the local authority, be deemed to have contracted with the local authority to purchase the interest at that price.

(5) Any dispute as to whether a planning decision would not have been taken or an order under the said section 97 or the said section 65 would not have been made but for such a need as is mentioned in subsection (1) above shall be referred to and determined by the Secretary of State.

(6) In the preceding provisions of this section “planning decision” means a decision made on an application under Part III of the said Act of 1990 or Part III of the said Act of 1997; and references in those provisions to a local planning authority include, in relation to England and Wales, references to any authority to whom functions of a local planning authority are delegated.

(7) Where by reason of a planning decision taken under the Planning Acts (Northern Ireland) 1931 and 1944 by a planning authority in Northern Ireland or under the Planning Act (Northern Ireland) 2011 by the Department of the Environment for Northern Ireland or the Planning Appeals Commission—

(a) the Department of the Environment for Northern Ireland becomes liable to pay compensation to any person; and

(b) the decision would not have been taken but for the need to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence,

the Department shall be entitled to recover from the licence holder a sum equal to that compensation.

(8) Where a sum equal to any compensation is payable or paid to the said Department in pursuance of subsection (7) above, the Department shall pay the licence holder any amount received by the Department in respect of the compensation under section 24 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which relates to the recovery of compensation on subsequent development).

(9) In subsection (7) above, “planning decision” includes a revocation or modification of planning permission under section 3 of the Planning (Interim Development) Act (Northern Ireland) 1944.

(10) The relevant person for the purposes of this section is—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in a case to which subsection (1)(b)(iii) applies, the licence holder.

Consecrated land and burial grounds.

54

(1) Subject to subsection (2) below, sections 238 to 240 of the Town and Country Planning Act 1990 and section 197 of the Town and Country Planning (Scotland) Act 1997 (consecrated land and burial grounds) shall have effect in relation—

(a) to land acquired by the Secretary of State for purposes connected with the exercise of his functions relating to civil aviation, and

(b) to land acquired by the Secretary of State in pursuance of this Part of this Act and otherwise than as mentioned in paragraph (a) above,

as if the Secretary of State had acquired that land under Part IX of the said Act of 1990 or, as the case may be, Part VIII of the said Act of 1997.

(2) The said sections 238 to 240and 197 shall have effect in relation to any land—

(a) acquired by the CAA, or

(b) acquired by a licence holder for purposes connected with the carrying out of the activities authorised by the licence,

as they have effect in relation to land acquired by statutory undertakers under Part IX of the said Act of 1990 or, as the case may be, Part VIII of the said Act of 1997.

55

(1) The following shall be local land charges in England and Wales:—

(a) a right in or in relation to land granted or agreed to be granted on or after 25th October 1968 and enforceable by virtue of section 43 above;

(b) the following instruments when operative that is to say

(i) an order under section 44 above;

(ii) an order under section 45 above, other than an order for the imposition of prohibitions or restrictions on the use of water; and

(iii) an order under section 46(1) above or any direction given under such an order.

(2) A grant or agreement made as respects land in Scotland shall not be enforceable by virtue of section 43 above against a third party who shall have in good faith and for value acquired a right (whether completed by infeftment or not) to the land prior to the grant or agreement being registered in the Land Register of Scotland or against any person deriving title from such third party.

(3) In Scotland where any such instrument as is mentioned in subsection (1)(b) above becomes operative it shall be registered as a deed in the said Land Register, and on being so registered shall be enforceable against any person having or subsequently acquiring any estate or interest , and on being registered shall be enforceable against any person having or subsequently acquiring any right in the land to which the order or direction relates.

(4) For the purposes of the recording of a deed in the Register of Sasines under section 8 of the Land Registration (Scotland) Act 1979 or of the application of subsection (2) or (3) above in relation to any area in respect of which section 29(2) of that Act (modification of references to Register of Sasines) is not yet in force, any reference in subsections (2) and (3) above to the registration of any grant, agreement or instrument in the Land Register of Scotland shall have effect as a reference to the recording of the grant, agreement or instrument in the Register of Sasines.

References in—

(a) subsection (2) above to registering a grant or agreement, or

(b) subsection (3) above to registering an instrument,

are to registering it in the Land Register of Scotland or, as the case may be, to recording it in the Register of Sasines.

(5) A right in or in relation to land in Northern Ireland granted or agreed to be granted to the CAA or a licence holder shall not be enforceable by virtue of section 43 above against a purchaser for money or money’s worth of any estate or interest in the land to which the grant or agreement in question relates unless before the completion of the purchase the grant or agreement is registered in the Statutory Charges Register pursuant to Part X of the Land Registration Act (Northern Ireland) 1970; and accordingly such a grant or agreement shall be included among the matters which are required to be registered in that Register.

(6) Where any such instrument as is mentioned in subsection (1)(b) above adversely affects land in Northern Ireland, then—

(a) if the land is registered land to which the Land Registration Act (Northern Ireland) 1970 applies, the instrument on the lodgment by the relevant authority of a copy thereof with the Registrar of Titles shall, notwithstanding anything in the said Act or rules made thereunder, be registered as a burden affecting the land and created after the first registration of the land, and may be so registered without the concurrence of the registered owner of the land or the production of the land certificate, without prejudice, however, to the power of the registering authority to order the production of the land certificate; and

(b) if the land is not registered land to which that Act applies, the instrument shall, on lodgment by the relevant authority of a copy thereof with the Registrar of Deeds for Northern Ireland, be registered in the Registry of Deeds, Northern Ireland, as an instrument affecting the lands to which the instrument relates.

(7) In subsection (6) above “the relevant authority” means—

(a) in the case of an order under section 44 above—

(i) if the order is made in favour of the Secretary of State or Eurocontrol, the Secretary of State; . . .

(ii) if the order is made in favour of the CAA, the CAA; and

(iii) if the order is made in favour of a licence holder, the licence holder; and

(b) in the case of an order under section 45 above , the Secretary of State

(i) if the order is made in respect of the CAA, the CAA;

(ia) if the order is made in respect of a licence holder, the licence holder;

and

(ii) in any other case, the Secretary of State.

56

(1) Any notice required to be served on any person for the purposes of any provision to which this section applies may be served on him either by delivering it to him or by leaving it at his proper address, or by post, so however that the notice shall not be duly served by post unless it is sent by registered letter or by the recorded delivery service.

(2) Any such notice required to be served upon an incorporated company or body shall be duly served if it is served on the secretary or clerk of the company or body.

(3) For the purposes of this section and of section 7 of the Interpretation Act 1978, the proper address of any person upon whom any such notice is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body and in any other case be the last known address of the person to be served, except that, where the person to be served has furnished an address for service, that address shall be his proper address for those purposes.

(4) If it is not practicable after reasonable inquiry to ascertain the name or address of any owner, lessee or occupier of land on whom any such notice is to be served, the notice may be served by addressing it to him by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the notice relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

(5) In the application to Scotland of any provision to which this section applies and which requires notice to be served on the owners, lessees or occupiers of any land, that requirement shall be deemed to be complied with if notice is served on all the persons appearing from the valuation roll to have an interest in the land, and any reference in this Part of this Act to “owners”, “lessees” or “occupiers” shall be construed accordingly.

(6) Service of a notice under subsection (5) above on any person appearing from the valuation roll to have an interest in land may be effected by sending the notice either—

(a) in a registered letter addressed to him at his address as entered in that roll; or

(b) by the recorded delivery service to him at that address.

(7) This section applies to any provision of this Part of this Act except section 42 above and so much of section 50 above as relates to the service of a notice under the said section 50 otherwise than by the Secretary of State.

(8) In this section “owner”—

(a) in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits under a lease or agreement, the unexpired term whereof exceeds three years;

(b) in relation to any land in Scotland or Northern Ireland, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promotors of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years.

57

(1) Any two justices of the peace may appoint such persons as may be nominated for the purpose by the Secretary of State to be special constables on any premises for the time being vested in or under the control of the Secretary of State.

(2) Every person so appointed shall be sworn in by the justices duly to execute the office of a constable on those premises and when so sworn in shall, on those premises, have the powers and privileges and be liable to the duties and responsibilities of a constable.

(3) Special constables appointed under this section shall be under the exclusive control of the Secretary of State, and the Secretary of State shall have power to suspend or terminate the appointment of any such special constable.

(4) In the application of this section to Scotland references to two justices of the peace shall be construed as references to a single justice of the peace, and references to swearing in shall be construed as references to making a declaration in the terms prescribed under section 10 of the Police and Fire Reform (Scotland) Act 2012.

58

59

(1) Any expenses incurred by the Department of the Environment for Northern Ireland under this Part of this Act shall, to such extent as the Treasury may direct, be defrayed by the Secretary of State.

(2) Stamp duty shall not be payable on any conveyance of land, or on any instrument creating or disposing of any right in or in relation to land being a conveyance or instrument to which the Secretary of State is a party if he certifies that the duty would fall to be defrayed as part of his expenses and either—

(a) that the expenses as part of which the duty would fall to be defrayed are his expenses in connection with the performance of his functions relating to civil aviation; or

(b) in a case not falling within paragraph (a) above of a conveyance of land, that the conveyance is made for the purpose of this Part of this Act.

(3) Stamp duty shall not be payable on any conveyance of land to which the Department of the Environment for Northern Ireland is a party if that Department certifies that the conveyance is made for the purpose of this Part of this Act and that the duty would fall to be defrayed as part of that Department’s expenses.

Part III — Regulation of Civil Aviation

General

60

(1) Subject to section 11(7) above, Her Majesty may by Order in Council under this section (in this Act referred to as “an Air Navigation Order”) make such provision as is authorised by subsections (2) and (3) below or otherwise by this Act or any other enactment.

(2) An Air Navigation Order may contain such provision as appears to Her Majesty in Council to be requisite or expedient—

(a) for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or

(b) generally for regulating air navigation.

(3) Without prejudice to the generality of subsection (2) above or to any other provision of this Act, an Air Navigation Order may contain provision—

(a) as to the registration of aircraft in the United Kingdom;

(b) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the Order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified in the Order;

(c) for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;

(d) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified in the Order except in accordance with provisions in that behalf contained in the Order, and for the licensing of those employed at aerodromes licensed under the Order in the inspection or supervision of aircraft;

(e) as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving the United Kingdom may fly, and as to the conditions under which aircraft may fly from one part of the United Kingdom to another;

(f) as to the conditions under which passengers . . . may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, . . .

(ff) as to the conditions under which goods may be carried by air, for prohibiting the carriage by air of goods of such classes as may be specified in the Order, and for conferring, on such persons as may be so specified, powers relating to the enforcement of any such condition or prohibition (including powers to examine, take samples of, seize and detain any goods, powers to open any baggage or packages containing goods or to require them to be opened and powers to require the production of any documents);

(g) for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft;

(h) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph;

(ha) for safeguarding the health of persons on board aircraft;

(i) for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;

(j) for regulating the making of signals and other communications by or to aircraft and persons carried therein;

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) for prohibiting aircraft from flying over such areas in the United Kingdom as may be specified in the Order;

(m) for applying, adapting or modifying the enactments for the time being in force relating to customs or excise in relation to aerodromes and to aircraft and to persons and property carried therein and for preventing smuggling by air, and for permitting in connection with air navigation, subject to such conditions as appear to Her Majesty in Council to be requisite or expedient for the protection of the revenue, the importation of goods into the United Kingdom without payment of duty;

(n) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the Order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) for specifying, subject to the consent of the Treasury, the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the Order and in respect of any other matters in respect of which it appears to Her Majesty in Council to be expedient for the purpose of the Order to charge fees:

(q) for exempting from the provisions of the Order or any of them any aircraft or persons or classes of aircraft or persons;

(r) for prohibiting aircraft from taking off or landing in the United Kingdom unless there are in force in respect of those aircraft such certificates of compliance with standards as to noise as may be specified in the Order and except upon compliance with the conditions of those certificates; and

(s) for regulating or prohibiting the flight of aircraft over the United Kingdom at speeds in excess of Flight Mach 1.

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Civil Aviation Act 1982

44

45

46

47

48

49

50

Supplemental

51

52

53

Consecrated land and burial grounds.

54

55

56

57

58

59

Part III — Regulation of Civil Aviation

General

Power to give effect to Chicago Convention and to regulate air navigation, etc.

60