Civil Aviation Act 1982

• (6) The Secretary of State may by regulations amend the definition of “Air Travel Trust” in subsection (5) above so that it refers, in addition to or instead of any trust for the time being referred to in that subsection, to one or more other qualifying trusts.

• (7) A trust is a qualifying trust for the purposes of subsection (6) above if—

• (a) the Secretary of State for Transport is a party to the deed establishing the trust, and

• (b) the primary purpose of the trust is the assistance of persons who suffer losses or incur costs as a result of failure by contributors to the trust to fulfil obligations with regard to the provision of flight accommodation in connection with those persons' trips or holidays.

In paragraph (b) “flight accommodation” has the same meaning as in section 71.

71B

• (1) Before making any regulations under section 71A above, the Secretary of State must consult the CAA and the trustees of the Air Travel Trust.

• (2) Before responding to the consultation, the CAA must consult the following persons so far as it considers it reasonably practicable to do so—

• (a) persons who hold licences by virtue of section 71(1) above, and

• (b) any other person or body appearing to it to have an interest in the matter.

Air navigation services

72

73

74

74A

• (1) Subject to the following provisions of this section, where a relevant authority in a Contracting State has made a determination as to whether or not any sum is due to Eurocontrol in respect of air navigation services provided by Eurocontrol or by some other person, that determination shall, in the United Kingdom, be enforceable or, as the case may be, recognised in accordance with the following provisions of this section, but not otherwise.

• (2) For the purposes of the enforcement in any part of the United Kingdom of any determination which is enforceable by Eurocontrol under this section, the provisions of sections 2, 3(1) and 5(2) and (3) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (registration of judgments, rules of court and powers of court on application to set aside registration) shall apply, with the necessary modifications, in relation to the determination as they apply in relation to a judgment to which Part I of that Act applies; and accordingly, for the purposes of this section, in subsection (2) of section 5 of that Act—

• (a) the reference to subsection (1) of that section shall have effect as a reference to subsection (7) below; and

• (b) the reference to an appeal shall include a reference to an application for review of a determination.

• (3) On an application for the purpose made by any person against whom a determination registered by virtue of subsection (2) above may be enforced, the registration shall (subject to subsection (7) below) be set aside if the court to which the application to register is made is satisfied—

• (a) that the determination is not a determination to which this section applies;

• (b) that the determination was registered in contravention of any provision applied by subsection (2) above; or

• (c) that, by virtue of any of the following provisions of this section, the determination is not to be enforced in the part of the United Kingdom in which it is sought to enforce it.

• (4) Subject to subsection (7) below, a determination in respect of any sum by a relevant authority in a Contracting State shall not under this section be enforced or recognised in a part of the United Kingdom if—

• (a) that Contracting State is not the country, or one of the countries, in which, under subsection (5) below, proceedings in respect of that sum should have been brought; or

• (b) the determination is not final; or

• (c) the determination is manifestly contrary to public policy in the part of the United Kingdom in which it is sought to enforce the determination or, as the case may be, in which recognition of the determination is sought; or

• (d) the person against whom the proceedings resulting in the determination were brought did not (notwithstanding that process may have been duly served on him in the Contracting State in which those proceedings were brought) receive notice of the proceedings in sufficient time to enable him to defend them or, as the case may require, to apply for the proceedings to be reviewed; or

• (e) proceedings relating to the same sum have been brought previously, and are pending, in any part of the United Kingdom; or

• (f) the determination is incompatible with the judgment of any court in any part of the United Kingdom; or

• (g) the determination—

• (i) involved the application of rules of private international law to a question concerning the status or legal capacity of natural persons, or concerning rights in property arising out of matrimonial relationships or concerning wills or succession (being rules different from the corresponding rules of private international law applicable in the part of the United Kingdom in which it is sought to enforce the determination, or as the case may be, in which recognition of the determination is sought), and

• (ii) was different from the determination which would have been made if those corresponding rules had been applied.

• (5) For the purposes of this section proceedings in respect of a sum payable to Eurocontrol must be brought against the person liable to pay the sum—

• (a) in the Contracting State (if any) in which that person’s residence or, as the case may be, his registered office is situated;

• (b) if that person’s residence or, as the case may be, his registered office is not situated in a Contracting State, in any Contracting State in which he has a place of business;

• (c) if that person’s residence or, as the case may be, his registered office is not situated in a Contracting State and he has no place of business in any Contracting State, in any Contracting State in which he has assets;

• (d) if that person’s residence or, as the case may be, his registered office is not situated in a Contracting State and he has neither a place of business nor any assets in any Contracting State, in the country in which Eurocontrol for the time being has its headquarters.

• (6) For the purposes of this section a determination by a relevant authority in a Contracting State shall be final if neither an appeal from nor an application for review of that determination is pending in that State and it is not possible, for any of the following reasons, for such an appeal to be brought or such an application to be made, that is to say—

• (a) no appeal or review is provided for in that State in respect of the determination, being a determination made by a court or tribunal;

• (b) the time within which an appeal must be brought, or an application for review must be made, has expired;

• (c) an appeal which has been brought, or an application for review which has been made, has been withdrawn; or

• (d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is itself final.

• (7) If, on an application to set aside the registration by virtue of subsection (2) above of any determination, the applicant satisfies the court to which the application to register is made that the determination is not final, the court may, on such terms as it may think fit, either—

• (a) set aside the registration; or

• (b) adjourn the application to set aside the registration until such time as the determination has become final,

but nothing in this section shall require that court to take either of these courses where there is no other ground for setting aside the registration and the court is not satisfied that the applicant intends to continue with any appeal or application for review which is pending or, as the case may be, to bring any appeal or make any such application which it is possible for him to bring or make in respect of the determination.

• (8) In this section—

• “Contracting State”means a country designated in an Order in Council which has been laid before Parliament as a party to the Multilateral Agreement relating to Route Charges signed at Brussels on 12th February 1981 at the Diplomatic Conference on the Protocol amending the Eurocontrol International Convention relating to Co-operation for the Safety of Air Navigation of 13th December 1960;

• “relevant authority”, in relation to a Contracting State, means—any court or tribunal which, under the law of the State, has jurisdiction to determine questions as to whether or not a sum is due to Eurocontrol in respect of air navigation services provided by Eurocontrol or some other person;any administrative authority which, under that law, has jurisdiction to make, or is otherwise authorised to make, determinations in respect of such questions, being determinations which in that State are subject to appeal to, or review by, a court or tribunal;any court or tribunal which, under that law, has jurisdiction to determine any appeal from, or carry out any review of, a determination made in respect of any such question by another relevant authority.

• (9) This section shall not affect the enforceability or recognition of any determination made before the coming into force of section 1 of the Civil Aviation (Eurocontrol) Act 1983.

Investigation of accidents

75

• (1) Without prejudice to section 60 above, the Secretary of State may by regulations under this section make such provision as appears to him to be requisite or expedient—

• (a) for the investigation of any accident arising out of or in the course of air navigation and either occurring in or over the United Kingdom or occurring elsewhere to aircraft registered in the United Kingdom; and

• (b) for carrying out any Annex to the Chicago Convention (being an Annex adopted in accordance with the Convention and relating to the investigation of accidents involving aircraft) as it has effect from time to time with any amendment made in accordance with the Convention (hereafter in this section referred to as “the Annex”).

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Without prejudice to the generality of subsection (1)(b) above, the provision there authorised includes provision with respect to any of the following matters, that is to say—

• (a) the definition of “accident” for the purposes of this section so as to correspond to the meaning adopted for the time being in the Annex;

• (b) the participation of any persons authorised for the purpose in accordance with the regulations in any investigation held in accordance with the requirements of the Annex by the competent authorities of any other state; and

• (c) the investigation of any incident other than one to which subsection (1)(a) above applies for the purpose of securing any information, articles or other material which it is the duty of the United Kingdom in accordance with any requirements of the Annex to furnish to any other state.

• (3) Without prejudice to the generality of subsection (1) above, regulations under this section may contain provisions—

• (a) requiring notice to be given of any such accident as is mentioned in subsection (1)(a) above in such manner and by such persons as may be specified in the regulations;

• (b) applying any of the provisions of section 3 of the Notice of Accidents Act 1894 (with or without modifications) for the purposes of any investigations held in accordance with the regulations or any inquiries undertaken in accordance with the regulations with a view to determining whether any such investigation should be held;

• (c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorising any person so far as may be necessary for the purposes of an investigation, or for the purpose of determining whether an investigation should be held, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such aircraft and any other aircraft;

• (d) authorising or requiring the cancellation, suspension, endorsement or surrender of any licence or certificate granted under an Air Navigation Order or an order under section 62 above where it appears on an investigation that the licence or certificate ought to be cancelled, suspended, endorsed or surrendered and requiring the production of any such licence or certificate for the purpose of being so dealt with.

• (4) Without prejudice to subsection (2)(a) above, in this section “accident” shall be construed as including any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened.

• (5) If any person contravenes or fails to comply with any regulations under this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.

• (6) Nothing in this section shall limit the powers of any authority under sections 245 to 247 and sections 252 to 254 of the Merchant Shipping Act 1995.

Trespass by aircraft and aircraft nuisance, noise, etc.

76

• (1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of any Air Navigation Order and of any orders under section 62 above have been duly complied with ....

• (2) Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft.

• (3) Where material loss or damage is caused as aforesaid in circumstances in which—

• (a) damages are recoverable in respect of the said loss or damage by virtue only of subsection (2) above, and

• (b) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage,

the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage.

• (4) Where the aircraft concerned has been bona fide demised, let or hired out for any period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as if for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out.

77

• (1) An Air Navigation Order may provide for regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes and may provide that subsection (2) below shall apply to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made.

• (2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of an Air Navigation Order, as long as the provisions of any such Order are duly complied with.

78

• (1) The Secretary of State may by a notice published in the prescribed manner provide that it shall be the duty of the person who is the operator of an aircraft which is to take off or land at a designated aerodrome to secure that, after the aircraft takes off or, as the case may be, before it lands at the aerodrome, such requirements as are specified in the notice are complied with in relation to the aircraft, being requirements appearing to the Secretary of State to be appropriate for the purpose of limiting or of mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome.

• (2) If it appears to the Secretary of State that any requirement specified in relation to a designated aerodrome in a notice published in pursuance of subsection (1) above has not been complied with as respects any aircraft he may, after affording to the person who at the relevant time was the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by that person, give to the person managing the aerodrome a direction requiring him to secure that, until the Secretary of State revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be the duty of the person for the time being managing the aerodrome to comply with the direction.

• (3) If the Secretary of State considers it appropriate, for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking-off or landing of aircraft at a designated aerodrome, to prohibit aircraft from taking off or landing, or limit the number of occasions on which they may take off or land, at the aerodrome during certain periods, he may by a notice published in the prescribed manner do all or any of the following, that is to say—

• (a) prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified;

• (b) specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than as aforesaid) during periods so specified;

• (c) determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) above and, as respects each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods;

and subject to subsection (4) below and paragraphs (e) and (f) of subsection (5) below it shall be the duty of the person for the time being managing the aerodrome to secure that the prohibitions or restrictions relating to the aerodrome which are imposed by the notice are complied with.

• (4) Without prejudice to subsection (5)(f) below, a particular occasion or series of occasions on which aircraft take off or land at an aerodrome shall be disregarded for the purposes of any notice under subsection (3) above in respect of that aerodrome if—

• (a) on that occasion or series of occasions the aircraft take off or land in circumstances specified for the purposes of this subsection in relation to that aerodrome by the Secretary of State in a notice published in the prescribed manner; and

• (b) the person for the time being managing the aerodrome or a person authorised by him for the purpose, determines that that occasion or series of occasions should be so disregarded,

but it shall be the duty of the first-mentioned person to notify the Secretary of State in writing, within one week from its occurring, of any occasion (whether a single occasion or one of a series of occasions) to which this subsection applies.

• (5) The following supplementary provisions shall have effect for the purposes of subsection (3) above, that is to say—

• (a) it shall be the duty of the Secretary of State, before he makes a determination in respect of an aerodrome in pursuance of paragraph (c) of that subsection, to consult any body appearing to him to be representative of operators of aircraft using the aerodrome;

• (b) a notice uinder that subsection may make, in relation to a designated aerodrome, provision as respects any period notwithstanding that the period is included in or that there is included in the period, any other period as respects which provision relating to the aerodrome is made by the notice or by another notice under that subsection;

• (c) if it appears to the Secretary of State that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then, without prejudice to the powers exercisable by virtue of that subsection by the person managing the relevant aerodrome, any person authorised by the Secretary of State for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land;

• (d) if it appears to a person authorised for the purpose by the person for the time being managing the relevant aerodrome that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then without prejudice to paragraph (c) above, or the powers mentioned therein, the first-mentioned person, or a person authorised by him for the purpose, may detain the aircraft for such period as the first-mentioned person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land;

• (e) nothing in that subsection requires a person managing an aerodrome to prevent an aircraft from landing at the aerodrome; and

• (f) the Secretary of State may, by a notice given in the prescribed manner to the person managing an aerodrome to which a notice under that subsection relates, determine that a particular occasion or series of occasions on which aircraft take off or land at the aerodrome shall be disregarded for the purposes of the notice under that subsection.

• (6) The Secretary of State may give to the person managing a designated aerodrome such directions as the Secretary of State considers appropriate for the purpose of avoiding, limiting, or mitigating the effect of, noise and vibration connected with the taking-off or landing of aircraft at the aerodrome; and it shall be the duty of the person for the time being managing the aerodrome to comply with the directions.

• (6A) Directions under subsection (6) above may be given for the purpose of avoiding, limiting, or mitigating the effect of, such noise and vibration either—

• (a) generally, or

• (b) in any particular area or areas.

• (7) The duties imposed by subsections (1) to (3) and (6) above in relation to aerodromes in Scotland shall be enforceable by order of the Court of Session on an application by or on behalf of the Secretary of State under section 91 of the Court of Session Act 1868.

• (8) The Secretary of State may, after consultation with the person managing a designated aerodrome, by order require him at his own expense—

• (a) to provide in an area and within a period specified in the order, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and

• (b) to make to the Secretary of State such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorised by the Secretary of State for the purpose to inspect the equipment on demand at any time;

and it shall be the duty of the person for the time being managing the aerodrome to comply with the requirements of the order.

• (9) If a person fails to perform any duty imposed on him by subsection (8) above the Secretary of State may, after affording him an opportunity of making representations to the Secretary of State with respect to the matter and after considering any representations then made by him—

• (a) take such steps as the Secretary of State considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Secretary of State or the CAA; and

• (b) recover in any court of competent jurisdiction from the person aforesaid any expense attributable to the taking of those steps which is incurred by the Secretary of State from time to time;

and if a person fails to perform any duty imposed on him by virtue of paragraph (b) of subsection (8) above, then without prejudice to the preceding provisions of this subsection he shall—

• (i) be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale; and

• (ii) if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and liable on summary conviction to a fine not exceeding 10% of level 5 on the standard scale 10% of the greater of £5,000 or level 4 on the standard scale .

• (10) Paragraph (b) of subsection (9) above is without prejudice to the Secretary of State’s power apart from that paragraph to recover the expenses mentioned therein.

• (11) The Secretary of State may, after consultation with any local authority appearing to him to be concerned, by order repeal any provision of a local Act which he considers is unnecessary having regard to the provisions of this section and of section 79 below.

• (12) Any notice published in pursuance of subsection (1), (3) or (4) above may contain such incidental or supplementary provisions as the Secretary of State considers appropriate for the purposes of that subsection and may be varied or revoked by a subsequent notice published in pursuance of that subsection.

78A

• (1) The person for the time being managing an aerodrome (referred to in this section and section 78B below as the “relevant manager”) may establish and maintain a penalty scheme.

• (2) In this section and section 78B below “penalty scheme” means a scheme which requires a penalty to be paid if any requirement imposed under section 78(1) above in relation to an aircraft taking off or landing at the aerodrome is not complied with.

• (3) Any such penalty shall be—

• (a) of an amount specified in the scheme, and

• (b) paid to the relevant manager by the operator of the aircraft in question.

• (4) The penalty scheme shall afford the operator of the aircraft an opportunity to make representations to the relevant manager with respect to the matter either before or after the penalty is imposed.

• (5) If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the relevant manager to cancel the penalty if he considers it appropriate to do so having considered those representations.

• (6) A penalty scheme may—

• (a) contain such incidental or supplementary provisions as the relevant manager considers appropriate, and

• (b) be amended or revoked by the relevant manager.

• (7) The amendment or revocation of a penalty scheme shall not affect the validity of anything previously done under the scheme.

• (8) A relevant manager who receives penalties under a penalty scheme shall make payments equal to the amount of those penalties for purposes which appear to him to be likely to be of benefit to persons who live in the area in which the aerodrome is situated.

78B

• (1) The Secretary of State may direct a specified relevant manager—

• (a) to establish a penalty scheme, or

• (b) to amend or revoke a penalty scheme.

• (2) The Secretary of State shall publish any direction given under subsection (1) above in such manner as appears to him to be appropriate.

• (3) A direction under subsection (1) above which requires a relevant manager to establish or amend a penalty scheme may include directions as to the provisions which are to be included in the scheme.

• (4) Before giving a direction under subsection (1) above the Secretary of State shall consult—

• (a) the relevant manager, and

• (b) any body appearing to him to be representative of operators of aircraft using the aerodrome in question.

• (5) If a relevant manager fails to comply with a direction given to him under subsection (1) above he shall—

• (a) be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, and

• (b) if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and be liable on summary conviction to a fine not exceeding 10% of level 5 on the standard scale 10% of the greater of £5,000 or level 4 on the standard scale.

79

• (1) If it appears to the Secretary of State that buildings near a designated aerodrome require protection from noise and vibration attributable to the use of the aerodrome, he may by statutory instrument make a scheme requiring the person for the time being managing the aerodrome (hereafter in this section referred to as “the relevant manager”) to make grants towards the cost of insulating such buildings or parts of such buildings against noise; but a scheme under this section need apply only to such classes of buildings as the Secretary of State thinks fit.

• (2) A scheme under this section shall specify the area or areas in which buildings must be situated for the grants to be payable, and the persons to whom, the expenditure in respect of which and the rate at which the grants are to be paid, and may make the payment of any grant dependent upon compliance with such conditions as may be specified in the scheme.

• (3) A scheme under this section may require the relevant manager, in any case where an application for a grant is refused, to give the applicant at his request a written statement of the relevant manager’s reasons for the refusal.

• (4) A scheme under this section may authorise or require local authorities to act as agents of the relevant manager in dealing with applications for and payments of grants and may provide for the making by the relevant manager of payments to local authorities in respect of anything done by them as such agents.

• (5) A scheme under this section may make different provision with respect to different areas or different circumstances.

• (6) Before making a scheme under this section relating to an aerodrome the Secretary of State shall consult the relevant manager.

• (7) In this section “local authorities” in relation to England . . . does not include the council of a county.

• (8) A statutory instrument containing a scheme under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

80

In sections 78 and 79 above “designated aerodrome” means any aerodrome in Great Britain which is designated for the purposes of the section in which the expression is used by an order made by the Secretary of State; and the Secretary of State may designate an aerodrome for the purposes of either or both of those sections.

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

• (1) Save in such circumstances as may be prescribed, no aircraft while in the air over any part of the United Kingdom shall be used, whether wholly or partly for emitting or displaying any advertisement or other communication in such a way that the advertisement or communication is audible or visible from the ground.

• (2) Any person who uses an aircraft, or knowingly causes or permits an aircraft to be used, in contravention of subsection (1) above shall be guilty of an offence and liable on summary conviction—

• (a) in the case of a first conviction of an offence under this section, to a fine not exceeding £100 level 4 on the standard scale;

• (b) in any other case, to a fine not exceeding £200 level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both;

but (without prejudice to section 105(3) below) a previous conviction of an offence under section 7 of the Civil Aviation (Licensing) Act 1960 shall be treated as a conviction of an offence under this section for the purposes of determining whether a conviction of an offence under this section is a first such conviction.

Records and provision of information, etc.

83

• (1) The Secretary of State may by regulations provide for requiring such persons as may be specified in the regulations to keep records and make returns to the CAA—

• (a) of births and deaths occurring in any part of the world in any aircraft registered in the United Kingdom; and

• (b) of the death, outside the United Kingdom, of any person who, being a traveller on such an aircraft, is killed on the journey in consequence of an accident;

and for the keeping by the CAA of a record of any returns made to it in accordance with any such requirement as aforesaid.

• (2) Any person who fails to comply with any such requirement shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (3) 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.

• (4) Where regulations made under subsection (1) above provide for the keeping of records by the CAA in accordance with that subsection they shall also provide for the transmission of certified copies of those records to the Registrar General of Births, Deaths and Marriages in England and Wales, the Registrar General of Births, Deaths and Marriages in Scotland, or the Registrar General for Northern Ireland, as the case may require.

• (5) The Registrar General to whom any such certified copies are sent shall cause them to be filed and preserved in a book to be kept by him for the purpose, and to be called the Air Register Book of Births and Deaths.

• (6) Regulations made under subsection (1) above shall provide for the rectification of any records kept by the CAA in pursuance of the regulations and for the transmission of certified copies of any corrected entry in the records to the Registrar General of Births, Deaths and Marriages in England and Wales, the Registrar General of Births, Deaths and Marriages in Scotland, or the Registrar General for Northern Ireland, as the case may require.

• (7) The Registrar General to whom a certified copy of any such corrected entry is sent in accordance with the regulations shall cause the corrected entry to be substituted for the corresponding entry for the time being made in the Air Register Book of Births and Deaths.

• (8) The enactments relating to the registration of births and deaths in England and Wales, Scotland and Northern Ireland shall have effect as if the Air Register Book of Births and Deaths were a certified copy or duplicate register transmitted to the Registrar General in accordance with those enactments.

• (9) The Secretary of State may by regulations provide—

• (a) for the keeping by the CAA of a record of persons reported to him as missing, being persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident to an aircraft registered in the United Kingdom;

• (b) for the rectification of any such record; and

• (c) for the transmission of information as to the mattters for the time being entered on the record to the Registrar General of Births, Deaths and Marriages in England and Wales, the Registrar General of Births, Deaths and Marriages in Scotland or the Registrar General for Northern Ireland, as the case may require.

84

• (1) The CAA may, by a notice in writing served in the prescribed manner on a person of any of the following descriptions, that is to say—

• (a) a holder of a licence issued by the CAA under this Act or a licence or certificate issued by the CAA under an Air Navigation Order or an operating licence granted by the CAA in accordance with the Operation of Air Services in the Community Regulation,

• (b) a recipient of an approval given by the CAA under an Air Navigation Order,

• (c) a person who in the United Kingdom has, at any time during the period of two years ending with the date of service of the notice, held himself out as one who may as a principal or otherwise enter into a contract to make available accommodation for the carriage of persons or cargo on flights in any part of the world in aircraft ...,

• (ca) a person established in the United Kingdom who in the European Economic Area has, at any time during the period of two years ending with the date of service of the notice, held himself out as one who may as a principal or otherwise enter into a contract to make available accommodation for the carriage of persons or cargo on flights in any part of the world in aircraft,

• (d) a person carrying on business in the United Kingdom as a manufacturer of aircraft or engines or other equipment for aircraft or as an insurer of aircraft,

• (e) a person involved in airspace change within the meaning of Part 1 of the Air Traffic Management and Unmanned Aircraft Act 2021 (see section 2(2) of that Act),

require him to furnish to the CAA, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified, being—

• (i) in the case of such a holder or recipient as aforesaid (other than the holder of an aerodrome licence), descriptions of information which relates to his past, present or future activities as the holder or recipient of the licence, certificate or approval in question or his past activities as the holder or recipient of any similar licence, certificate or aproval or is of a kind which the CAA considers that it requires for the purpose of reviewing the licence, certificate or approval in question,

• (ii) in the case of such a person as is mentioned in paragraph (c) of this subsection, descriptions of information which relates to his past, present or future activities in the United Kingdom connected with the making available of accommodation so mentioned,

• (iia) in the case of such a person as in mentioned in paragraph (ca) of this subsection, descriptions of information which relates to his past, present or future activities in the European Economic Area connected with the making available of accommodation so mentioned,

• (iii) in the case of such a person as is mentioned in paragraph (d) of this subsection or the holder of an aerodrome licence, descriptions of information which relates to his past, present or future activities (including, in the case of the holder of an aerodrome licence, information as to the numbers of aircraft and passengers and the quantity of cargo passing and expected to pass through the relevant aerodrome) and is of a kind which the CAA considers that it requires for the purpose of performing any of its functions.

• (iv) in the case of such a person as is mentioned in paragraph (e) of this subsection, descriptions of information which is of a kind which the CAA considers that it requires for the purpose of performing any of its functions under Part 1 of the Air Traffic Management and Unmanned Aircraft Act 2021 or for the purpose of giving any advice, assistance or information to the Secretary of State in connection with the performance of any of the Secretary of State's functions under Part 1 of that Act.

In this subsection “aerodrome licence” means a licence to operate an aerodrome issued by the CAA under an Air Navigation Order.

• (1A) Paragraphs (c) and (ca) of subsection (1) apply to a person who is the operator of the aircraft in question only if—

• (a) the person is not the holder of a licence issued by the CAA in accordance with the Operation of Air Services in the Community Regulation, or

• (b) the accommodation to be made available as mentioned in those paragraphs is not limited to flight accommodation within the meaning of section 71.

• (2) Without prejudice to the generality of subsection (1) above, the information relating to the activities of the holder of an air transport licence or operating licence which the CAA may require him to furnish in pursuance of that subsection includes particulars of any contract or arrangement—

• (a) to which he is or was at any time a party and, if he is not or was not then an operator of aircraft registered in the United Kingdom or a relevant overseas territory . . ., to which such an operator is or was then a party; and

• (b) which constitutes or relates to an agreement or understanding between operators of aircraft or such operators and other persons with respect to any of the following matters, that is to say—

• (i) the provision of flights or of accommodation in aircraft,

• (ii) the sharing or transfer of revenue from flights on particular routes,

• (iii) the sale by a party to the contract or arrangement of tickets for flights in aircraft operated by another party to it,

• (iv) the making available by a party to the contract or arrangement of staff, equipment or other facilities for use by another party to it.

• (3) Provision may be made by regulations made by the Secretary of State for requiring—

• (a) a person of any description specified in subsection (1) above, or

• (b) a person who holds a certificate under the Aerodromes Regulation authorising the operation of an aerodrome,

to furnish the Secretary of State, in such form and at such times as may be prescribed, with information of such descriptions as may be prescribed, being descriptions of information relating to civil aviation which the Secretary of State considers that he requires for the purpose of performing any of his functions or descriptions of information which he considers that he requires in order to facilitate the performance by the CAA of any of its functions.

• (4) If a person required to furnish information by virtue of any of the preceding provisions of this section fails to comply with the requirement or in purported compliance with the requirement knowingly or recklessly furnishes information which is false in a material particular, then—

• (a) in the case of a failure to comply with the requirement he shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale; and

• (b) in any other case he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both; and

• (c) if the requirement was made by virtue of subsection (1) or (2) above, the CAA may, whether or not any proceedings in respect of the requirement have been brought in pursuance of paragraph (a) or (b) of this subsection, revoke any licence or certificate or approval which was issued or given by the CAA and to which the requirement related;

and a person who fails to comply with a requirement imposed on him in pursuance of this section shall be guilty of an offence by virtue of paragraph (a) of this subsection notwithstanding that at any relevant time he is outside the United Kingdom and is neither a United Kingdom national nor a body incorporated under the law of a part of the United Kingdom or of a relevant overseas territory . . ..

Part IV — Aircraft

Design, construction and maintenance of aircraft

Modification of CAA’s duties with respect to British airlines in relation to certain air transport services.

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Rights etc. in relation to aircraft

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• (1) Her Majesty may by Order in Council make provision for the mortgaging of aircraft registered in the United Kingdom or capable of being so registered.

• (2) Without prejudice to the generality of the powers conferred by subsection (1) above, an Order in Council under this section may, in particular—

• (a) include provisions which correspond (subject to such modifications as appear to Her Majesty in Council to be necessary or expedient) to any of the provisions of the Merchant Shipping Act 1995 relating to the mortgaging of ships;

• (b) make provision as respects the rights and liabilities of mortgagors and mortgagees of such aircraft as are mentioned in subsection (1) above, and as respects the priority inter se of such rights and the relationship of such rights to other rights in or over such aircraft, including possessory liens for work done to such aircraft and rights under section 88 below or under regulations made by virtue of section 83 of the Transport Act 2000 (detention and sale of aircraft);

• (c) make provision as respects the operation, in relation to such aircraft as aforesaid, of any of the enactments in force in any part of the United Kingdom relating to bills of sale or the registration of charges on the property or undertaking of companies;

• (d) provide for the rights of mortgagees of such aircraft to be exercisable, in such circumstances as may be specified in the Order, in relation to payments for the use of the aircraft;

• (e) confer on courts in the United Kingdom powers in respect of any register maintained in pursuance of the Order and in respect of transactions affecting aircraft registered therein;

• (f) make provision for enabling the mortgage of an aircraft to extend to any store of spare parts for that aircraft and for applying, for that purpose, to any such spare parts provisions such as are mentioned in the preceding paragraphs of this subsection;

• (g) make provision specifying, subject to the consent of the Treasury, the fees to be paid in respect of the making or deletion of entries in any such register as aforesaid and in respect of any other matters in respect of which it appears to Her Majesty in Council to be expedient for the purposes of the Order to charge fees;

• (h) provide for the imposition of penalties in respect of the making of false statements in connection with matters dealt with in the Order and in respect of the forgery of documents relating to such matters.

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• (1) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel.

• (2) Where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.

• (3) Subsections (1) and (2) above shall have effect notwithstanding that the aircraft concerned is a foreign aircraft and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Her Majesty’s dominions.

• (4) Her Majesty may by Order in Council direct that any provisions of any Act for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such modifications, if any, as may be specified in the Order apply in relation to aircraft as those provisions apply in relation to vessels.

• (5) For the purposes of this section—

• (a) any provisions of an Act which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck; and

• (b) “Act” shall include any local or special Act and any provisions of the Harbours, Docks and Piers Clauses Act 1847, as incorporated with any local or special Act, whenever passed.

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• (1) Where default is made in the payment of airport charges incurred in respect of any aircraft at an aerodrome to which this section applies, the aerodrome authority may, subject to the provisions of this section—

• (a) detain, pending payment, either—

• (i) the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or

• (ii) any other aircraft of which the person in default is the operator at the time when the detention begins; and

• (b) if the charges are not paid within 56 days of the date when the detention begins, sell the aircraft in order to satisfy the charges.

• (2) An aerodrome authority shall not detain or continue to detain an aircraft under this section by reason of any alleged default in the payment of airport charges if the operator of the aircraft or any other person claiming an interest therein—

• (a) disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a)(i) above, that the charges in question were incurred in respect of that aircraft; and

• (b) gives to the authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.

• (3) An aerodrome authority shall not sell an aircraft under this section without the leave of the court; and the court shall not give leave except on proof—

• (a) that a sum is due to the authority for airport charges;

• (b) that default has been made in the payment thereof; and

• (c) that the aircraft which the authority seek leave to sell is liable to sale under this section by reason of the default.

• (4) An aerodrome authority proposing to apply for leave to sell an aircraft under this section shall take such steps as may be prescribed—

• (a) for bringing the proposed application to the notice of persons whose interests may be affected by the determination of the court thereon; and

• (b) for affording to any such person an opportunity of becoming a party to the proceedings on the application;

and, if leave is given, the aerodrome authority shall secure that the aircraft is sold for the best price that can reasonably by obtained.

• (5) Failure to comply with any requirement of subsection (4) above in respect of any sale, while actionable as against the aerodrome authority concerned at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.

• (6) The proceeds of any sale under this section shall be applied as follows, and in the following order, that is to say—

• (a) in payment of any duty (whether of customs or excise) chargeable on imported goods or value added tax which is due in consequence of the aircraft’s having been brought into the United Kingdom;

• (b) in payment of the expenses incurred by the aerodrome authority in detaining, keeping and selling the aircraft, including their expenses in connection with the application to the court;

• (c) in payment of the airport charges which the court has found to be due;

• (d) in payment of any charge in respect of the aircraft which is due by virtue of section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order);

and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale (with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations).

• (6A) In subsection (6) “the Cape Town Convention Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.

• (7) The power of detention and sale conferred by this section in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in subsections (2) to (6) above include, except where the context otherwise requires, references to any such equipment and stores.

• (8) The power of detention conferred by this section in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under this section, be transferred by the aerodrome authority to the purchaser.

• (9) The power conferred by this section to detain an aircraft in respect of which charges have been incurred may be exercised on the occasion on which the charges have been incurred or on any subsequent occasion when the aircraft is on the aerodrome on which those charges were incurred or on any other aerodrome owned or managed by the aerodrome authority concerned.

• (10) This section applies to any aerodrome owned or managed by any government department . . . or a local authority , other than a district council in Scotland, and to any other aerodrome designated for the purpose of this section by an order made by the Secretary of State; and in this section—

• “aerodrome authority” in relation to any aerodrome, means the person owning or managing it;

• “airport charges” means charges payable to an aerodrome authority for the use of, or for services provided at, an aerodrome but does not include charges payable by virtue of section 73 of the Transport Act 2000 or penalties payable by virtue of section 38C or 78A of this Act;

• “aircraft documents”, in relation to any aircraft, means any certificate of registration, maintenance or airworthiness of that aircraft, any log book relating to the use of that aircraft or its equipment and any similar document;

• “the court” means—

• (a) as respects England and Wales, the High Court; and

• (b) respects Scotland, the Court of Session.

• (11) The Secretary of State may, after consultation with any local authority which appears to him to be concerned, by order repeal any enactment in a local Act which appears to the Secretary of State to be unnecessary having regard to the provisions of this section or to be inconsistent therewith.

• (12) Nothing in this section shall prejudice any right of an aerodrome authority to recover any charges, or any part thereof, by action.

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• (1) Any lawful entry into the United Kingdom or any lawful transit across the United Kingdom, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in the United Kingdom, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.

• (2) Subject to subsection (3) below, the importation into, and storage in, the United Kingdom of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in the United Kingdom on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model.

• (3) Subsection (2) above shall not apply in relation to any spare parts or spare equipment which are sold or distributed in the United Kingdom or are exported from the United Kingdom for sale or distribution.

• (4) This section applies—

• (a) to an aircraft other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by Her Majesty by Order in Council with a view to the fulfilment of the provisions of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory; and

• (b) to such other aircraft as Her Majesty may by Order in Council specify.

• (5) Schedule 12 to this Act shall have effect with respect to detention on patent claims in respect of foreign aircraft other than aircraft to which this section applies.

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• (1) Her Majesty may by Order in Council make such provision as appears to Her Majesty in Council to be necessary or expedient for giving effect to the Convention on the International Recognition of Rights in Aircraft which was signed at Geneva on behalf of the United Kingdom on 19th June 1948.

• (2) Without prejudice to the generality of the powers conferred by subsection (1) above, an Order in Council under this section may, in particular, make provision—

• (a) for the recognition in the United Kingdom of rights of the kind specified in the Convention in or over aircraft registered in other states party to the Convention, being rights registered or recorded in those states in accordance with the Convention and recognised as valid by the law of the state party to the Convention in which the aircraft in question was registered when the rights were constituted;

• (b) for subordinating to any such rights as aforesaid, to such extent as may be required under the Convention, any other rights in or over such aircraft as aforesaid, including possessory liens for work done to such aircraft and rights under section 88 above or under regulations made by virtue of section 83 of the Transport Act 2000 (detention and sale of aircraft);

• (c) as respects the operation, in relation to such aircraft as aforesaid, of any of the enactments in force in any part of the United Kingdom relating to bills of sale or the registration of charges on the property or undertaking of companies;

• (d) for prohibiting the sale in execution of any such aircraft as aforesaid without an order of a court, and otherwise for safeguarding in the case of such a sale any such rights as are mentioned on paragraph (a) above;

• (e) for the recognition in the United Kingdom, in priority to other rights in or over any such aircraft as aforesaid or any aircraft registered in the United Kingdom or a relevant overseas territory, of any charge consequent on salvage or similar operations in respect of the aircraft, being a charge arising in accordance with the law of any other state party to the Convention in which those operations terminated;

• (f) for the application, in accordance with the Convention, of provisions corresponding to those made by virtue of paragraphs (a) to (d) above to cases where a right such as is mentioned in the said paragraph (a) (being a right created as security for the payment of indebtedness) extends to any store of spare parts for the aircraft in question.

Jurisdiction, etc.

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Her Majesty may by Order in Council make provision as to the courts in which proceedings may be taken for enforcing any claim in respect of aircraft, and in particular may provide—

• (a) for conferring jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction; and

• (b) for applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty.

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• (1) Any act or omission taking place on board a British-controlled aircraft or (subject to subsection (1A) below) a foreign aircraft while in flight elsewhere than in or over the United Kingdom which, if taking place in, or in a part of, the United Kingdom, would constitute an offence under the law in force in, or in that part of, the United Kingdom shall constitute that offence; but this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under that law when taking place outside the United Kingdom.

• (1A) Subsection (1) above shall only apply to an act or omission which takes place on board a foreign aircraft where—

• (a) the next landing of the aircraft is in the United Kingdom, and

• (b) in the case of an aircraft registered in a country other than the United Kingdom, the act or omission would, if taking place there, also constitute an offence under the law in force in that country.

• (1B) Any act or omission punishable under the law in force in any country is an offence under that law for the purposes of subsection (1A) above, however it is described in that law.

• (2) Subject to any provision to the contrary in any Act passed after 14th July 1967, no proceedings for any offence under the law in force in, or in a part of, the United Kingdom committed on board an aircraft while in flight elsewhere than in or over the United Kingdom (other than an offence under, or under any instrument made under, any of the air navigation enactments) shall be instituted—

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

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

...

• (2A) The requirement in subsection (1A)(b) above shall be taken to be met unless, not later than the rules of court may provide, the defence serve on the prosecution a notice—

• (a) stating that, on the facts as alleged with respect to the act or omission, the requirement is not in their opinion met;

• (b) showing the grounds for their opinion; and

• (c) requiring the prosecution to prove that it is met.

• (2B) The court, if it thinks fit, may permit the defence to require the prosecution to prove that the requirement is met without the prior service of a notice under subsection (2A) above.

• (2C) In the Crown Court the question whether the requirement is met is to be decided by the judge alone.

• (3) For the purpose of conferring jurisdiction, any offence under the law in force in, or in a part of, the United Kingdom committed on board an aircraft in flight shall be deemed to have been committed in any place in the United Kingdom (or, as the case may be, in that part thereof) where the offender may for the time being be.

• (4) For the purpose of this section the period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and any reference in this section to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country.

• (5) In this section, except where the context otherwise requires—

• “aircraft” means any aircraft, whether or not a British-controlled aircraft, other than—a military aircraft; orsubject to section 101(1)(b) below, an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of Her Majesty in right of the United Kingdom;

• “the air navigation enactments” means the enactments contained in sections 60 to 62, 72 to 77, 82, 83, 87 and 97 of this Act;

• “British-controlled aircraft” means an aircraft—which is for the time being registered in the United Kingdom; orwhich is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely—that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United Kingdom; andthat he resides or has his principal place of business in the United Kingdom; orwhich, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid;

• “ foreign aircraft ” means any aircraft other than a British-controlled aircraft;

• “military aircraft” means—an aircraft of the naval, military or air forces of any country; orany other aircraft in respect of which there is in force a certificate issued in accordance with any Order in Council in force under section 60, 87, 89, 91, 101(1)(a) or 107(2) of this Act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft;

and a certificate of the Secretary of State that any aircraft is or is not a military aircraft for the purposes of this section shall be conclusive evidence of the fact certified.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Powers of commander of aircraft

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• (1) The provisions of subsections (2) to (5) below shall have effect for the purposes of any proceedings before any court in the United Kingdom.

• (2) If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft—

• (a) that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise—

• (i) the safety of the aircraft or of persons or property on board the aircraft, or

• (ii) good order and discipline on board the aircraft, or

• (b) that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is a serious offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination,

then, subject to subsection (4) below, the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary—

• (i) to protect the safety of the aircraft or of persons or property on board the aircraft; or

• (ii) to maintain good order and discipline on board the aircraft; or

• (iii) to enable the commander to disembark or deliver that person in accordance with subsection (5) below,

and for the purposes of paragraph (b) of this subsection any British-controlled aircraft shall be deemed to be registered in the United Kingdom whether or not it is in fact so registered and whether or not it is in fact registered in some other country.

• (3) Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any such member shall if so required by that commander, render assistance in restraining any person whom the commander is entitled under subsection (2) above to restrain; and at any time when the aircraft is in flight any such member or other person may, without obtaining the authority of the commander, take with respect to any person on board the aircraft any measures such as are mentioned in that subsection which he has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.

• (4) Any restraint imposed on any person on board an aircraft under the powers conferred by the preceding provisions of this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to an appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification may be continued after that time—

• (a) for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (5) below; or

• (b) if the person under restraint agrees to continue his journey under restraint on board that aircraft.

• (5) The commander of an aircraft—

• (a) if in the case of any person on board the aircraft he has reasonable grounds—

• (i) to believe as mentioned in subsection (2)(a) above, and

• (ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft,

may disembark that person in any country in which that aircraft may be; and

• (b) if in the case of any person on board the aircraft he has reasonable grounds to believe as mentioned in subsection (2)(b) above, may deliver that person—

• (i) in the United Kingdom, to a constable or immigration officer; or

• (ii) in any other country which is a Convention country, to an officer having functions corresponding to the functions in the United Kingdom either of a constable or of an immigration offier.

• (6) The commander of an aircraft—

• (a) if he disembarks any person in pursuance of subsection (5)(a) above, in the case of a British-controlled aircraft, in any country or, in the case of any other aircraft, in the United Kingdom, shall report the fact of, and the reasons for, that disembarkation to—

• (i) an appropriate authority in the country of disembarkation; and

• (ii) the appropriate diplomatic or consular office of the country of nationality of that person;

• (b) if he intends to deliver any person in accordance with subsection (5)(b) above in the United Kingdom or, in the case of a British-controlled aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor—

• (i) where the country in question is the United Kingdom, to a constable or immigration officer or, in the case of any other country, to an officer having functions corresponding to the functions in the United Kingdom either of a constable or of an immigration officer;

• (ii) in either case to the appropriate diplomatic or consular office of the country of nationality of that person;

and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be liable on summary conviction to a fine not exceeding £100.

• (7) In this section—

• “commander” in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft; and

• “pilot in command” in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

and, subject to subsection (8) below, subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.

• (8) The time during which an aircraft is in flight shall, for the purposes of this section, be deemed to include, in addition to such a period as is mentioned in subsection (4) of section 92 above—

• (a) any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation after that flight; and

• (b) if the aircraft makes a forced landing, any period thereafter until the time when competent authorities of the country in which the forced landing takes place take over the responSibility for the aircraft and for the persons and property on board the aircraft (being, if the forced landing takes place in the United Kingdom, the time when a constable arrives at the place of landing).

Evidence, etc.

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• (1) Where in any proceedings before a court in the United Kingdom for an offence committed on board an aircraft the testimony of any person is required and the court is satisified that the person in question cannot be found in the United Kingdom, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside the United Kingdom which was so made—

• (a) in the presence of the person charged with the offence; and

• (b) before a judge or magistrate of a country such as is mentioned in Schedule 3 to the British Nationality Act 1981 as for the time being in force or 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, or before a consular officer of Her Majesty’s Government in the United Kingdom.

• (2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made who shall certify that the person charged with the offence was present at the taking of the deposition.

• (3) It shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate, and such a certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition.

• (4) If a complaint is made to such a consular officer as aforesaid that —

• (a) any offence has been committed on a British-controlled aircraft while in flight elsewhere than in or over the United Kingdom, or

• (b) there has taken place on board a foreign aircraft an act or omission which constitutes an offence by virtue of section 92(1) above,

that officer may inquire into the case upon oath.

• (5) In this section—

• “deposition” includes any affidavit, affirmation or statement made upon oath; and

• “oath” includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing;

and subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.

• (6) Nothing in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.

96

• (1) In any legal proceedings—

• (a) a document purporting to be certified by such authority or person as may be designated for the purpose by regulations made by the Secretary of State as being, or being a true copy of, or of part of, a document issued or record kept in pursuance of—

• (i) an Air Navigation Order, or

• (ii) the Civil Aviation (Licensing) Act 1960,

by, or by the Minister in charge of, a government department, by an official of a government department specified for the purpose in an Air Navigation Order or by the Air Registration Board or the Air Transport Licensing Board, or

• (b) a document printed by either Her Majesty’s Stationery Office or the CAA and purporting to be the publication known as the “United Kingdom Air Pilot” or a publication of the series known as “Notam—United Kingdom”,

shall be evidence, and in Scotland sufficient evidence, of the matters appearing from the document.

• (2) In any legal proceedings any record made by any such authority or person as may be designated for the purposes of this subsection by regulations made by the Secretary of State, or by a person acting under the control of such an authority or person, being a record purporting to show—

• (a) the position of an aircraft at any material time, or

• (b) the terms or content of any message or signal transmitted to any aircraft, either alone or in common with other aircraft, or received from any aircraft, by the first-mentioned authority or person, or by a person acting under the control of that authority or person,

shall, if produced from the custody of that authority or person, be evidence, and in Scotland sufficient evidence, of the matters appearing from the record.

• (3) The references in subsection (2) above to a record made by or under the control of any authority or person include references to a document or article purporting to be a copy of a record so made, and certified to be a true copy by or on behalf of that authority or person; and in relation to such a copy that subsection shall have effect as if the words “if produced from the custody of that authority or person” were omitted.

• (4) Any person who wilfully certifies any document or article to be a true copy of any such record as is mentioned in subsection (2) above knowing it not to be a true copy shall be liable—

• (a) on summary conviction, to a fine not exceeding 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.

• (5) In this section “record” has the same meaning as in section 73 above.

Seaplanes

97

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purpose of the Dockyard Ports Regulation Act 1865 seaplanes when on the surface of the water shall be deemed to be vessels.

• (3) In section 28 of the Harbours, Docks and Piers Clauses Act 1847 (which relates to the exemption of certain vessels from harbour rates) as incorporated with any statutory provision, the expression “vessel” shall be deemed to include any aircraft on the surface of the water, being an aircraft which is designed to float or manoeuvre on water.

• (4) Subject to subsection (5) below, any enactment which confers or imposes on a conservancy or harbour authority any power or duty to make byelaws for the regulation of ships or vessels shall be construed as if the power or duty so conferred or imposed included a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, and also a power to include in the byelaws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by the enactment in question to exercise as respects ships or vessels.

• (5) Byelaws made by virtue of subsection (4) above shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane.

• (6) Where any enactment, whether by virtue of subsection (4) above or not, confers or imposes on a conservancy or harbour authority a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, or to include in the byelaws such provisions as are mentioned in that subsection, the following provisions shall have effect—

• (a) in the case where the enactment provides that the byelaws shall not come into force unless they have been confirmed or approved by some government department, byelaws made thereunder in relation to seaplanes shall not be confirmed or approved by that department except after consultation with the Secretary of State;

• (b) in a case where the enactment in question does not provide as aforesaid, byelaws made thereunder in relation to seaplanes shall not, except in a case where they are required to be allowed or approved by a court or a judge, come into force unless they have been confirmed by the Secretary of State;

• (c) in a case where the enactment in question provides that the byelaws shall not come into force unless they have been allowed or approved by a court or a judge, the conservancy or harbour authority shall, before making application to that court or judge for the allowance of the byelaws, forward a copy thereof to the Secretary of State, and the court or judge shall, before allowing or approving the byelaws, take into consideration any representations made with respect thereto by or on behalf of the Secretary of State.

• (6) In this section—

• “byelaws” includes rules and regulations;

• “conservancy authority” and “harbour authority” shall have the the same meaning as in the Merchant Shipping Act 1995;

• “enactment” includes any provisional order for the time being in force (whether or not it has been confirmed by an Act);

• “seaplane” includes a flying boat and any other aircraft designed to manoeuvre on the water;

and, for the purposes of this section, seaplanes taking off from or alighting on the water shall be deemed to be on the surface of the water while in contact therewith.

Supplemental

98

If the Secretary of State is satisfied that the requirements of Article 18 of the Tokyo Convention have been satisfied (which Article makes provision as to the country which is to be treated as the country of registration of certain aircraft operated by joint air transport organisations or international operating agencies established by two or more Convention countries) the Secretary of State may by order provide that for the purposes of sections 92 to 95 above such aircraft as may be specified in the order shall be treated as registered in such Convention country as may be so specified.

Part V — Miscellaneous and General

Design, construction and maintenance of aircraft.

99

• (1) Where an offence to which this subsection applies has been committed by a body corporate and 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 subsection (1) above 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.

• (3) Any offence to which this subsection applies shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be.

• (4) Subsection (1) above applies to any offence under section 44, 45, 50, 64(5), 67(6), 82, 83 or 84(4) above , under regulations made by virtue of section 7(2)(b) or 71(1) or (3) above or under an Air Navigation Order .

• (5) Subsection (3) above applies to any offence under any provision made by or under this Act, except, without prejudice to section 92(3) above—

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

• (b) an offence under section 44, 45, 50, 83 or 94(6) above;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) an offence consisting in a contravention of an Order in Council under section 86 above.

100

The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the Hovercraft Act 1968 (power to apply enactments and instruments in relation to hovercraft etc.) shall include this Act and any instrument made under it.

101

• (1) Her Majesty may by Order in Council—

• (a) apply to any aircraft belonging to or exclusively employed in the service of Her Majesty, with or without modification, any of the provisions of this Act mentioned in subsection (2) below (being provisions which do not otherwise apply to such aircraft) or any Orders in Council, orders or regulations under those provisions;

• (b) apply the provisions of sections 92 to 95 above, with or without modifications, to aircraft such as are excluded from the definition of “aircraft” in subsection (5) of the said section 92 by paragraph (b) of the definition.

• (2) The provisions of this Act referred to in subsection (1)(a) above are sections 60 and 61, 75 to 77, ...87, 89, 91, 96 and 97 and Part III of Schedule 13.

102

• (1) Any power conferred on the Secretary of State by this Act to make an order or regulations, other than a power conferred by a provision of this Act specified in Part I of Schedule 13 to this Act, shall be exercisable by statutory instrument.

• (2) The powers to make Orders in Council, orders and regulations which are conferred by virtue of the provisions of this Act specified in column 1 of Part II of the said Schedule 13 (being the Orders in Council, orders and regulations a general description of which is given in column 2 of that Part)—

• (a) are, to the extent specified in column 3 of that Part, conferred subject to subsections (3) and (4) below; and

• (b) shall, to the extent specified in column 4 of that Part, include the powers conferred by virtue of Part III of that Schedule.

• (3) Where an entry in column 3 of the said Part II specifies that a power to make an Order in Council is subject to the affirmative resolution procedure, the Order shall not be submitted to Her Majesty in Council unless a draft of the Order has been laid before Parliament and approved by a resolution of each House.

• (3A) Where an entry in the said column 3 specifies that a power to make regulations is subject to the affirmative resolution procedure, a statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.

• (4) Where an entry in the said column 3 specifies that a power to make an Order in Council, order or regulations is subject to the negative resolution procedure, the Order in Council, order or regulations, as the case may be, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Any power to make an order which is conferred by a provision of this Act specified in Part I of Schedule 13, except the power to make a vesting order under section 42(2) above, shall be construed as including a power exercisable in the like manner and subject to the like provisions (if any) to vary or revoke the order.

103

For the purposes of the application of this Act to Scotland, any inquiry in relation to an order which by virtue of any provision of this Act is subject to special parliamentary procedure, shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936, and where any direction has been so given—

• (a) it shall be deemed to have been so given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945; and

• (b) nothing in section 267 of the Town and Country Planning (Scotland) Act 1972, as applied by virtue of paragraph 4 or paragraph 8 of Schedule 10 to this Act, shall apply to such inquiry.

104

• (1) Except where the context otherwise requires, nothing in this Act applying (in whatever terms) in relation to property (including any aerodrome) which is owned or managed or controlled by the Secretary of State or which he proposes to acquire shall apply in relation to such property unless, as the case may be, he owns, manages, controls or proposes to acquire the property in connection with the exercise of his functions relating to civil aviation.

• (2) Any reference in this Act to the carrying out of works on land shall be construed as including a reference to the making of excavations on the land or to the carrying out of levelling operations on the land; and references to the maintenance of works or to interference with works shall be construed accordingly.

105

• (1) In this Act, except where the context otherwise requires—

• “accounting year”, in relation to the CAA, means the period of twelve months ending with 31st March in any year;

• “aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;

• "the Aerodromes Regulation" means Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council;

• “Air Navigation Order” means an Order in Council under section 60 above;

• “air navigation services” includes information, directions and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft, and includes the control of movement of vehicles in any part of an aerodrome used for the movement of aircraft;

• “air transport licence” has the meaning given by section 64(1)(a) above;

• “air transport service” means a service for the carriage by air of passengers or cargo;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the appropriate tribunal” means—in the application of this Act to England and Wales, the Upper Tribunal;in the application of this Act to Scotland, the Lands Tribunal for Scotland;in the application of this Act to Northern Ireland, the Lands Tribunal for Northern Ireland;

• “the CAA” means the Civil Aviation Authority;

• “cargo” includes mail;

• “the Chicago Convention” means the convention on International Civil Aviation which was, on 7th December 1944, signed on behalf of the Government of the United Kingdom at the International Civil Aviation Conference held at Chicago;

• ...

• “Convention country” means a country in which the Tokyo Convention is for the time being in force; and Her Majesty may by Order in Council certify that any country specified in the Order is for the time being a Convention country and any such Order in Council for the time being in force shall be conclusive evidence that the country in question is for the time being a Convention country;

• ...

• ...

• “enactment” includes any assimilated direct legislation and any enactment contained in an Act of the Parliament of Northern Ireland, an Order in Council under section 1(3) of the Northern Ireland (Temporarary Provisions) Act 1972 or a Measure of the Northern Ireland Assembly;

• “Eurocontrol” and “the Eurocontrol Convention” have the meanings given by section 24 above;

• “flight” means a journey by air beginning when the aircraft in question takes off and ending when it next lands;

• “functions” includes powers and duties;

• “the initial debt” has the meaning given by section 9(1) above;

• “the Land Compensation Act”—in relation to England and Wales, means the Land Compensation Act 1961;in relation to Scotland, means the Land Compensation (Scotland) Act 1963; andin relation to Northern Ireland, means, subject to subsection (7) below, the Acquisition of Land (Assessment of Compensation) Act 1919;

• ...