Airports Act 1986

• (3) Subsections (9) and (10) of the said section 78 (enforcement) shall apply for the purposes of this section as if, in subsection (9) of that section, any reference to subsection (8) of that section were a reference to subsection (1) of this section.

Duty of CAA with respect to implementation of recommendations concerning airport capacity

69

• (1) If, after considering any recommendations made to him by the CAA in pursuance of section 16(2) of the 1982 Act (recommendations concerning airport capacity), the Secretary of State so directs, the CAA shall take such steps as it considers appropriate for the purpose of encouraging or facilitating the provision (whether by an airport operator or any other person) of any facilities or services that are necessary for the implementation of those recommendations.

• (2) The steps taken by the CAA in pursuance of subsection (1)—

• (a) may, without prejudice to the generality of that subsection, include the furnishing of information, the provision of assistance to persons requesting it and the provision of advice (whether or not requested); but

• (b) shall not include the carrying out of any works of construction or alteration or the defraying of, or the making of any contribution towards, expenses incurred by any other person in carrying out any such works.

• (3) Before embarking on the performance of its duty under subsection (1) with respect to any recommendations the CAA shall consult the airport operator in the case of any relevant airport as to the manner in which that duty is to be performed by the CAA.

• (4) Without prejudice to the generality of section 11 of the 1982 Act, a scheme or regulations under that section may make provision for charges to be paid in respect of the performance by the CAA of its duty under subsection (1) above with respect to any recommendations, and for such charges to be paid by—

• (a) the airport operator in the case of any relevant airport, and

• (b) any person for whom assistance or advice has, at his request, been provided by the CAA in pursuance of that duty;

but if such provision is not made by any such scheme or regulations the CAA shall be entitled to recover an amount or amounts in respect of any expenses reasonably incurred by it in performing that duty from such one or more persons falling within paragraphs (a) and (b) above as the CAA considers appropriate.

• (5) An airport is a relevant airport for the purposes of subsection (3) or (4) if—

• (a) the recommendations referred to in that subsection relate to the airport, or

• (b) the airport is an airport to which Part 5 applies , and it and any new airport to which those recommendations relate would be airports serving the same area in the United Kingdom;

and the reference in paragraph (b) above to airports serving the same area in the United Kingdom shall be construed in accordance with section 31(6),

• (6) Section 4 of the 1982 Act applies in relation to the performance by the CAA of its functions under this section.

Extension of Shops (Airports) Act 1962

70

Section 1 of the Shops (Airports) Act 1962 (exemption of traders at certain airports from restrictions under Part I of the Shops Act 1950 on hours of closing) shall have effect in relation to the provisions of Part IV of the Shops Act 1950 (Sunday trading) as well as in relation to the provisions of Part I of that Act; and accordingly, in subsection (1) of that section, after “hours of closing)” there shall be inserted “and of Part IV of that Act (which relates to Sunday trading)”.

Capital controls in relation to local authority airport undertakings other than public airport companies

71

Constitution of CAA

Increase in maximum number of members of CAA

72

In section 2(2) of the 1982 Act (which provides that the CAA shall consist of not less than six nor more than twelve members), for “twelve” there shall be substituted “sixteen”.

Supplementary

Furnishing of information etc. to CAA

73

• (1) The CAA may by notice in writing served on any person require him at such time or times as may be specified in the notice—

• (a) to produce to the CAA such documents or descriptions of documents specified in the notice, and

• (b) to furnish to the CAA, in such form as may be specified in the notice, such accounts, estimates, returns or other information,

as the CAA may reasonably require for the purpose of performing its functions under this Act or for the purpose of giving any advice, assistance or information to the Secretary of State in connection with the performance by him of any functions under this Act.

• (2) A person shall not by virtue of subsection (1) be compelled—

• (a) to produce any documents which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Sessions, or

• (b) in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.

• (3) Any person who fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

• (4) Any person who, in purported compliance with the requirements of any such notice, knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

Restriction on disclosure of information

74

• (1) Subject to the following provisions of this section, no information with respect to any particular business which has been obtained under or by virtue of the provisions of this Act shall, so long as the business continues to be carried on, be disclosed without the consent of the person for the time being carrying it on.

• (2) Subsection (1) does not apply to any disclosure of information which is made—

• (a) for the purpose of facilitating the performance of any functions under this Act or any of the enactments or subordinate legislation specified in subsection (3) of any Minister, any Northern Ireland department, the head of any such department, the CAA, the Competition and Markets Authority the Water Services Regulation Authority the Director General of Electricity Supply the Director General of Electricity Supply for Northern Ireland or the Director General of Gas for Northern Ireland the Office of Rail and Road or a local weights and measures authority in Great Britain;

• (b) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

• (c) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or subordinate legislation specified in subsection (3);

• (d) in pursuance of any assimilated obligation.

• (3) The enactments and subordinate legislation referred to in subsection (2) are—

• (a) the Trade Descriptions Act 1968;

• (b) the Fair Trading Act 1973;

• (c) the Consumer Credit Act 1974;

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

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the Estate Agents Act 1979;

• (g) the Competition Act 1980; ...

• (h) the 1982 Act and any Order in Council made under section 60 of that Act (Air Navigation Orders).

• (i) the Consumer Protection Act 1987.

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) the Water Act 1989 the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991) , or the Water Act 2003 or the Water Act 2014.

• (l) the Electricity Act 1989.

• (ll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (m) the Electricity (Northern Ireland) Order 1992

• (mm) the Gas (Northern Ireland) Order 1996;

• (n) the Railways Act 1993

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

• (p) the Competition Act 1998.

• (q) Part I of the Transport Act 2000.

• (r) the Enterprise Act 2002

• (s) the Railways Act 2005.

• (t) the Water and Sewerage Services (Northern Ireland) Order 2006.

• (u) the Business Protection from Misleading Marketing Regulations 2008;

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (w) the Airport Charges Regulations 2011.

• (x) Part 1 of the Civil Aviation Act 2012

• (y) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013

• (z) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

• (i) Part 3;

• (ii) Chapter 1 of Part 4;

• (iii) Chapter 2 of Part 5.

• (4) Nothing in subsection (1) shall be construed—

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

• (b) as applying to any information which has been made public as part of a report of the Competition Commission under section 45 (prior to the abolition of the Competition Commission by section 26 of the Enterprise and Regulatory Reform Act 2013).

• (5) Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

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

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

Supplementary provisions relating to transfer schemes

75

• (1) A scheme under section ... 15 may define the property, ri ghts and liabilities to be transferred by the scheme—

• (a) by specifying the property, rights and liabilities in question, or

• (b) by referring to all the property, rights and liabilities comprised in the whole or any specified part of the transferor’s undertaking,

(or partly in one way and partly in the other) and may contain such supplementary, incidental and consequential provisions as may appear to the authority making the scheme to be necessary or expedient (including, in particular, provision with respect to the consideration to be furnished by the transferee for any transfer under the scheme, whether ... it is to be furnished to the transferor or to any other person).

• (2) A scheme under section ... 15 may—

• (a) provide that any functions of the transferor under any statutory provision not contained in this Act shall, to the extent to which that provision relates—

• (i) to property transferred by the scheme, or

• (ii) to any undertaking of the transferor, or part of such an undertaking, so transferred,

be transferred to the transferee under the scheme; and

• (b) define any such functions—

• (i) by specifying the statutory provision in question,

• (ii) by referring to all the statutory provisions (not contained in this Act) which relate to the property, or to the undertaking or part of the undertaking, to be transferred by the scheme, or

• (iii) by referring to all the statutory provisions within sub-paragraph (ii), but specifying certain excepted provisions.

• (3) Subject to the following provisions of this section, Schedule 4 to the Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under section ... 15(7); and each of those provisions shall have effect subject to the provisions of that Schedule.

• (4) In Schedule 4 to that Act as it applies by virtue of subsection (3)—

• (a) any reference to a transfer by, or a vesting by virtue of, that Act shall be read as a reference to a transfer by, or a vesting by virtue of, the scheme in question;

• (b) the reference in paragraph 8 to any of the transferred rights and liabilities shall be read as including a reference to any property or functions transferred by the scheme;

• (c) the reference in paragraph 10, in relation to pending legal proceedings or applications, to any transferred property, right or liability shall be read as including a reference to any functions transferred by the scheme; and

• (d) the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act.

• (5) The Secretary of State may by order make modifications in Schedule 4 for the purposes of its application to transfers under section ... 15(7) of this Act.

• (6) For the purposes of this Act, and of Schedule 4 as it applies by virtue of subsection (3), the granting of a lease of any property by a scheme under section ... 15 to the transferee under the scheme shall be regarded as a transfer of that property to him by the scheme.

• (7) In this section “statutory provision” means any provision (whether of a general or special nature) contained in, or having effect under, any Act (whether public general or local).

Stamp duty

76

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

• (3) Stamp duty shall not be chargeable—

• (a) on any scheme made under section ... 15; or

• (b) on any instrument which is certified to the Commissioners of Inland Revenue by the transferring authority, or (as the case may be) by both or all of the transferring authorities, as having been made or executed in pursuance of Schedule 4 to the Transport Act 1968 as it applies in relation to any such scheme by virtue of section 75(3).

• (4) An instrument such as is mentioned in subsection (3)(b) shall not be treated as duly stamped unless it is stamped with the duty to which it would be liable but for subsection (3), or it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Corporation tax

77

• (1) Subject to subsection (2), the successor company shall be treated for all purposes of corporation tax as if it were the same person as the BAA.

• (2) The successor company shall not by virtue of subsection (1) be regarded as a body falling within section 170(12) of the Taxation of Chargeable Gains Act 1992 (bodies established for carrying on industries or undertakings under national ownership or control).

• (3) For the purposes of Part VI of the Income and Corporation Taxes Act 1988 (company distributions) and Part 5 of the Corporation Tax Act 2009 (loan relationships), any debentures of the company issued in pursuance of section 4 shall be treated as having been issued for new consideration equal to the principal sum payable under the debenture.

• (4) For the avoidance of doubt it is hereby declared that—

• (a) any issue of shares in pursuance of section 4 is to be regarded as a subscription for shares for the purposes of section 400(9) of the 1988 Act (write-off of government investment: restriction of tax losses); and

• (b) where any debentures are issued in pursuance of section 4, the principal sums payable under the debentures are to be regarded as money lent for those purposes.

• (5) Where in the case of a claim of group relief—

• (a) the claimant company is the BAA or the successor company and the surrendering company is a company to whom property, rights or liabilities have been transferred by a scheme made under section 1, and

• (b) the claim relates to the accounting period of the surrendering company first ending after that transfer, and

• (c) the corresponding accounting period of the claimant company ends with the same date as that accounting period,

then, for the purposes of section 408(2) of the 1988 Act (corresponding accounting periods) as it applies in relation to the claim, those accounting periods shall be taken to coincide and, for the purposes of section 409(1) of that Act (companies joining or leaving group) as it so applies, the claimant company and the surrendering company shall be taken to have been members of the same group throughout each of those periods (notwithstanding anything in section 409(2) and (3) of that Act).

• (6) In this section “the 1988 Act” means the Income and Corporation Taxes Act 1988, and in subsection (5) above expressions used in sections Chapter IV of Part X of that Act (group relief) have the same meanings as in those sections.

Offences by bodies corporate

78

• (1) Where a body corporate is guilty of an offence under this Act and that offence 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 an offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) 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.

Orders and regulations

79

• (1) Any power conferred on the Secretary of State by this Act to make an order or regulations shall be exercisable by statutory instrument.

• (2) Any statutory instrument containing—

• (a) an order made by the Secretary of State under this Act, other than an order appointing a day or an order under section ... 32, or

• (b) any regulations under this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament , unless it is an instrument described in subsection (4A) .

• (3) No order shall be made under section 32 unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (4) A draft of an order under that section which would, apart from the provisions of this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

• (4A) A statutory instrument that contains (whether alone or with other provision) an order under section 57A(11) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) Any regulations under section 28 or order under section 64(3) ... may make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

Directions etc.

80

• (1) It shall be the duty of any person to whom the Secretary of State gives directions under this Act to give effect to those directions.

• (2) Subject to any express provision contained in this Act, any direction given by the Secretary of State under a provision of this Act may be varied or revoked by a subsequent direction given under that provision.

• (3) Any determination made by the Secretary of State under this Act shall be notified by him to such persons appearing to him to be likely to be affected by it as he considers appropriate.

• (4) Any direction or notification given under this Act shall be in writing.

Financial provisions

81

There shall be paid out of money provided by Parliament—

• (a) any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act;

• (b) any sums required by him for making grants under section 67; and

• (c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

General interpretation.

82

• (1) In this Act—

• “the 1975 Act” means the Airports Authority Act 1975;

• “the 1982 Act” means the Civil Aviation Act 1982;

• “airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the 1982 Act;

• “airport operator” means the person for the time being having the management of an airport, or, in relation to a particular airport, the management of that airport;

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

• “the appointed day” means the day appointed under section 2(1);

• “the BAA” means the British Airports Authority;

• “the CAA” means the Civil Aviation Authority;

• “cargo” includes mail;

• “debenture” includes debenture stock;

• “functions” includes powers and duties;

• “modifications” includes additions, omissions and amendments;

• “operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft;

• “the registrar of companies” has the same meaning as in the Companies Acts (see section 1060 of the Companies Act 2006);

• “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

• “shares” includes stock;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978;

• “subsidiary” has the meaning given by section 1159 of the Companies Act 2006;

• “the successor company” means the company nominated for the purposes of section 2;

• “user”, in relation to an airport, means—

• (a) a person for whom any services or facilities falling within subsection (1A) are provided at the airport, or

• (b) a person using any of the air transport services operating from the airport.

• (1A) The services and facilities mentioned in the definition of “user” in subsection (1) are services or facilities provided at an airport for the purposes of—

• (a) the landing, parking or taking off of aircraft,

• (b) the servicing of aircraft (including the supply of fuel), or

• (c) the handling of passengers or their baggage or of cargo at all stages while on airport premises.

• (1B) The services and facilities mentioned in subsection (1A)(c)—

• (a) include services and facilities provided for the purposes of the transfer of passengers, their baggage or cargo to and from aircraft, but

• (b) do not include facilities for car parking, for the refreshment of passengers or for the supply of consumer goods or services.

• (1C) Subject to subsection (1F), a reference in this Act to an aircraft includes a reference to a medium-range rocket.

• (1D) In subsection (1C) “rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant).

• (1E) For the purposes of subsection (1C) a rocket is a “medium-range” rocket if—

• (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but

• (b) it is not capable of operating above the stratosphere.

• (1F) The Secretary of State may by order—

• (a) provide that subsection (1C) does not apply to any specified provisions of this Act;

• (b) provide for any provision of this Act, as it has effect by virtue of subsection (1C), to apply with specified modifications.

• (2) A company shall be regarded for the purposes of this Act as wholly owned by the Crown at any time when each of the issued shares in the company is held by, or by a nominee of, the Treasury or the Secretary of State.

• (3) Any reference in section 14 ... to the business carried on at any airport by the airport operator shall, in a case where the person for the time being having the management of the airport has not had its management for the whole or any part of any period relevant for the purposes of that section, be construed as including a reference to the business carried on there by any other person who had the management of the airport for the whole or any part of that period.

• (4) For the purposes of this Act a body corporate shall be treated as an associated company of an airport operator if either that body or the airport operator is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of one and the same body corporate.

Amendments, transitional provisions and repeals

83

• (1) The enactments mentioned in Schedule 4 shall have effect subject to the amendments there specified (being amendments consequential on the preceding provisions of this Act).

• (2) The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or subordinate legislation made, before the appointed day as appear to him to be necessary or expedient in respect of any reference in that Act or subordinate legislation to the BAA.

• (3) The Secretary of State may, after consulting 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 the provisions of this Act or to be inconsistent with any provision of this Act.

• (4) The transitional provisions and savings contained in Schedule 5 shall have effect; but nothing in that Schedule shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).

• (5) The enactments mentioned in Schedule 6 are hereby repealed to the extent specified in the third column of that Schedule.

Application of provisions of Act to certain overseas territories

84

• (1) Her Majesty may by Order in Council direct that any of the following, namely—

• (a) sections 30 and 35, and

• (b) any provision of section 78, 80 or 82,

shall extend, with such modifications (if any) as may be specified in the Order, to any of the Channel Islands or to any colony.

• (2) An Order in Council under this section may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.

Short title, commencement and extent

85

• (1) This Act may be cited as the Airports Act 1986.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) With the exception of the provisions mentioned in subsection (8), this Act does not extend to Northern Ireland.

• (8) Those provisions are—

• section 2(4);

• Part III;

• section 68;

• sections 72 to 74;

• sections 78 to 82;

• section 83(1) and (5) and Schedules 4 and 6 so far as they amend or repeal any enactment extending to Northern Ireland; and

• this section.

SCHEDULE 1

Preliminary

1

This Schedule has effect for the purpose of authorising or requiring the imposition by the CAA under this Part (as it applies in accordance with this Schedule) of the following conditions in relation to an airport, namely—

• (a) conditions under section 40(1) or 41(1) with respect to the accounts of an associated company of the airport operator, and

• (b) conditions under section 41(2) or 46(2) in respect of a course of conduct pursued by such a company,

and for related purposes; and in this Schedule any such conditions are referred to as “subsidiary conditions”.

Section 39

2

Section 39(1) and (4) shall apply to any subsidiary conditions for the time being in force in relation to an airport as if—

• (a) references to the airport operator were6references to the associated company of the airport operator with respect to whose accounts the conditions were imposed or (as the case may be) that pursued the course of conduct in respect of which the conditions were imposed, and

• (b) references to any such conditions as are mentioned in section 39(1) were references to any such conditions as are mentioned above.

Section 40

3

• (1) Where an associated company of the airport operator in the case of any airport either carries on operational activities relating to the airport or is entitled to grant rights by virtue of which any such activities may be carried on by other persons, section 40(2) shall have effect in relation to the airport with the modifications specified in sub-paragraphs (2) to (4) below.

• (2) After paragraph (a) there shall be inserted the following paragraph—

(aa) such conditions as the CAA considers appropriate to secure that the accounts of any associated company of the airport operator, being a company which either carries on operational activities relating to the airport or is entitled to grant rights by virtue of which any such activities may be carried on by other persons, disclose— (i) any subsidy furnished (whether by the making of loans on non-commercial terms or otherwise) by any person or authority to the company in connection with its business so far as consisting of the carrying on of operational activities relating to the airport, and the identity of any such person or authority, (ii) any subsidy so furnished to that business by the company out of funds attributable to any other activities carried on by it, and (iii) the aggregate income and expenditure of the company attributable to any such operational activities (whether carried on by the company or by some other person); and

.

• (3) After “the airport operator” where it occurs in paragraph (b) there shall be inserted “or the associated company”.

• (4) After “the airport operator” where it last occurs there shall be inserted “or in paragraph (aa) to the accounts of any associated company of the airport operator”.

• (5) Where—

• (a) sub-paragraph (1) above does not apply to an airport at the time when conditions are imposed in relation to the airport under section 40(1)(a) or (b), but

• (b) at any later time it appears to the CAA that that sub-paragraph then applies to the airport,

the CAA shall thereupon impose in relation to the airport such conditions as are mentioned in paragraphs (aa) and (b) of section 40(2) as modified by this paragraph.

Section 41

4

In section 41—

• (a) in subsection (1), the reference to section 40(2) shall be construed as including, in relation to an airport to which sub-paragraph (1) of paragraph 3 above applies, a reference to section 40(2) as modified by that paragraph,

• (b) in subsections (2), (3)(a) and (b) and (6), references to the airport operator shall be construed as including references to an associated company of the airport operator, and

• (c) in relation to such a company—

• (i) the reference in subsection (2) to subsection (3) shall be construed as a reference to subsection (3)(a) and (b) (as modified by paragraph (b) above), and

• (ii) the reference in subsection (6) to subsection (3)(a), (b) or (c) shall be construed as a reference to subsection (3)(a) or (b) (as so modified).

Section 42

5

In section 42(2) and (3)—

• (a) references to an airport operator shall be construed as including references to an associated company of an airport operator, and

• (b) in relation to such a company, references to any provision of section 41 shall be construed as references to that provision as modified by paragraph 4 above.

Section 43

6

• (1) Where an associated company of the airport operator in the case of any airport either carries on operational activities relating to the airport or is entitled to grant rights by virtue of which any such activities may be carried on by other persons, section 43(2) shall have effect in relation to any reference under section 43(1) with respect to the airport with the insertion after paragraph (a) of the following paragraph—

(aa) whether any associated company of the airport operator has, at any time during the relevant period, pursued— (i) in relation to any operational activities carried on by the company and relating to the airport, or (ii) in relation to the granting of a right by virtue of which any operational activities relating to the airport may be carried on by any other person or persons, a course of conduct which has operated or might be expected to operate against the public interest; and

.

• (2) In section 43(3), as it applies in relation to an associated company of an airport operator in accordance with this Schedule, the reference to the airport operator shall be construed as a reference to the associated company in question.

Section 44

7

• (1) In relation to any reference to which paragraph 6(1) above applies, section 44(1)(a) shall have effect with the insertion at the end of sub-paragraph (ii) of “and any course of conduct which, in its opinion, has been pursued by an associated company of the airport operator in relation to any of the matters specified in subsection (2)(aa) of that section and has operated, or might be expected to operate, against the public interest,”.

• (2) in section 44(4) the reference to the airport operator concerned shall—

• (a) in the case of a reference or variation under section 43 relating only to a course of conduct pursued by an associated company of an airport operator, be construed as a reference to that company, and

• (b) in the case of a reference or variation under that section relating to courses of conduct pursued by an airport operator and such a company respectively, be construed as a reference to both the airport operator and the company.

Section 45

8

• (1) In section 45(3) the reference to an airport operator shall, in the case of a reference under section 43 relating wholly or in part to a course of conduct pursued by an associated company of an airport operator, be construed as, or as including, a reference to any such company (as the case may require).

• (2) In section 45(6) the reference to the airport operator concerned shall be construed as mentioned in paragraph 7(2) above according to the nature of the reference under section 43.

Section 48

9

• (1) In section 48(1)(a) the reference to the airport operator in relation to an airport shall be construed as including a reference to an associated company of the airport operator.

• (2) Section 48(3), (5), (6) and (7) shall have effect in relation to any complaint against an associated company of an airport operator made by virtue of sub-paragraph (1) above as if any reference to an airport operator or to the airport operator concerned were a reference to any such company or to the company against which the complaint is made (as the case may require).

Section 49

10

• (1) In section 49(1) and (9) any reference to an airport operator shall be construed as including a reference to an associated company of an airport operator.

• (2) Where the permission for the time being in force in respect of an airport is revoked under section 49(9) (as it applies in accordance with sub-paragraph (1) above) by reason of an associated company’s contravention of a compliance order, then (notwithstanding section 38(4)) a permission shall not again be granted under ths Part in respect of that airport unless it appears to the CAA that, if the CAA were to impose in relation to the airport any condition corresponding to the one whose breach gave rise to the making of the compliance order, that condition would be complied with by the person (whether the airport operator or an associated company of the airport operator) to whose activities any such condition would relate.

• (3) In this paragraph “compliance order” and “contravention” shall be construed in accordance with section 49(11).

Section 50

11

• (1) In section 50 any reference to an airport operator shall be construed as including a reference to an associated company of an airport operator.

• (2) In that section, as it applies to any such company in accordance with sub-paragraph (1)—

• (a) in subsection (1), the reference to section 40(2)(a) shall be construed as a reference to paragraph (aa) of section 40(2) (as modified by paragraph 3(2) and (4) above),

• (b) in subsection (2), the reference to section 40(2)(b) shall be construed as a reference to that provision as modified by paragraph 3(3), and

• (c) the references to section 39(1) and section 41(1) shall be construed as references to those provisions as modified by paragraph 2 and paragraph 4(a) above.

12

• (1) Section 51(3) shall apply in relation to any subsidiary conditions as if the reference to section 40(2) were a reference to that provision as modified by paragraph 3 above.

• (2) Section 51(5) shall apply in relation to any subsidiary conditions as if—

• (a) references to the airport operator concerned were references to the associated company of the airport operator that pursued the course of conduct in respect of which the conditions were imposed; and

• (b) the reference to section 41(3)(a), (b) or (c) were a reference to section 41(3)(a) or (b) (as modified by paragraph 4(b) above).

• (3) Section 51(7) shall apply in relation to any subsidiary conditions as if the reference to the airport operator were a reference to the associated company with respect to whose accounts the conditions were imposed of (as the case may be) that pursued the course of conduct in respect or which the conditions were imposed.

Section 54

13

In section 54(1A), references to an airport operator shall be construed as including references to an associated company of an airport operator engaged in carrying on any operational activities relating to one or more airports.

SCHEDULE 2

General application of enactments

1

• (1) Any airport to which this Part applies shall be deemed to be a statutory undertaking, and a relevant airport operator a statutory undertaker, for the purposes of the following enactments, namely—

• the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• The New Towns (Scotland) Act 1968;

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

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

• Part I of the Local Government (Miscellaneous Provisions) Act 1976;

• the Development of Rural Wales Act 1976;

• the New Towns Act 1981;

• the Acquisition of Land Act 1981; and

• sections ... 296 and 611 of the Housing Act 1985;

. . .

• (2) In the following enactments namely—

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

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

• the New Towns Act 1981,

• “the appropriate Minister” shall, in relation to a relevant airport operator, mean the Secretary of State for Transport.

Application of particular enactments

2

In the Public Health Act 1936—

• (a) section 330 (power of certain undertakers in England and Wales to alter sewers), and

• (b) section 333 (protection of certain such undertakers from works executed under that Act),

shall apply in relation to a relevant airport operator and the airport in question as they apply in relation to a railway company and its railway.

3

• (1) The following provisions (which relate to the protection of certain statutory undertakers), namely—

• section 93 of Schedule 3 to the Water Act 1945, and

• section 45 of Schedule 4 to the Water (Scotland) Act 1980,

shall apply with the necessary modifications in relation to any works which statutory water undertakers propose to execute along, upon or under any airport to which this Part applies, whether or not section 93 or section 45 has been applied to the undertakers by an order under that Act of 1945 or (as the case may be) under that Act of 1980.

• (2) In sub-paragraph (1) “statutory water undertakers” means—

• (a) in relation to England and Wales, statutory water undertakers within the meaning of the Water Act 1973 and includes a person authorised to construct works by an order under section 23 of the Water Act 1945; and

• (b) in relation to Scotland, Scottish Water .

4

A relevant airport operator shall be deemed to be a public undertaker for the purposes of section 56125 of the Housing (Scotland) Act 19661987 (demolition of obstructive buildings).

5

For the purposes of section 112 of the Land Drainage Act 1976 (protection of nationalised undertakings, etc.) an airport to which this Part applies shall be deemed to be an undertaking to which that section applies and the airport operator shall accordingly be deemed to be a person carrying on such an undertaking.

6

In the Building Act 1984—

• (a) section 4(1)(b) (exemption of buildings of statutory undertakers from building regulations), and

• (b) section 59(4) (exemption of such buildings from provisions relating to drainage),

shall apply in relation to a relevant airport operator as they apply in relation to statutory undertakers, but as if in those provisions any reference to a house included a hotel, and any reference to offices or showrooms did not include offices or showrooms on any airport to which this Part applies.

SCHEDULE 3

1

References in this Schedule to the airport operator in relation to any byelaws are references to the person making those byelaws as mentioned in section 63(5).

2

Where the airport operator is a body corporate, the byelaws shall be made under its common seal.

3

At least one month before application for confirmation of the byelaws is made to the Secretary of State, notice of the intention to apply for confirmation shall be given by the airport operator in one or more local newspapers circulating in the locality in which the airport to which the byelaws relate is situated or (if the byelaws relate to more than one airport) circulating respectively in the several localities in which those airports are situated; and the notice shall specify a period of not less than one month during which representations on the byelaws may be made to the Secretary of State.

4

For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the airport operator at each airport to which the byelaws relate and shall, at all reasonable hours, be open to public inspection free of charge.

5

The airport operator shall, on application made by any person before the byelaws are confirmed, furnish him with a copy of the byelaws or of any part of them on payment of such reasonable fee as the airport operator may determine.

6

The Secretary of State may confirm with or without modifications, or refuse to confirm, any byelaw submitted to him for confirmation, and may fix the date on which a byelaw confirmed by him is to come into operation; and if no date is so fixed, the byelaw shall come into operation at the end of the period of one month beginning with the day on which it is confirmed.

7

A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the airport operator at each airport to which they relate and shall, at all reasonable hours, be open to public inspection free of charge; and a copy of the byelaws shall on application be furnished to any person on payment of such reasonable fee as the airport operator may determine.

8

The production of a printed copy of a byelaw purporting to be made by an airport operator upon which is endorsed a certificate purporting to be signed by a person authorised for the purpose by the airport operator and stating—

• (a) that the byelaw was made by the airport operator,

• (b) that the copy is a true copy of the byelaw,

• (c) that on a specified date the byelaw was confirmed by the Secretary of State, and

• (d) the date, if any, fixed by the Secretary of State for the coming into operation of the byelaw,

shall be evidence, and in Scotland sufficient evidence, of the facts stated in the certificate, without proof of the handwriting or authorisation of the person by whom it purports to be signed.

SCHEDULE 4

Town and Country Planning Act 1971 (c. 78)

1

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

Town and Country Planning (Scotland) Act 1972 (c. 52)

2

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

Fair Trading Act 1973 (c. 41)

3

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

Consumer Credit Act 1974 (c. 39)

4

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

Restrictive Trade Practices Act 1976 (c. 34)

5

In section 41(1)(a) (disclosure of information), after “the Director General of Gas Supply,” insert “the Civil Aviation Authority,” and after “the Gas Act 1986” insert “or the Airports Act 1986”.

Estate Agents Act 1979 (c. 38)

6

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

Competition Act 1980 (c. 21)

7

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

Civil Aviation Act 1982 (c. 16)

8

• (1) In section 23(6) (disclosure of information), for “28 and 29” substitute “and 28”.

• (2) In section 108(1) (extension of 1982 Act outside United Kingdom), for “27, 32 to 35, 37,” substitute “34, 35,”.

Aviation Security Act 1982 (c. 36)

9

In section 29 (control of road traffic at designated airports)—

• (a) in subsection (1), for the words from “section 13(1) to (3)” to “1982” substitute “section 65 of the Airports Act 1986” and for “those sections” substitute “that section”; and

• (b) in subsection (3), for the words from “section 13(1) to (3)” to “thereof” substitute “section 65 of the Airports Act 1986 includes a reference to subsection (2) of that section as extended by section 66(2) of that Act”.

Local Government Act 1985 (c. 51)

10

In section 40(3) (airports), for “to 33, 35, 37(3), (4) and (5), 60(3)(o)” substitute “, 31, 35”.

SCHEDULE 5

Supplementary provisions as to vesting of property etc. of BAA

1

Any agreement made, transaction effected or other thing done by, to or in relation to the BAA which is in force or effective immediately before the appointed day shall have effect as from that day as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as the BAA; and accordingly references to the BAA—

• (a) in any agreement (whether or not in writing) and in any deed, bond or instrument,

• (b) in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority, and

• (c) in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of the BAA which vests by virtue of section 2 in the successor company,

shall be taken as from the appointed day as referring to the successor company.

2

Where immediately before the appointed day there is in force an agreement which—

• (a) confers or imposes on the BAA any rights or liabilities which vest in the successor company by virtue of section 2, and

• (b) refers (in whatever terms and whether expressly or by implication) to a member or officer of the BAA.

the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the BAA in question.

3

It is hereby declared for the avoidance of doubt that—

• (a) the effect of section 2 in relation to any contract of employment with theBAA in force immediately before the appointed day is merely to modify the contract (as from that day) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way); and

• (b) that section is effective to vest the rights and liabilities of the BAA under any agreement or arrangement for the payment of pensions, allowances or gratuities in the successor company along with all other rights and liabilities of the BAA;

and accordingly for the purposes of any such agreement or arrangement (as it has effect by virtue of paragraph 1 in relation to employment with the successor company) any period of employment with the BAA shall count as employment with the successor company.

Financial provisions

4

The terms which, by virtue of section 4(2) of the 1975 Act, are applicable immediately before the appointed day to any such liability of the BAA as is mentioned in section 3(2) of this Act shall continue to apply to that liability after it becomes a liability of the successor company by virtue of section 2 of this Act, and section 4(3) of that Act shall continue to apply to sums received by the Secretary of State from the successor company by virtue of this paragraph.

5

The terms which, by virtue of section 6(2) of the 1975 Act, are applicable immediately before the appointed day to any such liability of the BAA as is mentioned in section 3(3) of this Act shall continue to apply to that liability after it becomes a liability of the successor company by virtue of section 2 of this Act, and section 6(4) of that Act shall continue to apply to sums received by the Secretary of State from the successor company by virtue of this paragraph.

6

Subsections (2) to (5) of section 7 of the 1975 Act (Treasury guarantees) shall continue to apply in relation to any guarantee given by the Treasury under that section with respect to a liability of the BAA which becomes a liability of the successor company by virtue of section 2 of this Act, but as if the reference to the BAA in subsection (4) of that section were a reference to the successor company.

Final statements of accounts etc.

7

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

8

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

9

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

Compulsory purchase orders

10

A compulsory purchase order made under section 17 of the 1975 Act which is in force immediately before the appointed day shall have effect as if made under section 59 of this Act; and the provisions of section 59 shall apply accordingly.

Byelaws and regulations relating to airports

11

• (1) Any byelaws made or having effect as if made under section 9 of the 1975 Act and in force in relation to any airport immediately before the appointed day shall, as from that day, have effect as if they were byelaws made under section 63 of this Act and the airport were an airport designated for the purposes of that section.

• (2) The provisions of any regulations made or having effect as if made under section 58 of the 1982 Act, as applied by section 16 of the 1975 Act, and in force in relation to any airport immediately before the appointed day shall as from that day, have effect (with any necessary modifications) as if they were contained in byelaws made under subsection (2)(j) of section 63 of this Act and the airport were an airport designated for the purposes of that section; and any such provisions may accordingly be varied or revoked by byelaws so made.

Control of road traffic

12

Where immediately before the appointed day section 13 of the 1975 Act (control of road traffic) applies to any airport, then, as from that day and until such time as the airport is designated by an order under section 65 of this Act—

• (a) the airport shall be deemed to be an airport designated for the purposes of that section, and

• (b) any order which, immediately before that day, is in force in relation to the airport under section 13(2) of the 1975 Act shall have effect as if made under section 65(2) of this Act.

Abandoned vehicles

13

Where immediately before the appointed day any order is in force in relation to an airport under section 14 of the 1975 Act (functions of BAA as respects abandoned vehicles) then, as from that day and until such time as the airport is designated by an order under section 66 of this Act—

• (a) the airport shall be deemed to be an airport designated for the purposes of that section, and

• (b) the order shall have effect as if made under section 66(1).

Cargo areas

14

Notwithstanding the repeal by this Act of section 12 of the 1975 Act (prevention of theft from cargo areas at BAA’s airports) any area which, immediately before the appointed day, is to be treated as a cargo area for the purposes of section 27 of the Aviation Security Act 1982 (prevention of thefts at designated airports) in accordance with subsection (7) of that section shall continue to be so treated as if this Act had not been passed.

Extension of Shops (Airports) Act 1962

15

Any order designating an airport for the purposes of the Shops (Airports) Act 1962 and in force at the commencement of section 70 of this Act shall, as from that commencement, be treated as designating that airport for the purposes of that Act as amended by this Act.

SCHEDULE 6

Part I — Repeals Coming into Force on the Appointed Day

Part II — Repeals Coming into Force on a Date Appointed Under Section 85(5)

Power to direct reorganisation of BAA’s undertaking prior to appointed day.

44A

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

44B

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

Reports on references.

Imposition or modification of conditions following Commission’s report.

Section 51

Editorial notes

[^c9342811]: S. 10 repealed by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17

[^c9342841]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c9342851]: Words in s. 12(1)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 77, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c9342861]: S. 12(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 77 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c9342871]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c9342881]: Words in s. 12(1)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 77, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c9342891]: S. 12(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 77 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 2

[^c9342901]: Words in s. 12(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 147(a); S.I. 1996/323, art. 4(1)

[^c9342911]: Words in s. 12(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 147(b); S.I. 1996/323, art. 4(1)

[^c9342931]: S. 18(2A) inserted (E.W.) (11.7.2001 for E., 21.3.2002 for W.) by S.I. 2001/2237, arts. 2, 16(a) and S.I. 2002/808, arts. 2, 15(a)

[^c9342941]: Words in s. 18(3) inserted (E.W.) (11.7.2001 for E., 21.3.2002 for W.) by S.I. 2001/2237, arts. 2, 16(b) and S.I. 2002/808, arts. 2, 15(b)

[^c9342951]: Ss. 21(1)–(3), 22(1)–(4) and 71 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

[^c9342961]: Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 . Pt. I

[^c9342991]: Ss. 21(1)–(3), 22(1)–(4) and 71 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

[^c9343031]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c15997021]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c9343061]: Definition in s. 29(1) added (1.1.1993) by S.I. 1992/2992, reg. 23, Sch. 2 para.1.

[^c9343071]: S. 30(4A) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. V para. 19(2) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

[^c9343081]: Words in s. 30(5) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. V para. 19(3) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

[^c9343091]: Words in s. 31(2) inserted (1.1.1993) by S.I. 1992/2992, reg. 23, Sch. 2 para.2.

[^c9343101]: Words in s. 32(3) inserted (1.1.1993) by S.I. 1992/2992, reg. 23, Sch. 2 para.3.

[^c9343111]: S. 35 extended (Jersey) (19.4.2000) by S.I. 2000/1111, art. 2

[^c9343261]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(1)

[^c9343271]: Words in s. 59(6)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 39(1)

[^c9343581]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(a)(i)

[^c9343591]: Word repealed (E.W.) (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1,2, 123:1,2), ss. 31(4), 84(4)(6), Sch. 6 para. 7, Sch. 19 Pt. II (with s. 84(5)); S.I. 1991/2067, art. 3.

[^c9343601]: Words in s. 61(1)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 39(2)(a)(i)

[^c9343611]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(a)(ii)

[^c9343621]: Words in s. 61(1)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 39(2)(a)(ii)

[^c9343651]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(b)

[^c9343661]: Words in s. 61(2) substituted (27.5.1997) by 1997 C. 11, SS. 4, 6(2), Sch. 39 para. 39(2)(b)

[^c9343671]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(c)

[^c9343681]: Words in s. 61(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 39 para. 39(2)(c)

[^c9343711]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(d)

[^c9343721]: Words in s. 61(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 39(2)(d)

[^c9343731]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 73(2)(e)

[^c9343741]: Words in s. 61(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(1), Sch. 2 para. 39(2)(e)

[^c9343781]: S. 62(2)(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), 170(1), Sch. 8 para. 118(2); S.I. 1991/2288, art. 3, Sch.

[^c9343791]: Words in s. 62(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 118(3); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2 and (S.) S.I. 1992/2990, art. 2(2), Sch.2.

[^c9343811]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c9343821]: 1973 c. 65.

[^c9343831]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c9343841]: Words in s. 63(8) repealed (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 7(a), Sch. 2

[^c9343851]: Words in s. 63(8) substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. 1 para. 7(b)

[^c9343871]: S. 70 repealed (E.W.) (26.8.1994) by 1994 c. 20, s. 9(2), Sch. 5; S.I. 1994/1841, art. 2

[^c9343881]: 1950 c. 28.

[^c9343891]: Ss. 21(1)–(3), 22(1)–(4) and 71 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

[^c9346571]: S. 74(2): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2), Sch. 4 para. 25

[^c9346581]: Words inserted by S.I. 1988/915, reg. 7(6)(g)(i)

[^c9346601]: Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 33

[^c9346611]: Words in s. 74(2)(a) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 30(a); S.R. 1992/117, art. 3(1).

[^c9346621]: Words in s. 74(2)(a) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2) art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

[^c9346651]: Words inserted by S.I. 1988/915, reg. 7(6)(g)(ii)

[^c9346661]: 1968 c.29(109:1).

[^c9346671]: 1973 c.41(124:1).

[^c9346681]: 1974 c.39(60).

[^c9346691]: S. 74(3)(d)(e) repealed (1.3.2000) by S.I. 2000/311, art. 17(2)

[^c9346711]: 1979 c.38(124:4).

[^c9346721]: 1980 c.21(124:1).

[^c9346731]: Word repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48, Sch. 5

[^c9346741]: Para. inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48, Sch. 4 para. 10

[^c9346751]: 1987 c.43(109:1).

[^c9346771]: Para. inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 76(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1) Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c9346781]: 1989 c.15(130).

[^c9346791]: Words in s. 74(3)(k) inserted (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 132), ss. 2(1), 4(2), Sch. 1 para. 44

[^c9346801]: Para. inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112, Sch. 16 para. 33

[^c9346811]: 1989 c.29(44:1).

[^c9346831]: S. 74(3)(m) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 30(b); S.R. 1992/117, art. 3(1).

[^c9346841]: S. 74(3)(mm) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2) art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

[^c9346851]: S. 74(3)(n) added (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 23(2); S. I. 1993/3237, art. 2(2).

[^c9346891]: S. 74(3)(q) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 18

[^c9346911]: S. 76(1)(2)(5) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI

[^c9347091]: Words in s. 77(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290(1), Sch. 10 para. 12 (with ss. 60, 101(1) and 201(3)).

[^c9347101]: S. 77(3) substituted (29.4.1996) by 1996 c. 8, s. 104, Sch. 14 para. 3 (with s. 80-105 Pt. IV Ch. II)

[^c9347111]: 1988 c. 1.