Office of Public Sector Information
PART I continued CHAPTER I continued
(1) If an air traffic administration order is in force in relation to a company the Secretary of State may—
(a) make grants or loans to the company of such sums as he thinks appropriate to facilitate the achievement of the order’s purposes;
(b) agree to indemnify the air traffic administrator in respect of liabilities incurred and loss or damage sustained by him in connection with carrying out his functions under the order.
(2) The Secretary of State may guarantee, in such manner and on such terms as he thinks fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum borrowed from any person by a company in relation to which an air traffic administration order is in force when the guarantee is given.
(3) The terms on which a grant is made under this section may require all or part of it to be repaid to the Secretary of State if there is a contravention of the other terms on which it is made.
(4) A loan made under this section must be repaid to the Secretary of State at such times and by such methods, and interest must be paid to him at such rates and times, as may be specified in directions given by him from time to time.
(5) Subsections (3) and (4) do not prejudice any provision applied in relation to the company by Schedule 1.
(6) A grant, loan, agreement to indemnify, guarantee or direction under this section requires the Treasury’s consent.
(7) The air traffic administrator is the person appointed by the court to achieve the purposes of the air traffic administration order.
(1) This section applies to a guarantee given under section 31.
(2) Immediately after a guarantee is given the Secretary of State must lay a statement of it before each House of Parliament.
(3) If a sum is paid out for fulfilling a guarantee, as soon as possible after the end of each relevant financial year the Secretary of State must lay a statement relating to the sum before each House of Parliament.
(4) If any sums are paid out for fulfilling a guarantee the borrowing company must make to the Secretary of State at such times and in such manner as may be specified in directions given by him from time to time—
(a) payments of such amounts as he may specify in such directions in or towards repayment of the sums paid out, and
(b) payments of interest at such rate as he may specify in such directions on what is outstanding in respect of sums paid out.
(5) Subsection (4) does not prejudice any provision applied in relation to the borrowing company by Schedule 1.
(6) A direction under this section requires the Treasury’s consent.
(7) Relevant financial years are financial years starting with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and interest on it is finally discharged.
(8) The borrowing company is the company which borrowed the sums in respect of which the guarantee was given.
Schedule 3 contains provisions relating to Northern Ireland.
(1) The CAA must investigate an alleged or apprehended contravention of a section 8 duty or of a condition of a licence if the alleged or apprehended contravention is the subject of a representation made to the CAA by or on behalf of a person who appears to it to have an interest in the matter.
(2) But this does not apply if the representation appears to the CAA to be frivolous or vexatious.
(3) A section 8 duty is a duty imposed on a licence holder by section 8.
(1) The CAA must compile and maintain a register for the purposes of this Chapter.
(2) The register must be kept at such premises and in such form as the CAA decides.
(3) The CAA must cause these matters to be entered in the register—
(a) the provisions of every exemption;
(b) the provisions of every licence;
(c) every modification of the conditions of a licence;
(d) every revocation or surrender of a licence;
(e) the provisions of every requirement or determination made or direction, consent or approval given under a licence;
(f) the terms of every notice given under section 9;
(g) the terms of every final or provisional order made under section 20, every revocation of such an order, and every notice under section 22(10) or (11).
(4) The duty in subsection (3) does not extend to anything of which the CAA is unaware.
(5) So far as practicable the CAA must secure the exclusion from the register of any matter relating to the affairs of a person if the CAA thinks its inclusion would or might seriously and prejudicially affect the person’s interests.
(6) If the Secretary of State thinks that entry of anything in the register would be against the public interest or any person’s commercial interests, he may give a direction to the CAA requiring the CAA not to enter it.
(7) The CAA must secure that the contents of the register are available for inspection by the public during such hours as may be specified in an order made by the Secretary of State.
(8) If requested by any person to do so the CAA must supply him with a copy (certified to be true) of the register or of an extract from it.
(9) But subsection (8) does not apply if a charge required by a scheme or regulations made under section 11 of the [1982 c. 16.] Civil Aviation Act 1982 is not paid.
Schedule 4 gives licence holders powers in relation to land.
Schedule 5 contains provisions treating licence holders as statutory undertakers.
(1) The Secretary of State may give to a licence holder or to licence holders generally such directions of a general character as he thinks are necessary or expedient—
(a) in the interests of national security, or
(b) in the interests of encouraging or maintaining the United Kingdom’s relations with another country or territory.
(2) The Secretary of State may give to a licence holder a direction requiring it to do or not to do a particular thing, if the Secretary of State thinks it necessary or expedient to give the direction in the interests of national security.
(3) The Secretary of State may give to a licence holder a direction requiring it—
(a) to do or not to do a particular thing in connection with anything authorised by the licence, or
(b) to secure that a particular thing is done or not done in connection with anything authorised by the licence,
if the Secretary of State thinks it necessary or expedient to give the direction in order to discharge or facilitate the discharge of an international obligation of the United Kingdom.
(4) In exercising his powers under subsections (1) to (3) the Secretary of State must have regard to the need to maintain a high standard of safety in the provision of air traffic services.
(5) In so far as a direction under this section conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
(6) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
(7) Before giving a direction under this section to a particular licence holder (as opposed to licence holders generally) the Secretary of State must consult it.
(8) The Secretary of State must send a copy of a direction under this section to the CAA.
(9) The Secretary of State must lay before each House of Parliament a copy of a direction under this section unless he thinks its disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person.
(10) A person must not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done by virtue of this section if the Secretary of State notifies him that he thinks disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person (other than the person notified).
(11) A person commits an offence if—
(a) without reasonable excuse he contravenes or fails to comply with a direction under this section, or
(b) he makes a disclosure in contravention of subsection (10).
(12) A person who commits an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
(1) The Secretary of State may give such directions as he thinks are necessary or expedient—
(a) to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;
(b) to limit or mitigate the effects of such noise, vibration, pollution or disturbance.
(2) Directions under this section may be given to—
(a) a licence holder or licence holders generally;
(b) a person who is authorised by an exemption to provide air traffic services (an authorised person) or authorised persons generally.
(3) A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.
(4) A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.
(5) In so far as a direction under this section conflicts with the requirements of section 38 or 93 or of an order under section 94, the direction is to be disregarded.
(6) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 93 or an order under section 94, the requirements are to be disregarded.
(7) Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult—
(a) that licence holder or authorised person;
(b) the CAA.
(1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—
(a) aerodrome;
(b) condition of a licence;
(c) exemption;
(d) licence;
(e) licence holder;
(f) managed area;
(g) manager of an aerodrome;
(h) modification.
(2) An aerodrome is an aerodrome as defined in section 105(1) of the [1982 c. 16.] Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
(3) These are managed areas—
(a) the United Kingdom;
(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services.
(4) An exemption is an exemption under this Chapter.
(5) A licence is a licence under this Chapter, and references to a licence holder must be construed accordingly.
(6) A condition of a licence is a provision of the licence which is expressed as a condition.
(7) “Modification” includes addition, alteration and omission, and cognate expressions are to be construed accordingly.
(1) For the purposes of this Chapter a transfer scheme is a scheme which contains provisions falling within one or more of subsections (2) to (8).
(2) Provisions falling within this subsection are ones for the transfer of any of the CAA’s property, rights or liabilities or of all or part of its undertaking to any of the following—
(a) the Secretary of State;
(b) a company which is wholly owned by the Crown;
(c) a company which is wholly owned by the CAA;
(d) a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
(3) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the CAA or of all or part of the transferor’s undertaking to any of the following—
(a) the Secretary of State;
(b) the CAA;
(c) a company which is wholly owned by the Crown;
(d) a company which is wholly owned by the CAA;
(e) a company which is a wholly owned subsidiary of a company falling within paragraph (c) or (d).
(4) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the CAA, or of all or part of the transferor’s undertaking, to any of the following—
(a) the CAA;
(b) a company which is wholly owned by the Crown;
(c) a company which is wholly owned by the CAA;
(d) a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
(5) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown but which was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—
(a) a company which is wholly owned by the Crown;
(b) a company which is a wholly owned subsidiary of the transferor.
(6) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.
(7) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) in circumstances where the transferor is a wholly owned subsidiary of a company (the holding company) wholly owned by the Crown and the holding company was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—
(a) a company which is wholly owned by the Crown;
(b) a company which is a wholly owned subsidiary of a company falling within paragraph (a).
(8) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.
(9) To the extent that a scheme provides for the transfer of all or part of an undertaking, references in the following provisions of this Chapter to property, rights and liabilities are to the undertaking or part (including property, rights and liabilities falling within it).
(1) The things which may be transferred by a transfer scheme include—
(a) anything which the transferor would not otherwise be capable of transferring or assigning;
(b) anything to which the transferor may become entitled or subject after the scheme is made and before it comes into force;
(c) anything situated anywhere in the United Kingdom or elsewhere;
(d) anything subsisting under an enactment;
(e) anything subsisting under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
(2) A scheme may divide any property, rights or liabilities of a transferor and in connection with the division may—
(a) create for a transferor or transferee an interest in any property to which the scheme relates;
(b) create new rights and liabilities as between a transferor and a transferee with respect to any property to which the scheme relates;
(c) in connection with any provision made by virtue of paragraph (a) or (b), make incidental provision as to the interests, rights and liabilities of other persons with respect to any property to which the scheme relates.
(3) A scheme may impose obligations on a transferor and transferee to take any necessary steps to secure that the following have effect—
(a) any interest, right or liability created by virtue of subsection (2)(a) or (b);
(b) any incidental provision made by virtue of subsection (2)(c).
(4) A scheme may—
(a) impose on a transferor or transferee an obligation to enter into a specified written agreement with a specified person or persons (who may be or include a transferor or transferee);
(b) impose on a transferor or transferee an obligation to execute a specified instrument in favour of a specified person or persons (who may be or include a transferor or transferee);
(c) make provision (for instance, where part of particular property is transferred) that rights and liabilities specified or identified in the scheme are enforceable by or against a transferor or transferee (or both).
(5) A scheme may make such supplementary, incidental, consequential or transitional provisions as the scheme’s maker thinks are appropriate.
(1) After consulting the CAA the Secretary of State may give a direction requiring it to make a transfer scheme.
(2) A direction may specify how a scheme is to be made and the time within which it is to be made and submitted to the Secretary of State (as well as what is to be transferred, the transferor and the transferee).
(3) In so far as a direction conflicts with the requirements of an enactment or instrument, the requirements are to be disregarded.
(4) No direction may be given under this section before the end of the period of three months starting with the day on which this Act is passed.
(1) This section applies to a scheme made under section 43.
(2) A scheme does not come into force unless the Secretary of State approves it in writing.
(3) Subject to that, a scheme comes into force on—
(a) the day it specifies for it to come into force, or
(b) if the approval specifies a day for it to come into force, that day.
(4) The Secretary of State may modify a scheme before approving it and after consulting each person who is a transferor or a transferee.
(5) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
(6) Any transferor or transferee (other than the Secretary of State) must provide the Secretary of State with any information and other assistance he may reasonably require in connection with his powers to approve and modify under this section.
(7) If a body fails without reasonable excuse to comply with subsection (6) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) In this section “modify” includes add to, omit from and otherwise alter.
(9) No approval may be given under this section before the end of the period of three months starting with the day on which this Act is passed.
(1) This section applies if—
(a) the CAA fails to submit a transfer scheme within the time specified in a direction under section 43, or
(b) the Secretary of State does not approve a transfer scheme submitted by the CAA.
(2) In such a case the Secretary of State may make a transfer scheme after consulting each person who is a transferor or a transferee.
(3) A scheme made under this section comes into force on the day it specifies for it to come into force.
(4) When the scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
(5) No scheme may be made under this section before the end of the period of three months starting with the day on which this Act is passed.
(1) If the Secretary of State proposes to make a transfer scheme he may give a direction to an interested body requiring it—
(a) to provide him with such information as he thinks necessary to enable him to make the scheme, and
(b) to do so within the period (not less than 28 days starting with the date on which the direction is given) specified in the direction.
(2) These are interested bodies—
(a) the CAA;
(b) a company which is wholly owned by the Crown;
(c) a company which is wholly owned by the CAA;
(d) a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
(3) If a body fails to comply with a direction under subsection (1) the Secretary of State may serve on it a notice which—
(a) requires it to produce any documents which are specified or described in the notice and are in its custody or under its control, and to produce them at a time and place so specified and to a person so specified, or
(b) requires it to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
(4) No body may be required under this section—
(a) to produce documents which it could not be compelled to produce in civil proceedings in the court;
(b) to supply information which it could not be compelled to supply in such proceedings.
(5) If a body fails without reasonable excuse to do anything required of it by a notice under subsection (3) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) If a body intentionally alters, suppresses or destroys a document which it has been required to produce by a notice under subsection (3) it is 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.
(7) If a body makes default in complying with a notice under subsection (3) the court may on the Secretary of State’s application make such order as the court thinks fit for requiring the default to be made good.
(8) An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne—
(a) by the body in default, or
(b) if officers of the body are responsible for its default, those officers.
(9) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
(10) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(11) A reference to the court is to—
(a) the High Court in relation to England and Wales or Northern Ireland;
(b) the Court of Session in relation to Scotland.
(1) This section applies if any property, rights or liabilities are transferred under a transfer scheme—
(a) from the CAA to a company,
(b) from a company to the CAA, or
(c) from a company to a company.
(2) The transfer scheme may state—
(a) the value at which any asset transferred to the transferee under the scheme is to be entered in the opening accounts of the transferee;
(b) the amount at which any liability so transferred is to be entered in those accounts.
(3) The value or amount which may be stated by virtue of subsection (2) is—
(a) in a case where the whole of the asset or liability is transferred by the transfer scheme, the value or amount at which the asset or liability appeared in the last full accounts of the transferor;
(b) in a case where part only of the asset or liability is so transferred, such part of the value or amount at which the asset or liability appeared in the last full accounts of the transferor as may be determined by or in accordance with the transfer scheme.
(4) But if the maker of the transfer scheme considers that some other value or amount is appropriate, the value or amount which may be stated by virtue of subsection (2) is that other amount or value.
(5) If no value or amount appeared as mentioned in subsection (3) in the case of an asset or liability, the value or amount which may be stated by virtue of subsection (2) is the value or amount which the maker of the transfer scheme considers appropriate.
(6) The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised profits is to be determined as if such proportion of any profits realised and retained by the transferor as may be determined by or in accordance with the transfer scheme had been realised and retained by the transferee.
(7) The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised losses is to be determined as if such proportion of any accumulated realised losses of the transferor as may be determined by or in accordance with the transfer scheme had been losses realised by the transferee.
(8) When the transfer scheme comes into force a statement or provision under subsection (2), (6) or (7) has effect to require any value or amount concerned to be entered or determined accordingly.
(1) This section applies for the purposes of section 47.
(2) The opening accounts of the transferee are—
(a) if the transferee is the CAA, the annual accounts prepared by it in accordance with section 15 of the [1982 c. 16.] Civil Aviation Act 1982 for the accounting year next ending after the transfer date;
(b) if the transferee is a company, any statutory accounts prepared by it for the accounting year next ending after the transfer date.
(3) The last full accounts of the transferor are—
(a) if the transferor is the CAA, the annual accounts prepared by it in accordance with section 15 of the [1982 c. 16.] Civil Aviation Act 1982 for the accounting year last ended before the making of the transfer scheme;
(b) if the transferor is a company, the statutory accounts of the company for the accounting year last ended before the making of the transfer scheme.
(4) An accounting year is—
(a) in the case of the CAA, the period of 12 months ending with 31 March in any year;
(b) in the case of a company, its financial year within the meaning of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.
(5) Statutory accounts are accounts prepared by a company for the purpose of any provision of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 (including group accounts).
Transport Act 2000