Civil Aviation (Amendment) Act 1982

Amendments of the [1971 c. 75.] Civil Aviation Act 1971

31 In section 4 of the Act of 1971 (Secretary of State's directions in the national interest, etc.), for the words " this Act" in subsection (1)(b) and the words " any provision of this Act" in subsections (2A) and (3) there shall be substituted the words " any enactment or instrument relating to the Authority ".

32 In subsection (9) of section 14 of the Act of 1971 (adaptations for Scotland and Northern Ireland)—

(a) paragraph (c) shall be omitted ; and

(b) for the words from " to subsection (2)" onwards there shall be substituted the words " to paragraphs 2 and 3 of Schedule 7 to the [S.I. 1980 No. 1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 and to Article 40 of that Order. ".

33 In section 15 of the Act of 1971 (compulsory purchase of land in Northern Ireland)—

(a) for subsection (2) there shall be substituted the following subsection—

“(2) Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 4 to this Act, apply for the purposes of the acquisition of land by means of an order under this section in the same manner as it applies to the acquisition of land by means of a vesting order under that Act.”;

(b) subsection (3) and in subsection (4) the words " Schedule 4 to this Act and the said Schedule 5 as incorporated in this Act," and the words from " and in Schedule 4 " onwards shall be omitted.

34 In subsection (1) of section 16 of the Act of 1971 (land rights granted to CAA to bind grantor's successors), at the end there shall be added the following paragraph—

“Section 63(2) of the [1949 c. 67.] Civil Aviation Act 1949 shall apply for the purposes of this subsection as it applies for the purposes of that Act.”.

35 In subsection (2)(e) of section 36 of the Act of 1971 (disclosure of certain information for the purposes of criminal proceedings arising out of that Act or an Air Navigation Order), for the words " this Act or an Air Navigation Order " there shall be substituted the words " any enactment relating to civil aviation ".

36 In section 63 of the Act of 1971 (orders and regulations)—

(a) in subsection (1), the words " (except orders appointing a day)" shall be omitted ; and

(b) in subsection (3), the words from " but" onwards shall be omitted.

37 In section 64(1) of the Act of 1971 (interpretation)—

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

• “' land' has the same meaning as, by virtue of Schedule 1 and paragraph 4 of Schedule 2 to the [1978 c. 30.] Interpretation Act 1978, it has in an Act passed on or after 1st January 1979 ;”and

(b) for the definition of "relevant overseas territory" there shall be substituted the following definition—

• “' relevant overseas territory' has the same meaning as in section 30(1) of the [1980 c. 60.] Civil Aviation Act 1980 ;”.

38 In section 65(1) of the Act of 1971, paragraph (a) (construction of references in application of Act to Northern Ireland) shall be omitted.

39 (1) Section 66 of the Act of 1971 (which, as amended by paragraph 1(2) above, provides for the extension of any provision of that Act to certain aircraft registered otherwise than in the United Kingdom) shall apply, as it applies to any provision of the Act of 1971, to—

(a) any provision of any enactment to which Part VI of the Act of 1949 applies ;

(b) any provision of that Part of that Act;

(c) section 16 of the [1968 c. 61.] Civil Aviation Act 1968 ; and

(d) any provision of any Order in Council or regulation made by virtue of any provision mentioned in paragraphs (d) to (c) above.

(2) Subsection (2) of section 59 of the Act of 1949 (which contains provision, in relation to the matters mentioned in sub-paragraph (1)(a), (b) and (d) above, which is comparable to that made by the said section 66) shall cease to have effect except for the purposes of any Order in Council made under that subsection and in force immediately before the coming into operation of this paragraph and for the purpose of amending or revoking such an Order.

40 It is hereby declared that the survey in relation to which a power of entry is conferred by virtue of paragraph 9(2) of Schedule 3 to the Act of 1971 is any survey which the Secretary of State or the Civil Aviation Authority requires to be made for the purpose of any steps to be taken in consequence of the order in question or, as the case may be, for the purpose of determining whether the order should be made.

41 For Schedule 4 to the Act of 1971 (modifications of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948) there shall be substituted the following Schedule—

“SCHEDULE 4 Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972

1 For references to the department concerned there shall be substituted references to the Secretary of State.

2 For references to a district council there shall be substituted references to the Civil Aviation Authority.

3 References to Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule.

4 For paragraph 1 there shall be substituted the following paragraph—

‘1 An application by the Civil Aviation Authority to the Secretary of State for a vesting order shall be in the prescribed form.’.

5 For paragraph 6(2) there shall be substituted the following sub-paragraph—

‘(2) To the extent to which compensation is payable in accordance with the provisions of this Schedule, as from the date of vesting the rights and claims of all persons in respect of any land acquired by the vesting order shall be transferred and attached to the funds of the Civil Aviation Authority (in this Schedule referred to as " the compensation fund ") and shall be discharged by payments made by the Civil Aviation Authority.’.

6 In paragraph 12(2) for the words ' the clerk of the council' there shall be substituted the words ' such person as may be designated for the purposes of, this Schedule by the Civil Aviation Authority'.

7 Paragraph 20(2) shall be omitted.”.

42 In paragraph 3 of Schedule 9 to the Act of 1971 (which, in relation to Northern Ireland, makes provision about staff transferred to the Civil Aviation Authority)—

(a) in sub-paragraph (3), for the words " paragraph 7 of Schedule 2 to the Act of 1965 " there shall be substituted the words " paragraph 8 of Schedule 2 to the [S.I. 1976 No. 1043 (N.I. 16).] Industrial Relations (Northern Ireland) Order 1976 "and for the words from " paragraph 10" onwards there shall be substituted the words " Schedule 1 to the Act of 1965 shall be construed as a reference to that Schedule as it has effect by virtue of sub-paragraph (1) above "; and

(b) in sub-paragraph (5), for the words " or 2 to that Act" there shall be substituted the words " to that Act or to Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 ".