Civil Aviation Act 1978

2 (1) That Act shall be further amended as follows.

(2) In section 26 (power to exercise control over land in the interests of civil aviation), references to any land, structures, works or apparatus vested in the Secretary of State or which he proposes to acquire or install shall include references to any land, structures, works or apparatus vested in a licensee or which a licensee proposes to acquire or install.

(3) Where the Secretary of State has made an order by virtue of sub-paragraph (2) above in relation to any land, or has under consideration the making of any such order, any person authorised in writing by the Secretary of State may at all reasonable times, on producing, if so required, evidence of his authority in that behalf, enter upon any of the land in order to make any survey which the Secretary of State or the licensee in question requires to be made for the purpose of any steps to be taken in consequence of the order:

Provided that admission shall not, by virtue of this sub-paragraph, be demanded as of right to any land which is occupied unless eight days' notice of the intended entry has been served on the occupier.

(4) Subsections (2) to (5) of section 29 (power of entry for purposes of survey) shall apply with any necessary modifications in relation to sub-paragraph (3) above as they apply in relation to subsection (1) of that section, but any proceedings for an offence under subsection (2) of that section, as so applied, may be instituted in England and Wales or Northern Ireland by the licensee in question without the consent required by subsection (3) of that section, and any compensation payable under subsection (5) of that section, as so applied, shall be paid by the licensee instead of by the Secretary of State.

(5) Save as aforesaid, section 29 shall not apply in relation to an order made by virtue of sub-paragraph (2) above.

(6) Where the Secretary of State gives a direction by virtue of sub-paragraph (2) above, being a direction the execution of which will involve the displacement of persons residing in premises on the land to which the direction relates, it shall be the duty of the licensee in question, in so far as there is no other residential accommodation available on reasonable terms to the persons who require it in consequence of the displacement, being residential accommodation suitable to the reasonable requirements of those persons, to secure the provision of such accommodation.

(7) The licensee in question shall secure the provision of the accommodation in advance of the displacement unless the Secretary of State is satisfied that for reasons of exceptional public importance it is essential that the displacement should be effected before such accommodation as aforesaid can be found.

(8) Section 31 (displacements from land) shall not apply in relation to a direction given by virtue of sub-paragraph (2) above.

(9) In the case of a direction given by virtue of sub-paragraph (2) above, it shall be for the licensee in question, instead of for the Secretary of State, to give the notices required by paragraph 1 of Schedule 3 (provisions relating to directions under section 26); and any compensation payable under that Schedule in consequence of a direction so given shall be paid by the licensee, instead of by the Secretary of State.

(10) In this paragraph " licensee " means licensee of an aerodrome licensed under an Order in Council made under section 8 of the said Act of 1949.