Civil Aviation Act 1978

Civil Aviation Act 1971 (c. 75)

6 (1) The 1971 Act shall be amended in accordance with the following provisions of this paragraph.

(2) In section 10(2) (power of Secretary of State to lend to Civil Aviation Authority), for the words " section 8(2)" there shall be substituted the words " section 8(1) or (2) ".

(3) In section 23(5) (revocation, suspension or variation of air transport licence not to take effect until expiration of period for appealing or the determination or abandonment of any appeal), at the beginning there shall be inserted the words " Subject to subsection (6) of this section, " ; and after the said subsection (5) there shall be inserted the following subsection:—

“(6) Notwithstanding anything in the preceding subsection, the Authority may—

(a) direct that so much of the variation of a licence as relates to any tariff provision of the licence ;

(b) with the consent of the holder of the licence, direct that so much of the variation of a licence as relates to any other matter,

shall to a specified extent take effect on a specified day earlier than is permitted by that subsection.

In this subsection ' tariff provision' means, in relation to any licence, any term of that licence being a term such as is mentioned in section 22(5)(b) of this Act.”.

(4) For section 29(3) (power of Secretary of State to impose limitations at designated aerodromes for the purpose of mitigating the effect of noise and vibration connected with the taking off and landing of aircraft) there shall be substituted the following subsections:—

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

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

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

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

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

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

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

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

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

(5) In section 29(4) (provisions supplementary to subsection (3))—

(a) for the words " the preceding subsection ", wherever occurring, there shall be substituted the words " subsection (3) above ";

(b) in paragraph (a), for " (b) " there shall be substituted " (c) ";

(c) in paragraph (c), for the word " limitations " there shall be substituted the words " any prohibition or restriction ";

(d) after paragraph (c) there shall be inserted the following paragraph—

“(cc) if it appears to a person authorised for the purpose by the person for the time being managing the relevant aerodrome that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of subsection (3) above, then, without prejudice to paragraph (c) above or the powers mentioned therein, the first-mentioned person. or a person authorised by him for the purpose, may detain the aircraft for such period as the first-mentioned person considers appropriate for preventing the contravention, and may for the purpose of detaining the aircraft enter upon any land ;”; and

(e) in paragraph (e)—

(i) for the words " in writing served in the prescribed manner on " there shall be substituted the words " given in the prescribed manner to "; and

(ii) for the words " on which an aircraft takes off or lands " there shall be substituted the words " or series of occasions on which aircraft take off or land ".

(6) In section 29(5) (power of Secretary of State to give directions for purpose of limiting or mitigating effect of noise and vibration connected with taking off and landing of aircraft), after the words " for the purpose of " there shall be inserted the word " avoiding, ".

(7) In section 29(11) (interpretation of section 29), for the words " or subsection (3)" there shall be substituted the words " , (3) or (3A) ".

(8) In section 29A (which was inserted by the [1975 c. 78.] Airports Authority Act 1975 in connection with the consolidation of the [1965 c. 16.] Airports Authority Act 1965 and certain related enactments), after subsection (6) there shall be inserted the following subsection:—

“(6A) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(9) Section 36 (1imitations on disclosure of information furnished to Authority or Secretary of State) shall be amended as follows:—

(a) in subsection (1) (prohibition of disclosure of information except in specified circumstances), after paragraph

(b) there shall be inserted the following paragraph:—

“(bb) that person is an individual who is dead, or is a body corporate that has ceased to exist or, whether an individual or a body corporate, cannot be found after all reasonable inquiries have been made, and the Secretary of State determines that the information may be disclosed ; or”;

(b) in subsection (1)(c), for the words from " after " onwards there shall be substituted the words " made a determination in pursuance of paragraph (b) or (bb) above. ";

(c) after subsection (1), there shall be inserted the following subsection:—

“(1A) For the purposes of subsection (1) above, all reasonable inquiries to find a body corporate shall be deemed to have been made if—

(a) in the case of a company within the meaning of the Companies Act 1948 or the Companies Act (Northern Ireland) 1960, inquiries have been made at its registered office ; or

(b) in the case of a company incorporated outside the United Kingdom and having a place of business within the United Kingdom, inquiries have been made at every address registered in respect of that company for the purposes of section 407(1)(c) of the said Act of 1948, or section 356(1)(c) of the said Act of 1960 (address for service of oversea companies).”; and

(d) in subsection (2) (disclosures to which subsection (1) does not apply)—

(i) for the words " the preceding subsection" there shall be substituted the words " subsection (1) above "; and

(ii) after paragraph (d) there shall be inserted the following paragraph:—

“(dd) by the Authority for the purpose of complying with any duty imposed on the Authority by section 27(2) of this Act;”.

(10) In section 63(4), for the words " sections 15 and 29A " there shall be substituted the words " section 15 ".