Civil Aviation Act 1978

PART II Consolidation Amendments

Civil Aviation Act 1949 (c. 67)

9 (1) The [1949 c. 67.] Civil Aviation Act 1949 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 10(1) (investigation of accidents), the word " British " shall be omitted.

(3) It is hereby declared that the duty imposed by subsection (1) of section 18 (health control at Secretary of State's aerodromes) in relation to Great Britain on the Secretary of State is imposed in relation to Northern Ireland on the Department of Health and Social Services for Northern Ireland acting alone ; and that section shall be amended as follows:—

(a) in subsection (1)(b), the words " necessary or" shall be omitted ;

(b) in subsection (2), the words " and services provided " shall be omitted.

(4) Section 19 shall be amended as follows:—

(a) in subsection (1) (power of local authorities to provide aerodromes), for the words " provide and maintain in connection therewith" there shall be substituted the words " may, in connection with the establishment and maintenance of those aerodromes, provide and maintain "; and

(b) after subsection (2) (power of local authorities to purchase land compulsorily for purpose of providing aerodromes) there shall be inserted the following subsection:—

“(2A) In relation to the compulsory purchase of land under this section—

(a) if the land is in England and Wales, the Acquisition of Land (Authorisation Procedure) Act 1946 ; and

(b) if the land is in Scotland, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947,

shall apply as if (in either case) this Act had been in force immediately before the commencement of that Act”.

(5) In section 20 (power of local authority to carry on ancillary business at aerodrome) for the word " provided" there shall be substituted the word " maintained " and for the words " carrying on " the word " maintaining ".

(6) In section 59 (extraterritorial effect), for " British aircraft " wherever occurring there shall be substituted " aircraft ".

(7) Sub-paragraph (4)(b) above shall be deemed to have had effect as from the passing of the said Act of 1949.

Civil Aviation Act 1968 (c. 61)

10 (1) The 1968 Act shall be amended as follows.

(2) In section 1 (control of road traffic at Secretary of State's aerodromes and local authority aerodromes)—

(a) in subsection (3), for the words " require the person owning or managing the aerodrome in question" there shall be substituted the words " , in the case of an aerodrome owned or managed by a local authority, require that authority "; and

(b) in subsection (4), for the words from " aerodrome " onwards there shall be substituted the words " aerodrome owned or managed by a local authority, the Secretary of State shall consult that authority. ".

(3) In section 4(1) (byelaws at certain private aerodromes), before the words " the British Airports Authority " there shall be inserted the words " the Civil Aviation Authority, ".

(4) Section 6 (provision of facilities by local authorities at aerodromes not established or maintained by them) shall be amended as follows:—

(a) in subsection (1), after the word " provides" there shall be inserted the words " and maintains ", and at the end there shall be added the words " , and the provisions of that section shall have effect accordingly. ";

(b) in subsection (2), for the words " provided by ", in both places where they occur, there shall be substituted the words " maintained by " and the words " provided and " shall be omitted ;

(c) in subsection (3), for the word " provided " there shall be substituted the word " maintained "; and

(d) in subsection (4), for the words " provided as " there shall be substituted the words " maintained as ".

Civil Aviation Act 1971 (c. 75)

11 (1) The 1971 Act shall be amended as follows.

(2) In section 4(3) (power of Secretary of State to give Civil Aviation Authority specific directions) for the words " subsections (1) and (2) " there shall be substituted the words " subsection (1) ".

(3) In section 9(5) the words from " and any charge " onwards (being unnecessary words relating to the enforcement of charges payable to the Civil Aviation Authority) shall be omitted.

(4) In section 29—

(a) after subsection (8) (powers of Secretary of State when a person fails to perform certain duties in relation to noise control, etc.) there shall be inserted the following subsection :—

“(8A) Subsection (8)(b) above is without prejudice to the Secretary of State's power apart from that paragraph to recover the expenses mentioned therein.”;

(b) in subsection (9), for the words " the preceding subsection " there shall be substituted the words " subsection (8) above ".

(5) In section 32(3) (health control at Civil Aviation Authority's aerodromes in Northern Ireland), the words from "but nothing" onwards shall be omitted.