Part III Regulation of Civil Aviation

War and emergencies

63 Control of CAA and air transport undertakings in time of war or emergency.

1

In time of war, whether actual or imminent, or of great national emergency, the Secretary of State may by order require that—

a

all or any property or rights of or under the control of the CAA.

b

the whole or any part of the relevant undertaking of any British air transport business,

c

all or any property or rights of or under the control of any such business which appertain to that undertaking,

shall be placed at the disposal of the Secretary of State.

2

References in this section to a British air transport business are references to any person or body appearing to the Secretary of State to have his or its principal place of business in the United Kingdom whose business includes the provision of commercial air transport services; and in relation to any such business “the relevant undertaking” in subsection (1)(b) above means that part of its undertaking which consists of the provision of commercial air transport services.

In this subsection “commercial air transport services” means services for the carriage by air of passengers or cargo for hire or reward.

3

While an order under this section is in force with respect to the CAA—

a

the Secretary of State may give the CAA such directions as he thinks fit; and

b

in so far as any directions given in pursuance of this subsection conflict with the requirements of any enactment or instrument relating to the CAA, apart from the preceding provisions of this section, those requirements shall be disregarded.

4

While an order under this section is in force with respect to any British air transport business, the Secretary of State may give to the persons managing that business such directions as he thinks fit for conducting, managing or dealing with any part of its undertaking, or any property or rights, placed at his disposal by virtue of the order; and it shall be the duty of those persons to comply with those directions.

5

An order under this section may, for the purpose of securing compliance with its provisions, provide for the imposition—

a

on summary conviction of a fine not exceeding the statutory maximum; and

b

on conviction on indictment of a fine or imprisonment for a term not exceeding two years or both.

6

Any person who suffers direct injury or loss owing to the operation of an order under this section shall be entitled to receive compensation from the Secretary of State of which the amount shall be fixed, in default of agreement, by the Lands Tribunal; and the principles of the Land Compensation Act shall, with the necessary modifications, apply where possession is taken of any land.