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Scotland Act 1998

Details of Provisions

The regulation of aviation and air transport is a reserved matter.  That includes the subject-matter of the following Acts:


the Carriage by Air Act 1961;  the Carriage by Air (Supplementary Provisions) Act 1962;   the Carriage by Air and Road Act 1979 (so far as it relates to carriage by air).

These three Acts implement the provisions of the Warsaw Convention (as amended at the Hague and Montreal) which applies to all international carriage by aircraft of persons, baggage or cargo for reward;


the Civil Aviation Act 1982.  This Act deals with such matters as the constitution and functions of the Civil Aviation Authority, aerodromes, the regulation of civil aviation, aircraft and related matters;


the Aviation Security Act 1982.  This Act deals with offences against the safety of aircraft and the protection of aircraft, aerodromes and air navigation installations against acts of violence;


the Airports Act 1986.  This Act deals with the transfer of airport undertakings of local authorities, the regulation of the use of airports and the economic regulation of airports, the status of airport operators as statutory undertakers and related matters; and


sections 1 and 48 of the Aviation and Maritime Security Act 1990.  These sections relate to endangering safety at aerodromes and powers in relation to certain aircraft.

In addition, arrangements to compensate and repatriate passengers where an air transport operator becomes insolvent are reserved.  At present the non-statutory Air Travel Trust Fund, which operates in conjunction with the Air Travel Organisers’ Licence Scheme, provides funds for the repatriation and compensation of passengers where an air transport operator becomes insolvent.


The following exceptions from the reservation are made, as amended by S.I. 2000/3252:


The subject-matter of the following sections of the Civil Aviation Act 1982:


section 25 (the power of the Secretary of State to provide aerodromes);


section 30 (the provision of aerodromes and facilities at aerodromes by local authorities);


section 31 (power to carry on ancillary business in connection with local authority aerodromes);


section 34 (financial assistance for certain aerodromes);


section 35 (facilities for consultation at certain aerodromes);


section 36 (health controls at certain aerodromes); and


sections 41 to 43 and 50 (powers in relation to land) where land is to be or was acquired for airport development or expansion.


The subject-matter of Part II and sections 63, 64 and 66 of the Airports Act 1986. These relate to the transfer of airport undertakings of local authorities, airport bylaws, and functions of operators of designated airports in respect of abandoned vehicles.


The subject-matter of sections 59 and 60 (acquisition and disposal of land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion; and


Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services. The purpose of this exception which was added by S.I. 2000/3252, was to enable the Scottish Parliament to legislate in the Transport (Scotland) Act 2001 (asp 2) to empower the Scottish Ministers to require Scottish public authorities with mixed functions to produce joint transport strategies specifically covering the provision of air services.

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