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Scotland Act 1998


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.

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