Part IAir traffic
Chapter IITransfer schemes
CAA’s schemes
43Transfer schemes made by CAA
1
After consulting the CAA the Secretary of State may give a direction requiring it to make a transfer scheme.
2
A direction may specify how a scheme is to be made and the time within which it is to be made and submitted to the Secretary of State (as well as what is to be transferred, the transferor and the transferee).
3
In so far as a direction conflicts with the requirements of an enactment or instrument, the requirements are to be disregarded.
4
No direction may be given under this section before the end of the period of three months starting with the day on which this Act is passed.
44Effect of scheme made by CAA
1
This section applies to a scheme made under section 43.
2
A scheme does not come into force unless the Secretary of State approves it in writing.
3
Subject to that, a scheme comes into force on—
a
the day it specifies for it to come into force, or
b
if the approval specifies a day for it to come into force, that day.
4
The Secretary of State may modify a scheme before approving it and after consulting each person who is a transferor or a transferee.
5
When a scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
6
Any transferor or transferee (other than the Secretary of State) must provide the Secretary of State with any information and other assistance he may reasonably require in connection with his powers to approve and modify under this section.
7
If a body fails without reasonable excuse to comply with subsection (6) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8
In this section “modify” includes add to, omit from and otherwise alter.
9
No approval may be given under this section before the end of the period of three months starting with the day on which this Act is passed.