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Statutory Instruments

2009 No. 2350

Civil Aviation, England And Wales

The Aerodromes (Designation)(Detention and Sale of Aircraft)(England and Wales) Order 2009

Made

31st August 2009

Laid before Parliament

3rd September 2009

Coming into force

1st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 88(10) of the Civil Aviation Act 1982(1):

Citation and commencement

1.  This Order may be cited as the Aerodromes (Designation)(Detention and Sale of Aircraft)(England and Wales) Order 2009 and comes into force on 1st October 2009.

Extent

2.  This Order extends to England and Wales.

Designation of airports

3.  The aerodromes specified in Schedule 1 are designated for the purposes of section 88 of the Civil Aviation Act 1982.

4.  The Orders specified in Schedule 2 are revoked.

Signed by authority of the Secretary of State for Transport

Paul Clark

Parliamentary Under Secretary of State

Department for Transport

31st August 2009

Article 3

SCHEDULE 1

Article 4

SCHEDULE 2

Title of OrderS.I.Year/reference
The Southampton Airport (Designation) (Detention and Sale of Aircraft) Order 19721972/189
The Lydd Airport (Designation) (Detention and Sale of Aircraft) Order 19721972/1736
The Aerodromes (Designation) (Detention and Sale of Aircraft) (No 2) Order 19861986/1347
The Aerodromes (Designation) (Detention and Sale of Aircraft) Order 19871987/1377
The Aerodromes (Designation) (Detention and Sale of Aircraft) (No 2) Order 19871987/2229
The Aerodromes (Designation) (Detention and Sale of Aircraft) Order 19901990/1527
The Gloucestershire Airport (Designation) (Detention and Sale of Aircraft) Order 19921992/3106
The Cranfield Airport (Designation) (Detention and Sale of Aircraft) Order 19931993/1026
The Aerodromes (Designation) (Detention and Sale of Aircraft) Order 19951995/2475
The Coventry Airport (Designation) (Detention and Sale of Aircraft) Order 19981998/1827

EXPLANATORY NOTE

(This note is not part of the Order)

Section 88 of the Civil Aviation Act 1982 confers upon the person owning or managing an aerodrome to which the section applies a power to detain and sell aircraft in certain circumstances where airport charges have not been paid. Section 88(10) of the Act provides that the section applies to any aerodrome owned or managed by any government department or a local authority and to any other aerodrome designated for the purposes of the section by an order made by the Secretary of State. This Order consolidates the designation orders made previously by the Secretary of State as regards aerodromes in England and Wales and also designates Bristol (Filton), Carlisle, Doncaster/Sheffield, Farnborough, Manston, Oxford and Wolverhampton as aerodromes to which section 88 applies. The Order leaves unaffected earlier orders in so far as they relate to the designation of aerodromes located in Scotland.

An Impact Assessment has not been prepared for this instrument as there are no costs or benefits to business.

(1)

1982 c.16; section 88(10) was amended by Part 1 of Schedule 6 to the Airports Act 1986 (c.31), paragraph 6 of Part 3 of Schedule 8 to the Transport Act 2000 (c.38) and paragraph 2 of Schedule 2 to the Civil Aviation Act 2006 (c.34). The functions of the Secretary of State, in so far as they are exercisable in or as regards Scotland, were transferred to the Scottish Ministers by Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).