Civil Aviation Act 1982

52 Displacements from land. U.K.

(1) This section applies where—

(a) the Secretary of State has acquired land for purposes connected with the exercise of his functions relating to civil aviation;

(b) the Secretary of State (in a case not falling within paragraph (a) above) or the Department of the Environment for Northern Ireland has acquired land in pursuance of this Part of this Act;

(c) the CAA has acquired land for purposes connected with the discharge of its functions; or

[F1 (ca) a licence holder has acquired land for purposes connected with the carrying out of the activities authorised by the licence;]

(d) the Secretary of State gives a direction in relation to any land in pursuance of an order made under section 46(1) above;

and the use of the land by the person who has acquired it for the purpose for which he acquired it or, as the case may be, the execution of the direction will involve the displacement of persons residing in premises on the land.

(2) Where this section applies, the following, that is to say—

(a) in a case falling within paragraph (a), (b) [F2 , (c) or (ca)] of subsection (1) above, the person who has acquired the land,

(b) in a case falling within paragraph (d) of that subsection where the person in respect of whom the order was made is the Secretary of State or Eurocontrol, the Secretary of State, and

(c) in any other case falling within the said paragraph (d), the person in respect of whom the order was made,

shall be under a duty, in so far as there is no other residential accommodation available on reasonable terms to the persons who require it in consequence of the displacement, being residential accommodation suitable to the reasonable requirements of those persons, to secure the provision of such accommodation.

(3) A person required under subsection (2) above to secure the provision of accommodation shall secure its provision in advance of the displacement unless—

(a) in a case falling within paragraph (a), (c) [F3 , (ca)] or (d) of subsection (1) above, the Secretary of State is satisfied that for reasons of exceptional public importance it is essential that the displacement should be effected before such accommodation as aforesaid can be found; or

(b) in a case falling within paragraph (b) of that subsection, the Secretary of State or, as the case may be, the Department of the Environment for Northern Ireland is so satisfied.

Textual Amendments

F1 S. 52(1)(ca) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 10(2) (with s. 106); S.I. 2001/869, art. 2

F2 Words in s. 52(2)(a) substituted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 10(3) (with s. 106); S.I. 2001/869, art. 2

F3 Words in s. 52(3)(a) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 10(4) (with s. 106); S.I. 2001/869, art. 2

Modifications etc. (not altering text)

C1 S. 52 extended with modifications by Airports Act 1986 (c. 31, SIF 9), s. 59(3)(4)