UKPGA-2000-38 Transport Act 2000 UK

The Secretary of State must exercise his functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).

The Secretary of State must exercise his functions under this Chapter in the manner he thinks best calculated—

The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.

If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the Secretary of State must apply them in the manner he thinks is reasonable having regard to them as a whole.

The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.

This section does not apply to the exercise of the Secretary of State’s functions under section 38.

The CAA must exercise its functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).

The CAA must exercise its functions under this Chapter in the manner it thinks best calculated—

The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.

If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.

Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its functions under this Chapter.

A person commits an offence if he provides air traffic services in respect of a managed area.

But subsection (1) is subject to subsections (3) to (5).

Subsection (1) does not apply if the person—

Subsection (1) does not apply if the person—

Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).

For the purposes of this section—

A person who commits an offence under this section is liable—

No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of—

The Secretary of State may by order grant an exemption authorising the provision of air traffic services in respect of a managed area.

An exemption—

An exemption granted to persons of a specified description must be published in such manner as the Secretary of State thinks appropriate for bringing it to the attention of persons of that description.

An exemption continues in force for the period specified in or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.

A licence may be granted to a company authorising it to provide air traffic services in respect of a managed area.

A licence—

A licence is not valid unless it is in writing.

A licence is not valid unless it is granted to a company... that is limited by shares.

A licence continues in force for the period specified in it or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.

A licence may not be transferred.

A licence may be granted by—

A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise).

An application for a licence—

On an application the licence authority may grant or refuse the licence.

Before granting or refusing a licence the licence authority must—

The notice must—

As soon as practicable after granting a licence the grantor must send a copy—

The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3—

The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).

The application fee is—

“Prescribed” means prescribed by regulations made by the Secretary of State.

A licence may include such provisions as the licence authority thinks are necessary or expedient; and a provision need not relate to services authorised by the licence.

In particular, provision of the following kinds may be included—

A reference in subsection (2) to a person is to—and any of those persons may be the licence authority or some other person.

A licence may include provisions requiring a payment on its grant or payments during its currency (or both)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Such provisions as the licence authority thinks fit may be expressed as conditions.

A licence condition may include provision for its modification only if it specifies or describes—

If a licence condition includes such a provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions.

A term of a licence may be modified only in accordance with the provision made by this Chapter about modifying terms of a licence.

The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).

While a licence is in force its holder—

A licensed area is an area in respect of which the licence authorises its holder to provide air traffic services.

Authorised services are services of the description specified in the licence as the description of services which the holder of the licence is authorised to provide.

For the purposes of subsection (1)(a) a system for the provision of services is safe if (and only if) in providing the services the person who provides them complies with such requirements as are imposed by Air Navigation Orders with regard to their provision.

An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.

If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder.

A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area.

A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.

No action is to lie in respect of a failure by a licence holder to perform—

But subsection (1) does not affect—

The CAA may modify a licence by modifying the licence conditions.

Subsection (1) is subject to section 11B.

The Secretary of State may modify a licence—

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Before modifying a licence in reliance on section 11, the modifying authority must—

The persons are—

The notice under subsection (1) must—

If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

The notice under subsection (5) must—

The date specified under subsection (7)(b)—

In this section “modifying authority”—

The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

The CAA must—

The persons are—

Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the licence conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

In subsection (1) above “relevant order” means—

As soon as practicable after making modifications under this section the relevant authority must send a copy of them to the licence holder and a copy to the CAA.

Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.

The 2002 Act is the Enterprise Act 2002.

An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).

An appeal may be brought under this section only by—

“Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.

An appeal may be brought under this section only with the permission of the CMA.

An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.

The CMA may refuse permission to appeal under this section only on one of the following grounds—

This subsection is satisfied if the appeal is brought—

In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against.

Where it allows an appeal under section 19A, the CMA must do one or more of the following—

Where it allows only part of an appeal under section 19A—

Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to—

The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction.

A direction given by the CMA under this section to a person other than the CAA is enforceable—

The CMA must determine an appeal under section 19A within the period of 24 weeks beginning with the day on which the CAA published, in accordance with section 11A, the notice of the decision that is the subject of the appeal. This is subject to subsections (2) to (5).

The CMA may extend the appeal period by not more than 12 weeks if satisfied that there are good reasons for doing so.

The CMA may extend the appeal period only once in reliance on subsection (2).

The CMA may extend the appeal period by any period that it considers appropriate if—

The CMA may extend the appeal period more than once in reliance on subsection (4).

If the CMA extends the appeal period it must—

Those persons are—

The Secretary of State may by regulations modify the periods of time specified in this section.

In this section “appeal period”, in relation to an appeal under section 19A, means the period allowed for determining the appeal.

A determination made by the CMA on an appeal under section 19A—

The order must set out the reasons for the determination.

The CMA must—

Those persons are—

The CMA may exclude from publication under subsection (3) any information that it is satisfied is—

The CAA must take any steps that it considers necessary for it to comply with the order.

The steps must be taken—

Schedule A1 makes further provision in respect of appeals under section 19A.

In carrying out the functions listed in subsection (3), the CMA must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

Those functions are—

Except where Schedule A1 provides otherwise, the functions of the CMA with respect to an appeal under section 19A are to be carried out on behalf of the CMA by a group constituted for the purpose, by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.

Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.

The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

The CAA may recover from any person as a debt due to the CAA—

Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

The CAA must prepare and publish a statement of its policy with respect to—

The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

No licence company may be wound up voluntarily.

No application may be made to a court for an administration order under Part II of the 1986 Act in relation to a licence company, and—

No step may be taken by a person to enforce any security over the property of a licence company unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to take the step.

No application for the winding up of a licence company may be made by a person other than the Secretary of State unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to make the application.

In subsection (3) “security” and “property” have the same meanings as in Parts I to VII of the 1986 Act.

In this section and sections 27 to 30—

This section applies if an application is made to any court for the winding up of a licence company.

The Secretary of State and the CAA are entitled to be heard by the court.

The court must not make a winding up order or appoint a provisional liquidator.

But if the court is satisfied that it would be appropriate to make a winding up order if the company were not a licence company, it must instead make an air traffic administration order.

The Secretary of State and the CAA may propose a person to manage the company’s affairs, business and property while an air traffic administration order is in force; and if they do the court must appoint that person.

A reference to the court is to the court which (but for this section) would have jurisdiction to wind up the company.

The court may make an air traffic administration order in relation to a licence company if—

The first condition is that the company is or is likely to be unable to pay its debts.

The second condition is that—

The third condition is that—

The fourth condition is that—

For the purposes of subsection (2) a company is unable to pay its debts if it is deemed to be unable to do so under section 123 of the 1986 Act.

In subsections (4) and (5)—“section 8 duty” means a duty imposed on a licence holder by section 8;“licence condition” means a condition of a licence holder's licence.

A reference to the court is to the court which (but for section 27) would have jurisdiction to wind up the company.

An air traffic administration order made under section 27 or 28 is an order directing that in the period while the order is in force the company’s affairs, business and property are to be managed by a person appointed by the court—

The first purpose is—

The second purpose is the carrying on, pending the transfer, of the licence company’s licensed activities.

A reference to a licence company’s licensed activities is to the activities which the licence concerned authorises the company to carry out.

In subsection (1) “business” and “property” have the same meanings as in the 1986 Act.

The reference in subsection (1) to the court is to the court making the order.

A petition under section 28 above cannot be withdrawn except with the court’s leave.

Section 9(4) and (5) of the 1986 Act (court’s powers) apply on the hearing of a petition under section 28 above as they apply on the hearing of a petition for an administration order.

Section 10(1), (2), (4) and (5) of the 1986 Act (effect of petition) apply in the case of a petition under section 28 above as if—

Schedules 1 and 2 contain provisions relating to air traffic administration orders.

The power given by section 411 of the 1986 Act to make rules applies for the purpose of giving effect to the air traffic administration order provisions as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking references to those Parts as references to those provisions.

The air traffic administration order provisions are sections 27 to 29, this section and Schedules 1 and 2.

The reference in subsection (1) to the court is to the court to which the application by petition is made.

If an air traffic administration order is in force in relation to a company the Secretary of State may—

The Secretary of State may guarantee, in such manner and on such terms as he thinks fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum borrowed from any person by a company in relation to which an air traffic administration order is in force when the guarantee is given.

The terms on which a grant is made under this section may require all or part of it to be repaid to the Secretary of State if there is a contravention of the other terms on which it is made.

A loan made under this section must be repaid to the Secretary of State at such times and by such methods, and interest must be paid to him at such rates and times, as may be specified in directions given by him from time to time.

Subsections (3) and (4) do not prejudice any provision applied in relation to the company by Schedule 1.

A grant, loan, agreement to indemnify, guarantee or direction under this section requires the Treasury’s consent.

The air traffic administrator is the person appointed by the court to achieve the purposes of the air traffic administration order.

This section applies to a guarantee given under section 31.

Immediately after a guarantee is given the Secretary of State must lay a statement of it before each House of Parliament.

If a sum is paid out for fulfilling a guarantee, as soon as possible after the end of each relevant financial year the Secretary of State must lay a statement relating to the sum before each House of Parliament.

If any sums are paid out for fulfilling a guarantee the borrowing company must make to the Secretary of State at such times and in such manner as may be specified in directions given by him from time to time—

Subsection (4) does not prejudice any provision applied in relation to the borrowing company by Schedule 1.

A direction under this section requires the Treasury’s consent.

Relevant financial years are financial years starting with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and interest on it is finally discharged.

The borrowing company is the company which borrowed the sums in respect of which the guarantee was given.

A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition.

Where a representation is made to the CAA, the CAA may—

A section 8 duty is a duty imposed on a licence holder by section 8.

The CAA must compile and maintain a register for the purposes of this Chapter.

The register must be kept at such premises and in such form as the CAA decides.

The CAA must cause these matters to be entered in the register—

The duty in subsection (3) does not extend to anything of which the CAA is unaware.

So far as practicable the CAA must secure the exclusion from the register of any matter relating to the affairs of a person if the CAA thinks its inclusion would or might seriously and prejudicially affect the person’s interests.

If the Secretary of State thinks that entry of anything in the register would be against the public interest or any person’s commercial interests, he may give a direction to the CAA requiring the CAA not to enter it.

The CAA must secure that the contents of the register are available for inspection by the public during such hours as may be specified in an order made by the Secretary of State.

If requested by any person to do so the CAA must supply him with a copy (certified to be true) of the register or of an extract from it.

But subsection (8) does not apply if a charge required by a scheme or regulations made under section 11 of the Civil Aviation Act 1982 is not paid.

The Secretary of State may give to a licence holder or to licence holders generally such directions of a general character as he thinks are necessary or expedient—

The Secretary of State may give to a licence holder a direction requiring it to do or not to do a particular thing, if the Secretary of State thinks it necessary or expedient to give the direction in the interests of national security.

The Secretary of State may give to a licence holder a direction requiring it—if the Secretary of State thinks it necessary or expedient to give the direction in order to discharge or facilitate the discharge of an international obligation of the United Kingdom.

In exercising his powers under subsections (1) to (3) the Secretary of State must have regard to the need to maintain a high standard of safety in the provision of air traffic services.

In so far as a direction under this section conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.

In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.

Before giving a direction under this section to a particular licence holder (as opposed to licence holders generally) the Secretary of State must consult it.

The Secretary of State must send a copy of a direction under this section to the CAA.

The Secretary of State must lay before each House of Parliament a copy of a direction under this section unless he thinks its disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person.

A person must not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done by virtue of this section if the Secretary of State notifies him that he thinks disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person (other than the person notified).

A person commits an offence if—

A person who commits an offence under this section is liable—

The Secretary of State may give such directions as he thinks are necessary or expedient—

Directions under this section may be given to—

A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.

A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.

In so far as a direction under this section conflicts with the requirements of section 38 or 93 or of an order under section 94, the direction is to be disregarded.

In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 93 or an order under section 94, the requirements are to be disregarded.

Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult—

This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—

An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).

These are managed areas—

An exemption is an exemption under this Chapter.

A licence is a licence under this Chapter, and references to a licence holder must be construed accordingly.

A licence condition is a provision of a licence which is expressed as a condition.

A term of a licence is a provision of a licence which is not a licence condition.

“Modification” includes addition, alteration and omission, and cognate expressions are to be construed accordingly.

“Air transport service” and “user”, in relation to such services, have the meaning given in section 69(1) of the Civil Aviation Act 2012 (air transport services).

“The CMA” is the Competition and Markets Authority.

References in this Chapter to a notice are to a notice in writing.

Where a person is required to publish something by this Chapter, the person must publish it in whatever form and manner the person considers appropriate for bringing it to the attention of persons likely to be affected by it.

A representation includes an objection.

A contravention includes a failure to comply, and related expressions are to be read accordingly.

A contravention notice is a notice under paragraph 1 of Schedule B1.

An enforcement order is an order under paragraph 3 of Schedule B1.

An urgent enforcement order is an order under paragraph 5 of Schedule B1.

For the purposes of this Chapter one person is connected to another if they are group undertakings in relation to each other.

“Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).

The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Chapter, including provision amending or otherwise modifying subsections (1) and (2).

For the purposes of this Chapter a transfer scheme is a scheme which contains provisions falling within one or more of subsections (2) to (8).

Provisions falling within this subsection are ones for the transfer of any of the CAA’s property, rights or liabilities or of all or part of its undertaking to any of the following—

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the CAA or of all or part of the transferor’s undertaking to any of the following—

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the CAA, or of all or part of the transferor’s undertaking, to any of the following—

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown but which was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) in circumstances where the transferor is a wholly owned subsidiary of a company (the holding company) wholly owned by the Crown and the holding company was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—

Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.

To the extent that a scheme provides for the transfer of all or part of an undertaking, references in the following provisions of this Chapter to property, rights and liabilities are to the undertaking or part (including property, rights and liabilities falling within it).

The things which may be transferred by a transfer scheme include—

A scheme may divide any property, rights or liabilities of a transferor and in connection with the division may—

A scheme may impose obligations on a transferor and transferee to take any necessary steps to secure that the following have effect—

A scheme may—

A scheme may make such supplementary, incidental, consequential or transitional provisions as the scheme’s maker thinks are appropriate.

After consulting the CAA the Secretary of State may give a direction requiring it to make a transfer scheme.

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).

In so far as a direction conflicts with the requirements of an enactment or instrument, the requirements are to be disregarded.

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.

This section applies to a scheme made under section 43.

A scheme does not come into force unless the Secretary of State approves it in writing.

Subject to that, a scheme comes into force on—

The Secretary of State may modify a scheme before approving it and after consulting each person who is a transferor or a transferee.

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.

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.

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.

In this section “modify” includes add to, omit from and otherwise alter.

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.

This section applies if—

In such a case the Secretary of State may make a transfer scheme after consulting each person who is a transferor or a transferee.

A scheme made under this section comes into force on the day it specifies for it to come into force.

When the scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.

No scheme may be made under this section before the end of the period of three months starting with the day on which this Act is passed.

If the Secretary of State proposes to make a transfer scheme he may give a direction to an interested body requiring it—

These are interested bodies—

If a body fails to comply with a direction under subsection (1) the Secretary of State may serve on it a notice which—

No body may be required under this section—

If a body fails without reasonable excuse to do anything required of it by a notice under subsection (3) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

If a body intentionally alters, suppresses or destroys a document which it has been required to produce by a notice under subsection (3) it is guilty of an offence and liable—

If a body makes default in complying with a notice under subsection (3) the court may on the Secretary of State’s application make such order as the court thinks fit for requiring the default to be made good.

An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne—

A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

A reference to the court is to—

This section applies if any property, rights or liabilities are transferred under a transfer scheme—

The transfer scheme may state—

The value or amount which may be stated by virtue of subsection (2) is—

But if the maker of the transfer scheme considers that some other value or amount is appropriate, the value or amount which may be stated by virtue of subsection (2) is that other amount or value.

If no value or amount appeared as mentioned in subsection (3) in the case of an asset or liability, the value or amount which may be stated by virtue of subsection (2) is the value or amount which the maker of the transfer scheme considers appropriate.

The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised profits is to be determined as if such proportion of any profits realised and retained by the transferor as may be determined by or in accordance with the transfer scheme had been realised and retained by the transferee.

The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised losses is to be determined as if such proportion of any accumulated realised losses of the transferor as may be determined by or in accordance with the transfer scheme had been losses realised by the transferee.

When the transfer scheme comes into force a statement or provision under subsection (2), (6) or (7) has effect to require any value or amount concerned to be entered or determined accordingly.

This section applies for the purposes of section 47.

The opening accounts of the transferee are—

The last full accounts of the transferor are—

An accounting year is—

Statutory accounts are accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (4).

The Secretary of State may give a direction under this section to the transferee if when the direction is given it is a company falling within subsection (4).

A direction under this section is one requiring the transferee—

A company falls within this subsection if it is—

The appropriate person is such of the following as the Secretary of State may specify in the direction—

Shares issued in pursuance of this section—

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is—

The Treasury or the Secretary of State with the Treasury’s consent may—

The Secretary of State must not dispose of any securities or options acquired under this section without the Treasury’s consent.

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is—

The Secretary of State may by order designate such a transferee for the purposes of this section.

The Secretary of State must ensure that the Crown does not dispose of any of the shares it holds in the designated company unless he is satisfied that a scheme is in place to ensure the completion of any project which—

The Secretary of State must ensure that the Crown does not dispose of any of the shares it holds in the designated company unless—

The Secretary of State must ensure that at any given time the Crown holds at least 25 per cent of the designated company’s issued ordinary share capital.

The Secretary of State must ensure that the Crown continues to hold any special share provided for under the designated company’s articles of association.

A special share is a share which can be held only by the Crown and which gives the shareholder the right to prevent certain events by withholding consent.

The Secretary of State must not consent to any alteration of the designated company’s articles of association which requires his consent on behalf of the Crown as special shareholder unless a statement of the intended consent has been laid before and approved by resolution of each House of Parliament.

If a person enters into a transaction relating to shares issued by the designated company—

Grounds on which the Secretary of State may be satisfied that a scheme is in place as mentioned in subsection (3) include the grounds that the arrangements for the disposal of the shares include provision obliging the person acquiring them to ensure the completion of the project.

For the purposes of this section a project concerns the development of major facilities if (and only if) the Secretary of State thinks that the value of the project is above £200 million.

The Secretary of State may by order amend or repeal this section.

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).

With the Treasury’s approval the Secretary of State may make loans of such amounts as he thinks fit to the transferee if when the loans are made it is a company falling within subsection (3).

A company falls within this subsection if it is—

If loans are made under this section—

The Secretary of State must exercise his powers under this section so as to ensure that the aggregate of the amounts outstanding in respect of the principal of loans made under this section does not at any time exceed £1,000 million.

In respect of each financial year the Secretary of State must prepare, in such form as may be specified in a direction given by the Treasury, an account of—

The Secretary of State must send the account to the Comptroller and Auditor General not later than the end of the month of August in the following financial year.

The Comptroller and Auditor General must examine, certify and report on the account and must lay copies of it and of his report before each House of Parliament.

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).

The Treasury or the Secretary of State may guarantee the discharge of any financial obligation of the transferee if when the guarantee is made it is a company falling within subsection (3).

A company falls within this subsection if it is—

In the case of a financial obligation incurred before the giving of a guarantee, it is immaterial when the obligation was incurred.

A guarantee may be given on such terms and in such manner as the Treasury or the Secretary of State decides.

A guarantee may continue to have effect after the transferee has ceased to be a company falling within subsection (3).

The Treasury may not give a guarantee in relation to a financial obligation which is owed by the transferee to the Secretary of State.

A guarantee may not be given unless the Treasury or the Secretary of State has entered into arrangements under which the transferee will be liable to make payments (including payments of interest) in respect of sums issued in fulfilment of the guarantee.

The Treasury and the Secretary of State must exercise their powers under this section so as to ensure that the aggregate of the amounts of principal in relation to which guarantees are given under this section does not at any time exceed £500 million.

As soon as practicable after giving a guarantee under this section the Treasury or the Secretary of State must lay a statement of the guarantee before each House of Parliament.

As soon as practicable after issuing a sum in fulfilment of a guarantee under this section the Treasury or the Secretary of State must lay a statement relating to the sum before each House of Parliament.

If a payment is not made as required by arrangements under subsection (8), as soon as practicable after the default occurs the Treasury or the Secretary of State (depending on who made the arrangements) must lay a statement of the default before each House of Parliament.

This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).

With the Treasury’s approval the Secretary of State may make grants towards the transferee’s expenditure if when the grants are made it is a company falling within subsection (3).

A company falls within this subsection if it is—

Grants may be of such amounts and be made at such times and in such manner as the Secretary of State may determine with the Treasury’s approval.

Grants may be made subject to such conditions as the Secretary of State may determine with the Treasury’s approval.

Grants may be retained by the transferee after it has ceased to be a company falling within subsection (3) (subject to any condition imposed under subsection (5)).

This section applies if—

The first condition is that the transferee is a company whose shares or debentures are included in the Official List, within the meaning of Part IV of the Financial Services Act 1986, in pursuance of that Part.

The second condition is that immediately before its shares or debentures are admitted to the Official List the transferee is wholly owned by the Crown.

If this section applies, subsection (5) has effect for the purpose of applying paragraph 3(b) of Part IV of Schedule 1 to the Trustee Investments Act 1961 (dividends to be paid in each of the five years immediately preceding investment year) in relation to investment in shares or debentures of the transferee in the year of issue or any later year.

The transferee must be taken to have paid a dividend as mentioned in paragraph 3(b)—

For the purposes of this section—

This section applies if—

A company falls within this subsection if it is—

The condition is that—

For the purposes of the provisions listed in subsection (5) none of the persons listed in subsection (8) is to be regarded as a shadow director of the transferee or of a company associated with the transferee at a time while the condition set out in subsection (3) is satisfied.

The provisions are—

The persons are—

A special share is a share which can be held only by the Crown and which gives the shareholder the right to prevent certain events by withholding consent.

A company is associated with the transferee if the conditions in subsections (11) and (12) are satisfied.

The first condition is that the company is designated for the purposes of this subsection by an order of the Secretary of State.

The second condition is that the company is—

With the Treasury’s consent the Secretary of State may give a direction under this section to the CAA if he thinks that to do so would be appropriate in connection with a transfer scheme which has been or is proposed to be made.

A direction may be given in relation to a company which is wholly owned by the CAA when the direction is given, and it may require the CAA—

A direction may by virtue of subsection (2)(c) include provision as to instruments, their form and the time they are to be made.

A direction has effect to require the CAA to act in accordance with it even if to do so would not be in furtherance of the CAA’s functions arising apart from this section.

If a direction is given the Secretary of State may by order extinguish the CAA’s liability in respect of debts which satisfy these conditions—

A direction or order may relate to liability for principal only.

With the Treasury’s consent the Secretary of State may give one or more directions under this section if he thinks that to do so would be appropriate in connection with a direction which has been given under section 57.

A direction under this section may be given to a company falling within subsection (3), and it may require the company—

These companies fall within this subsection—

These are appropriate persons—

But a company does not fall within subsection (3), and a company is not an appropriate person, unless—

Different directions may be given under this section to the same company; and different directions may be given to different companies.

A company which is given a direction under this section must issue securities in accordance with it.

Securities issued in pursuance of this section must be issued at such times and on such terms as the direction concerned specifies.

Shares issued in pursuance of this section—

If a security is issued to a company in pursuance of section 49 or 58, for the purposes of its statutory accounts the value of the security when issued must be taken to have been equal to—

The nominal value or principal sum mentioned above must be taken to be accumulated realised profits for the purposes of the company’s statutory accounts.

If a direction under section 49 or 58 requires a company to issue a debenture the direction may specify—

The principal sum payable under the debenture, and the terms as to the payment of it and of interest on it, must be taken to be those so specified.

Statutory accounts are accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).

An obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) is enforceable by civil proceedings by a person with whom the agreement is to be made or by any transferor or transferee.

An obligation imposed by a provision included in a scheme by virtue of section 42(4)(b) is enforceable by civil proceedings by a person in whose favour the instrument is to be executed or by any transferor or transferee.

The proceedings may be for an injunction or for interdict or for any other appropriate relief or remedy.

A transaction effected in pursuance of an obligation mentioned in subsection (1) or (2)—

For the purposes of this section these rights affecting land are relevant land rights—

No relevant land right is to operate or become exercisable as a result of a transfer of land—

In the case of a transfer mentioned in subsection (2) a relevant land right is to have effect as if—

Subsection (5) applies if—

In such a case just compensation is payable to him by the person to whom the land is transferred or the person transferring it (or both) in respect of the right’s extinguishment.

A dispute about whether or how much compensation is payable or about the person to or by whom it is payable must be referred to and decided by—

If it appears to the person transferring the land that a person is or may be entitled to compensation he must—

But if the person transferring the land is not aware of the name and address of the person concerned he must publish in such manner as he thinks appropriate a notice—

Subsections (2) and (3) apply in relation to the doing of any thing in relation to land (including the grant or creation of an estate or interest in it or right over it) as they apply in relation to a transfer of land; and a reference in this section to the person to whom the land is transferred or the person transferring it is to be construed accordingly.

The Treasury or the Secretary of State with the Treasury’s approval may for the purposes of section 49, 50 or 58 appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.

In accordance with directions given from time to time by the Treasury or by the Secretary of State—

A person holding any securities as a nominee of the Treasury or the Secretary of State by virtue of this section must hold and deal with them (or any of them) on such terms and in such manner as may be specified in directions given by the Treasury or the Secretary of State.

A direction of the Secretary of State under subsection (2) or (3) requires the Treasury’s consent.

This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—

“Company” means a company as defined in section 1(1) of the Companies Act 2006.

A company is wholly owned by the Crown at any time when all its shares are held by the Crown.

Shares are held by the Crown if they are held—

“Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland.

A company is wholly owned by the CAA at any time when it has no members except—

A company which wholly owns another company is a company of which the other is a wholly owned subsidiary.

The expressions “subsidiary” and “wholly owned subsidiary” have the meanings given by section 1159 of the Companies Act 2006.

“Securities” has the same meaning as in section 142 of the Financial Services Act 1986.

A transferee is any person to whom anything is or is to be transferred by a scheme.

A transferor is any person from whom anything is or is to be transferred by a scheme.

The definitions in this section apply unless the contrary intention appears.

The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in a managed area.

No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA’s air navigation functions.

The chief executive of the CAA must, with the approval of the chair and at least one other non-executive member of the CAA, nominate another executive member of the CAA for the purposes of this section.

A person nominated under subsection (3) must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify.

The chief executive must consult the Secretary of State before nominating a person under subsection (3).

The following provisions are not to apply to the CAA’s air navigation functions—

A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection.

The Secretary of State may nominate a non-executive member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.

Subsection (3) applies if—

In such a case—

The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.

Directions under section 66(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.

The provision may include—

If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c) he may give such directions to the CAA as he thinks fit.

In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.

In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.

If a direction is given under section 66(1) the CAA—

If a direction is given under section 67(3) or section 68(3) the CAA—

The CAA must exercise its air navigation functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) and (3).

The CAA must exercise its air navigation functions in the manner it thinks best calculated—

If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.

Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its air navigation functions.

The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—

A requirement may be made under subsection (1)(b) only if the person is carrying on a business.

No person may be required under this section—

If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—

If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.

An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—

A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

A reference to the court is to—

This section applies for the purposes of this Chapter.

The CAA’s air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 66(1).

These are managed areas—

The CAA may specify—

On or after making specifications under subsection (1) the CAA may stipulate—

Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).

But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.

If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.

If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.

If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.

Subsections (3) to (7) have effect subject to section 74.

For the purposes of subsection (1)(c) persons include—

If the CAA makes specifications or stipulations under section 73—

The CAA may amend or revoke any specifications or stipulations published under this section, and—

An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.

Publication under this section must be made—

This section applies for the purposes of specifications under section 73(1).

The CAA may specify—

In specifying amounts or methods the CAA must have regard to—

Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.

A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.

A description of operators and owners may be so general as to refer to all operators and owners.

Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.

Liability to pay a charge by virtue of section 73 arises whether or not—

A charge payable by virtue of section 73 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).

A court in any part of the United Kingdom has jurisdiction to hear and determine—

Subsection (3) applies even if the person against whom the claim is made is not resident within the court’s jurisdiction.

For the purposes of this Chapter chargeable air services are services which—

These services fall within this subsection—

These are excepted air services—

Air traffic services fall within this subsection if—

A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).

The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.

This section applies if—

In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.

References to an amount include references to a method of calculating an amount.

The CAA—

The CAA must exercise its powers under section 73 in relation to services falling within section 77(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.

If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 77(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.

If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 77(2)(e), he must (so far as practicable) ensure that the information is given to Eurocontrol.

But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.

If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.

If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.

The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.

The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 73.

The regulations may require operators or owners of aircraft or managers of aerodromes—

Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.

The persons who may be specified under subsection (2)(c) or (d) are—

The requirements may be imposed on the operator or owner of an aircraft whether or not—

A record includes (in addition to a record in writing)—

An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.

In subsection (4)—

A person commits an offence if without reasonable excuse he fails to comply with a requirement of regulations made under section 81.

A person commits an offence if he is in possession of information provided to him or obtained by him under regulations made under section 81 and he discloses the information otherwise than—

A person commits an offence if in providing particulars under a provision contained in regulations by virtue of section 81(2)(d)—

A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

A person who commits an offence under subsection (3) is liable—

The Secretary of State may make regulations containing—

These aircraft fall within this subsection—

Regulations under subsection (1) may—

This section applies for the purposes of this Chapter.

Eurocontrol has the meaning given by section 24 of the Civil Aviation Act 1982.

The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.

An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).

“Licence holder” has the meaning given by section 40.

For the purposes of this Chapter—

For the purposes of this Chapter these expressions have the meanings given by section 40—

If an expression is used in this Chapter and also in ... the 1998 Act it has the same meaning in this Chapter as it has in the 1998 Act.

The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and the CMA.

This subsection applies to the CMA’s functions under Part 4 of the 2002 Act (other than sections 166, 167C , 171 and 174E) so far as those functions—

This subsection applies to the CMA’s functions under the provisions of Part 1 of the 1998 Act(other than sections 31D(1) to (6),, 35C, 38(1) to (6), 40B(1) to (4) and 51), so far as relating to—which relate to the supply of air traffic services.

References to the CMA in—must be read as including references to the CAA.

References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.

But ...—

Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—

If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.

No objection may be taken to anything done by or in relation to the CAA—on the ground that it should have been done by or in relation to the CMA.

In making any decision, or otherwise taking action, for the purposes of any of its functions that—the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

For the purposes of this section the CAA’s 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are functions of the CAA.

The CAA must exercise its 2002 Act functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (3) to (6).

The CAA must exercise its 2002 Act functions in the manner it thinks best calculated—

The only interests to be considered under subsection (3)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

The reference in subsection (3)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.

If in a particular case there is a conflict in the application of the provisions of subsections (3) to (5), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

The CAA must exercise its 2002 Act functions so as to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.

Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its 2002 Act functions.

For the purposes of this section the CAA’s 1998 Act functions are the functions mentioned in subsection (3) of section 86 which, by virtue of that section, are functions of the CAA.

In exercising its 1998 Act functions the CAA may (in particular) have regard to any matter which satisfies the following condition.

The condition is that the matter is one to which, by virtue of section 87, the CAA must have regard in exercising its 2002 Act functions (within the meaning of that section).

For the purposes of this section the 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and the CMA.

Before the CMA or the CAA first carries out the 2002 Act functions in relation to a matter it must consult the other.

If the CMA or the CAA has carried out the 2002 Act functions in relation to a matter the other must not carry out the 2002 Act functions in relation to the matter.

If in carrying out the 2002 Act functions the CAA makes a market investigation reference (under section 131 of the 2002 Act), to help the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference the CAA must give to it—

In carrying out the investigation concerned the CMA group must take account of any information given under subsection (4).

The CAA may publish information and advice which it thinks it is expedient to give to—

The CAA may instead arrange for the publication of such information and advice.

Publication under this section is to be in the form and manner the CAA thinks appropriate.

So far as practicable the CAA must secure the exclusion of any matter relating to the affairs of a person if the CAA thinks its publication would or might seriously and prejudicially affect the person’s interests.

But subsection (4) does not apply if the CAA thinks publication of the matter would be in the public interest.

The Competition and Markets Authority must consult the CAA before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published under this section.

An aerodrome is an aerodrome as defined by section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

So far as it appears to the CAA practicable to do so with a view to facilitating the exercise of its functions under this Part, it must—

The Secretary of State may give directions indicating considerations to which the CAA is to have particular regard in deciding the order of priority in which matters are to be reviewed in performing its duty under subsection (1)(a).

If the CAA thinks it expedient or it is asked by the Secretary of State or the Competition and Markets Authority to do so, it must provide information, advice and help to the Secretary of State or the Competition and Markets Authority regarding any matter in respect of which the CAA has a function under this Part.

The CAA may recover from the Secretary of State or the Competition and Markets Authority a sum equal to any expense reasonably incurred by it in providing anything to the person concerned under subsection (3).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State may—

The listed persons are—

The power under subsection (1)(a) includes—

The power under subsection (1)(a) includes power to give directions designed—

In so far as a direction under this section conflicts with the requirements of an order under section 94, the direction is to be disregarded.

In so far as a direction under this section conflicts—the requirements are or the duty is to be disregarded.

A person directed under this section commits an offence if without reasonable excuse he contravenes or fails to comply with the direction.

A person who commits an offence under subsection (7) is liable—

A person (other than a person within subsection (2)(a)) who suffers direct injury or loss arising from compliance with a direction under subsection (1)(a) is entitled to receive compensation from the Secretary of State.

The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—

This section applies in any time of actual or imminent hostilities or of severe international tension or of great national emergency.

The Secretary of State may by order provide for—to be taken into his possession and used by or for the purposes of the armed forces of the Crown.

An order under this section may, for the purpose of securing compliance with the provisions of the order—

A person must comply with an order under this section notwithstanding any other duty, however arising.

An order under this section may, for the purpose of securing compliance with the provisions of the order, provide for—

The power under subsection (5) does not include power—

Any person who suffers direct injury or loss arising from compliance with an order under this section is entitled to receive compensation from the Secretary of State.

The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—

This section defines these expressions (here listed alphabetically) for the purposes of sections 93 and 94 and this section—

A great national emergency is a natural disaster or other emergency which the Secretary of State thinks is or may be likely to give rise to such disruption of the means of transport that the population, or a substantial part of the population, of the United Kingdom is or may be likely to be deprived of essential goods or services.

An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982.

An airport is the aggregate of the land, buildings and works comprised in an aerodrome; and a person operates an airport if he manages it.

A United Kingdom air transport undertaking is an undertaking which appears to the Secretary of State to have its principal place of business in the United Kingdom and which includes the provision of services for the carriage by air of passengers or cargo for hire or reward.

A relevant asset is any—

An owner of a relevant asset is a person—

An operator of a relevant asset is a person who manages it.

The following expressions have the same meaning as in the Space Industry Act 2018—range control services (see section 6 of that Act); spacecraft (see section 2(6) of that Act); spaceflight activities (see section 1(4) to (6) of that Act); spaceport (see section 3(2) and (3) of that Act).

The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.

An order under this section may include provision for or in connection with—

The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—

An order under this section may be made so as to have effect from a date falling before the making of the order.

In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.

A person falls within this subsection if—

A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.

The relevant enactments are—

For the purposes of this Part these are air traffic services—

In paragraph (1)(f), “airspace change proposal” means a proposal—

The Secretary of State may by order amend the meaning of air traffic services for the purposes of this Part.

A document required or authorised by virtue of this Part to be served on a person may be served—

For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person on whom a document is to be served is his last known address, except that—

For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Subsection (5) applies if a person to be served under this Part with a document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

In relation to that document that address must be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

This section does not apply to a document if rules of court make provision about its service.

In this section references to serving include references to similar expressions (such as giving or sending).

A person commits an offence if in giving information or making an application in relevant circumstances—

A person gives information or makes an application in relevant circumstances if he gives or makes it in pursuance of—

A person who commits an offence under this section is liable—

No proceedings may be started in England and Wales for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

No proceedings may be started in Northern Ireland for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.

An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.

A power to make an order or regulations under this Part is exercisable by statutory instrument.

In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.

A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 11, 19A, 40A, 51 or 94 , paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1.

No order is to be made under section 51 , and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1, unless a draft has been laid before and approved by resolution of each House of Parliament.

The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.

The power to make an order under section 98 is exercisable only after consultation with the CAA.

The power to make regulations under section 6 or 11 is exercisable only after consultation with the CAA.

The power to make an order under section 57 is exercisable only with the Treasury’s consent.

The power to make an order under section 77(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.

The power to make an order under section 96 is exercisable only after consultation with the trustees of the Civil Aviation Pension Scheme.

If apart from this subsection a draft of an order under section 51 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

A person to whom a direction is given under this Part must give effect to the direction.

A direction under a provision of this Part may be varied or revoked by a direction under the same provision.

But subsection (2) does not apply in the case of—

A direction under this Part must be in writing.

The provisions mentioned in subsection (2) bind the Crown.

The provisions are—

Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.

The provisions are—

This section (except so far as it relates to Chapter V) has effect subject to section 106; and, so far as it relates to Chapter V, it has effect subject to section 73 of the Competition Act 1998.

No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 93(7) or 94(5) apply to persons in the public service of the Crown as they apply to other persons.

However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.

Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified.

The provisions are—

These are relevant overseas territories—

In this section “modifications” includes additions, omissions and other alterations.

Each local transport authority must—

In subsection (1), “transport” means —and includes facilities and services for pedestrians.

Each local transport authority whose area is in England must—comply with the duties set out in subsection (2ZB).

The duties are—with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment.

The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1).

Each local transport authority whose area is in Wales must also—

Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing—

Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing—

A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan.

In this Part “local transport authority” means—

A county council or a council of a non-metropolitan district is not a local transport authority where—

Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority.

Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority.

In this Part “local transport policies” means policies developed under subsection (1)(a).

A local transport authority whose area is in England must keep their local transport plan under review and alter it if they consider it appropriate to do so.

The authority may replace their plan as they think fit.

In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority, a combined authority or a combined county authority must consult—

In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority, a combined authority or a combined county authority must consult—

In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—and must also consult any other persons whom they consider appropriate.

Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).

As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

The authority must also—

Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority.

Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority.

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This section applies where a local transport authority is a combined authority or a combined county authority.

The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority.

In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.

In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority—

But if—the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.

In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA—

In the case of a resolution by a mayoral combined authority or mayoral CCA—

In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils.

In this section—“constituent member”, in relation to a combined authority or combined county authority—means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);“relevant member” in relation to a mayoral combined authority or mayoral CCA means—a constituent member or the mayor, and also includes the deputy mayor acting in place of the mayor.

A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.

If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—

If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.

The Assembly may approve a local transport plan under this section if (but only if) it considers—

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A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so.

The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.

The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A.

Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared.

A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)—

If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period.

If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal.

As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must—

The authority must also—

Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—that document shall be taken to be the authority's local transport plan.

But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).

For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.

In carrying out their functions under sections 108 to 109B, a local transport authority must have regard to any guidance concerning—which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

In developing and implementing their policies under section 108(1) ..., a local transport authority must have regard to the transport needs of disabled persons (within the meaning of the Equality Act 2010) and of persons who are elderly or have mobility problems.

Where a local transport authority is a mayoral combined authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined authority.

Where a local transport authority is a mayoral combined county authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined county authority.

A metropolitan district council that is within the area of an Integrated Transport Authority (the “ITA”)—