76 1 of the civil aviation act 1982

Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage. 1, (1)The Secretary of State may direct a specified relevant manager—. If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the relevant manager to cancel the penalty if he considers it appropriate to do so having considered those representations. Halsbury's Statutes, 1999/1750, art. F10Words substituted (S.)for “£100”and “£200”by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. Responsibility for air traffic control in the UK passed to NATS in the run-up to the establishment of its public-private partnership in 2001. long time to run. 2. Purpose of the instrument. . The Whole 23(1) and (2) of that Act. An Act to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and for matters connected therewith. 78: Functions transferred (S.) (1.7.1999) by S.I. may also experience some issues with your browser, such as an alert box that a script is taking a PART I. 2009/3015), arts. (a)in the case of a first conviction of an offence under this section, to a fine not exceeding [F10£100 level 4 on the standard scale]; (b)in any other case, to a fine not exceeding [F10£200 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both; but (without prejudice to section 105(3) below) a previous conviction of an offence under section 7 of the M2Civil Aviation (Licensing) Act 1960 shall be treated as a conviction of an offence under this section for the purposes of determining whether a conviction of an offence under this section is a first such conviction. Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft. 54(5)(7), 55(5), Sch. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 2015/664), reg. prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified; specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than as aforesaid) during periods so specified; determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) above and, as respects each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods; Without prejudice to subsection (5)(f) below, a particular occasion or series of occasions on which aircraft take off or land at an aerodrome shall be disregarded for the purposes of any notice under subsection (3) above in respect of that aerodrome if—, on that occasion or series of occasions the aircraft take off or land in circumstances specified for the purposes of this subsection in relation to that aerodrome by the Secretary of State in a notice published in the prescribed manner; and. . 200 provisions and might take some time to download. 2019/756), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (a)it shall be the duty of the Secretary of State, before he makes a determination in respect of an aerodrome in pursuance of paragraph (c) of that subsection, to consult any body appearing to him to be representative of operators of aircraft using the aerodrome; (b)a notice uinder that subsection may make, in relation to a designated aerodrome, provision as respects any period notwithstanding that the period is included in or that there is included in the period, any other period as respects which provision relating to the aerodrome is made by the notice or by another notice under that subsection; (c)if it appears to the Secretary of State that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then, without prejudice to the powers exercisable by virtue of that subsection by the person managing the relevant aerodrome, any person authorised by the Secretary of State for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land; (d)if it appears to a person authorised for the purpose by the person for the time being managing the relevant aerodrome that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then without prejudice to paragraph (c) above, or the powers mentioned therein, the first-mentioned person, or a person authorised by him for the purpose, may detain the aircraft for such period as the first-mentioned person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land; (e)nothing in that subsection requires a person managing an aerodrome to prevent an aircraft from landing at the aerodrome; and. F6Ss. ANS Corporation. (12)Any notice published in pursuance of subsection (1), (3) or (4) above may contain such incidental or supplementary provisions as the Secretary of State considers appropriate for the purposes of that subsection and may be varied or revoked by a subsequent notice published in pursuance of that subsection. (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. . (4)Without prejudice to subsection (5)(f) below, a particular occasion or series of occasions on which aircraft take off or land at an aerodrome shall be disregarded for the purposes of any notice under subsection (3) above in respect of that aerodrome if—, (a)on that occasion or series of occasions the aircraft take off or land in circumstances specified for the purposes of this subsection in relation to that aerodrome by the Secretary of State in a notice published in the prescribed manner; and. Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. Save in such circumstances as may be prescribed, no aircraft while in the air over any part of the United Kingdom shall be used, whether wholly or partly for emitting or displaying any advertisement or other communication in such a way that the advertisement or communication is audible or visible from the ground. (1)Save in such circumstances as may be prescribed, no aircraft while in the air over any part of the United Kingdom shall be used, whether wholly or partly for emitting or displaying any advertisement or other communication in such a way that the advertisement or communication is audible or visible from the ground. (10)Paragraph (b) of subsection (9) above is without prejudice to the Secretary of State’s power apart from that paragraph to recover the expenses mentioned therein. 81 repealed (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. the person for the time being managing the aerodrome or a person authorised by him for the purpose, determines that that occasion or series of occasions should be so disregarded, The following supplementary provisions shall have effect for the purposes of subsection (3) above, that is to say—. More information is available about EU Legislation and UK Law. Any changes that have already been made by the team appear in the content and are referenced with annotations. See how this legislation has or could change over time. The penalty scheme shall afford the operator of the aircraft an opportunity to make representations to the relevant manager with respect to the matter either before or after the penalty is imposed. Geographical Extent: To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. 2, Sch. (b)to make to the Secretary of State such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorised by the Secretary of State for the purpose to inspect the equipment on demand at any time; and it shall be the duty of the person for the time being managing the aerodrome to comply with the requirements of the order. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. and (N.I.) Liability of aircraft in respect of trespass, nuisance and surface damage. C2S. (1)The Secretary of State may by a notice published in the prescribed manner provide that it shall be the duty of the person who is the operator of an aircraft which is to take off or land at a designated aerodrome to secure that, after the aircraft takes off or, as the case may be, before it lands at the aerodrome, such requirements as are specified in the notice are complied with in relation to the aircraft, being requirements appearing to the Secretary of State to be appropriate for the purpose of limiting or of mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome. Where material loss or damage is caused as aforesaid in circumstances in which—, damages are recoverable in respect of the said loss or damage by virtue only of subsection (2) above, and. 1. . (1)If it appears to the Secretary of State that buildings near a designated aerodrome require protection from noise and vibration attributable to the use of the aerodrome, he may by statutory instrument make a scheme requiring the person for the time being managing the aerodrome (hereafter in this section referred to as “the relevant manager”) to make grants towards the cost of insulating such buildings or parts of such buildings against noise; but a scheme under this section need apply only to such classes of buildings as the Secretary of State thinks fit. 5(1)). Show Timeline of Changes: Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Different options to open legislation in order to view more content on screen at once. 2(3) (with reg. The provisions of the CAA 2012 relating to the aviation security transfer scheme came into force on 11 March 2014: the Turning this feature on will show extra navigation options to go to these specific points in time. This Act may be cited as the Civil Aviation Act. Drones, frequently referred to as “small unmanned aircraft” in the UK, or unmanned aerial vehicles (UAVs), are a rapidly emerging technology that has gained considerable popularity over the past few years. You (8)The Secretary of State may, after consultation with the person managing a designated aerodrome, by order require him at his own expense—, (a)to provide in an area and within a period specified in the order, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and. 1) Order 2007 (S.I. . . (2)If it appears to the Secretary of State that any requirement specified in relation to a designated aerodrome in a notice published in pursuance of subsection (1) above has not been complied with as respects any aircraft he may, after affording to the person who at the relevant time was the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by that person, give to the person managing the aerodrome a direction requiring him to secure that, until the Secretary of State revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be the duty of the person for the time being managing the aerodrome to comply with the direction. The Act offers a package of reforms to make regulation flexible, proportionate, targeted and effective. 1, 2. . 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