Civil Aviation Act 1980

Amendments of the Protection of Aircraft Act 1973

22 Power to give directions with respect to searches to aerodrome managers

(1) The following provisions of this section contain amendments for the purpose of extending the power of the Secretary of State to give a direction under section 9(1) of the [1973 c. 47.] Protection of Aircraft Act 1973 to a person who is or appears to the Secretary of State to be about to become the manager of any aerodrome in the United Kingdom.

(2) In subsection (1) of section 9—

(a) for the words from " any person " to " operator " there shall be substituted the words " the manager of any aerodrome in the United Kingdom ";

(b) for the words " the aircraft" in the first place where they occur there shall be substituted the words " any aircraft to which the direction relates "; and

(c) for the words " the aircraft" in the second and third places where they occur there shall be substituted the words " any such aircraft ".

(3) In subsection (2) of section 9 the words from " or to " to " operator " shall cease to have effect.

(4) After subsection (5) of section 9 there shall be inserted the following subsection—

“(5A) Subject to the following provisions of this Part of this Act, a direction given to the manager of an aerodrome under subsection (1) of this section may be given so as to relate—

(a) either to all aircraft which at the time when the direction is given or at any subsequent time are in any part of the aerodrome, or to a class of such aircraft specified in the direction ;

(b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction ; and

(c) either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction.”.

(5) In subsection (6) of section 9, for the words " an operator of aircraft" there shall be substituted the words " any person ".

(6) For subsection (7) of section 9 there shall be substituted the following subsection—

“(7) A direction may be given under this section to a person appearing to the Secretary of State to be about to become—

(a) such an operator as is mentioned in subsection (1) or (2) of this section ; or

(b) such a manager as is mentioned in subsection (1) of this section;

but a direction given to a person by virtue of this subsection shall not take effect until he becomes such an operator or manager, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.”.

23 Supplementary provisions with respect to directions under sections 9 and 11 of the Protection of Aircraft Act 1973

(1) After section 13 of the [1973 c. 47.] Protection of Aircraft Act 1973 there shall be inserted the following section—

“13A Supplementary provisions with respect to directions under sections 9 and 11.

(1) A direction given to any person under section 9 or section 11 of this Act need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs.

(2) If it appears to the Secretary of State that an exception from any direction given under either of those sections is required as a matter of urgency in any particular case he may, by a notification given (otherwise than in writing) to the person for the time being subject to the direction, authorise that person to disregard the requirements of the direction—

(a) in relation to such aircraft or class of aircraft, or in relation to such persons or property or such description of persons or property; and

(b) on such occasion or series of occasions, or for such period;

as he may specify; and the direction shall have effect in that case subject to any exceptions so specified.

(3) Any notification given to any person under subsection (2) of this section with respect to any direction shall cease to have effect (if it has not already done so)—

(a) if a direction in writing is subsequently given to that person varying or revoking the original direction; or

(b) if no such direction in writing is given within the period of thirty days beginning with the date on which the notification was given, at the end of that period.

(4) Any notification given under subsection (2) of this section shall be regarded as given to the person to whom it is directed if it is given—

(a) to any person authorised by that person to receive any such direction or notification;

(b) where that person is a body corporate, to the secretary, clerk or similar officer of the body corporate; and

(c) in any other case, to anyone holding a comparable office or position in that person's employment.”

(2) In section 18(6) of that Act (references to directions in certain provisions to include directions with respect to air navigation installations), after the word "sections" there shall be inserted " 13A ".

(3) In section 25 of that Act (service of documents), for the words "direction or" there shall be substituted the words " any document containing a direction and any ".