The Airports (Northern Ireland) Order 1994

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Airports (Northern Ireland) Order 1994.

(2) Subject to paragraph (3) and to Article 56(3), this Order shall come into operation on the expiration of 2 months from the day on which it is made.

(3) The following provisions shall come into operation on such day or days as the Department may by order appointF1 , namely—

(a) Part IV;

(b) Schedule 6;

(c) paragraphs 2, 4, 5, 7, 8, 10 to 12 and 14 of Schedule 9, and Article 71(2) so far as relating thereto.

F1 fully exercised by SR 1995/294

Interpretation N.I.

2.—(1) Subject to paragraph (4), the Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “the 1982 Act” means the Civil Aviation Act 1982F3 ;

• “airport” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and services and facilities for use in connection with the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;

• “airport operator” means the person for the time being having the management of an airport, or, in relation to a particular airport, the management of that airport;

• “the CAA” means the Civil Aviation Authority;

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Department” means the Department of the Environment;

• “licensed airport” means an airport licensed under an Order in Council under section 60 of the 1982 Act (Air Navigation Orders);

• “modifications” includes additions, omissions and amendments;

• “operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft;

• [F5 “ regulated airport ” has the meaning given in Article 2A; ]

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954F6 ;

• [F7 “ subsidiary ” has the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006). ]

(3) For the purposes of this Order, a hovercraft within the meaning of the Hovercraft Act 1968F8 is not an aircraft.

[F9 (3A) Subject to paragraph (3D), a reference in this Order to an aircraft includes a reference to a medium-range rocket.

(3B) In paragraph (3A) “rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant).

(3C) For the purposes of paragraph (3A) a rocket is a “medium-range” rocket if—

(a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but

(b) it is not capable of operating above the stratosphere.

(3D) The Department may by order—

(a) provide that paragraph (3A) does not apply to any specified provisions of this Order;

(b) provide for any provision of this Order, as it has effect by virtue of paragraph (3A), to apply with specified modifications.]

(4) For the purposes of this Order, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and, where the affairs of a body corporate are managed by its members, applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

F2 1954 c.33 (NI)

F3 1982 c.16

F4 Art. 2(2): definition of "the Companies Order" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 149(2)(a) (with art. 10)

F5 Words in art. 2(2) substituted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 8 para. 7 (with Sch. 8 paras. 10, 12, 17); S.I. 2013/589, art. 2(1)-(3)

F6 1954 c.33 (NI)

F7 Art. 2(2): definition of "subsidiary" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 149(2)(b) (with art. 10)

F8 1968 c.59

F9 Art. 2(3A)-(3D) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 17; S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)