The Airports (Northern Ireland) Order 1994

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IIPOWERS IN RELATION TO LAND EXERCISABLE IN CONNECTION WITH AIRPORTS

Regulated airports

2A(1) In this Order “ regulated airport ” means an...

Compulsory acquisition

3Power to acquire land compulsorily

4Power of entry in connection with compulsory acquisition of land

5Disposal of compulsorily acquired land

6Protection of land from compulsory acquisition

7Power to obtain rights over land

8Power to exercise control over land

9Power to indicate presence of obstructions near airports

10Power to stop up and divert roads

11Power to control traffic in interests of safety of aircraft

12Provisions as to electronic communications apparatus

13Compensation payable by airport operators

14Compensation in respect of planning decisions relating to safety of airports

15Concurrent proceedings

16Application to Crown land

PART IIIMANAGEMENT OF AIRPORTS

17Power of district councils to provide and maintain airports

18Airport byelaws

19Appointment of constables for an airport

20Facilities for consultation at airports

21Control of noise at airports

22Grants towards cost of soundproofing buildings

23Power of airport operators to detain and sell aircraft for unpaid airport charges

24Financial assistance for airport operators

25Status of certain airport operators as statutory undertakers

26Power to dispose of land to airport operators

PART IVECONOMIC REGULATION OF AIRPORTS

27Interpretation of this Part

28Airports subject to economic regulation: requirement for permission to levy airport charges

29Grant or refusal of permissions

30Imposition of conditions by CAA

31Mandatory conditions in case of designated airports

31ADesignation of certain regulated airports

31BMarket power examinations

32Discretionary conditions

33Discretionary conditions: supplementary provisions

References to Commission

34References to Commission in relation to imposition or modification of conditions

35Supplementary provisions relating to references

35AReferences under Article 34: time limits

35BReferences under Article 34: powers of investigation

36Reports on references

37Imposition or modification of conditions following Commission's report

38Charges to be paid by airport operators in respect of Commission's expenses

Enforcement of conditions

39Breach of conditions other than accounts conditions: complaints and compliance orders

40Validity and effect of compliance orders

41Breach of accounts conditions: criminal penalties, etc.

42Supplementary provisions relating to conditions

43Special provisions relating to groups of airports

44Functions in relation to permissions and conditions initially exercisable by the Department

45Orders under the 1973 Act or 1980 Act modifying or revoking conditions

46Application of Part IV to associated companies of airport operators

47Co-ordination of exercise of functions by CAA and Director General of Fair Trading

48Furnishing of information, etc. to CAA

49Restriction on disclosure of information

PART VTRANSFER OF UNDERTAKING OF NORTHERN IRELAND AIRPORTS LIMITED

50Interpretation of this Part

51The successor company

Reorganisation of certain assets and liabilities of NIAL and the Holding Company

52The reorganisation scheme

53Functions of the Department in relation to the reorganisation scheme

Transfer of certain assets and liabilities of NIAL and the Holding Company

54The transfer scheme

55Functions of the Department in relation to the transfer scheme

56Powers of Department and the Holding Company after transfer

Ownership of the successor company

57Initial Government holding in the successor company

58Government investment in securities of the successor company

59Exercise of functions through nominees

Finances of the successor company

60Statutory reserves

61Statutory accounts

62Temporary restrictions on borrowings, etc.

63Government lending to the successor company

64Government guarantees for loans made to the successor company

65Conversion or discharge of certain loans or advances, etc.

66Financial limits on borrowings, etc.

67Exercise of certain functions of Department under this Part

PART VISUPPLEMENTARY

70Regulations and orders

71Transitional provisions, amendments and repeals

SCHEDULE 1PROVISIONS RELATING TO ORDERS UNDER ARTICLES 7 TO 11

Procedure for making of orders

1(1) Before making the order the Department shall publish in the Belfast Gazette and once...

2The Department shall, not later than the date on which the notice referred to in...

3(1) If, before the expiration of the period referred to in paragraph 1(c), the Department...

4After considering— (a) any objections duly made to the proposed order; and (b) in a...

5Immediately after the order is made, the Department shall publish in at least one newspaper...

6The Department shall serve a copy of the notice referred to in paragraph 5 on...

7Any expenses incurred by the Department in exercising, in relation to an order in respect...

Challenging validity of order

8If any person aggrieved by the order desires to question the validity thereof, or of...

9Subject to the provisions of paragraph 8, the order shall not, either before or after...

SCHEDULE 2PROVISIONS RELATING TO DIRECTIONS UNDER ARTICLE 8

Notice of giving of directions

1(1) Immediately after the Department has given the direction, it shall publish in the Belfast...

Challenging validity of direction

2If any person aggrieved by the direction desires to question the validity thereof, or of...

3Subject to the provisions of paragraph 2, the direction shall not, either before or after...

SCHEDULE 3COMPENSATION PAYABLE BY AIRPORT OPERATORS

Compensation where property damaged

1Where any property is damaged— (a) in the exercise by a person authorised by an...

Compensation for disturbance

2Where any person is disturbed in the enjoyment of any property in consequence of— (a)...

Compensation for diminution in value of land

3(1) Any person having an estate in land the value of which is diminished in...

Compensation for expenditure incurred

4An airport operator shall pay compensation in respect of any expenditure reasonably incurred by any...

Reduction of compensation

5The compensation payable to any person by virtue of paragraph 1(c), 2(c) or 3(1)(b) in...

Disputes as to compensation

6(1) Where any dispute arises as to whether compensation is payable under this Schedule, or...

SCHEDULE 4AIRPORT BYELAWS MADE BY AIRPORT OPERATOR OTHER THAN A DISTRICT COUNCIL

Penalties for contravention of byelaws

1The byelaws may provide that a person contravening them shall be guilty of an offence...

Making and confirmation of byelaws

2Where the airport operator is a body corporate, the byelaws shall be made under its...

3The byelaws shall not have effect until they are confirmed by the Department.

4At least one month before application for confirmation of the byelaws is made to the...

5For at least one month before application for confirmation is made, a copy of the...

6The airport operator shall, on application made by any person before the byelaws are confirmed,...

7The Department may confirm with or without modifications, or refuse to confirm, any byelaw submitted...

Publication of byelaws

8A copy of the byelaws, when confirmed, shall be printed and deposited at the offices...

Evidence of byelaws

9The production of a printed copy of a byelaw purporting to be made by an...

SCHEDULE 5APPLICATION OF STATUTORY PROVISIONS RELATING TO STATUTORY UNDERTAKERS

The Access to the Countryside (Northern Ireland) Order 1983 (NI 8)

1In Article 2(2) in the definition of “statutory undertakers” at the end add “and the...

The Planning (Northern Ireland) Order 1991 (NI 1)

2In Article 2(2) in the definition of “statutory undertaker” at the end add “or the...

SCHEDULE 6APPLICATION OF PART IV TO ASSOCIATED COMPANIES OF AIRPORT OPERATORS

1This Schedule has effect for the purpose of authorising or requiring the imposition by the...

2Article 30(1) and (4) shall apply to any subsidiary conditions for the time being in...

3(1) Where an associated company of the airport operator in the case of any airport...

4In Article 32— (a) in paragraph (1), the reference to Article 31(2) shall be construed...

5In Article 33(2) and (3)— (a) references to an airport operator shall be construed as...

6(1) Where an associated company of the airport operator in the case of any airport...

7(1) In relation to any reference to which paragraph 6(1) above applies, Article 35(1)(a) shall...

8(1) In Article 36(3) the reference to an airport operator shall, in the case of...

9(1) In Article 39(1)(a) the reference to the airport operator in relation to an airport...

10(1) In Article 40(1) and (9) any reference to an airport operator shall be construed...

11(1) In Article 41 any reference to an airport operator shall be construed as including...

12(1) Article 42(3) shall apply in relation to any subsidiary conditions as if the reference...

13In Article 45(1A) references to an airport operator shall be construed as including references to...

SCHEDULE 7TRANSFERS UNDER ARTICLE 54

Variation of transfers under the scheme

1(1) If at any time before the end of the period of 12 months from...

Right to production of documents of title

2Where the transferee under a transfer effected under Article 54 ( “transferee A”) is entitled...

Proof of title by certificate

3A certificate issued by the Department that— (a) any asset specified in the certificate; (b)...

Third parties affected by transfers

4(1) If in consequence of any transfers effected under Article 54— (a) the rights or...

SCHEDULE 8TRANSITIONAL PROVISIONS

Provisions relating to Parts II and III

1(1) Until the coming into operation of Article 28, references in Articles 3, 7, 10,...

2Where, immediately before the coming into operation of Article 18, byelaws are in operation under...

Provisions relating to Part V

3(1) Any agreement made, transaction effected or other thing done by, to or in relation...

4Where the rights and liabilities of NIAL under any agreement, scheme or arrangement for the...

5(1) It shall be the duty of NIAL and the transferee to take, as and...

6Where by virtue of anything done before the transfer date, any statutory provision amended by...

7(1) Without prejudice to the powers conferred by Article 71(3), every provision contained in subordinate...

8(1) Where a distribution is proposed to be declared during the accounting reference period of...

9Expressions used in paragraphs 4 to 8 and in Part V have the same meaning...

10The Department may by order make such other transitional provision in relation to the coming...

11The provisions of this Schedule and any order under paragraph 10 shall have effect without...

Schedule 9—Amendments

Schedule 10—Repeals

1994 No. 426 (N.I. 1)

The Airports (Northern Ireland) Order 1994 F1

24th February 1994

Annotations:

Amendments (Textual)

F1

functions transf. by SR 1999/481