Civil Aviation Act 1982Part I Administration The Secretary of State1 Functions of Secretary of State. Constitution and functions of CAA2 Constitution of CAA.3 Functions of CAA. Regulation of performance by CAA of its functions4 General objectives. 5 Duty of CAA to consider environmental factors when licensing certain aerodromes.6 Secretary of State’s directions in national interest, etc.7 Special provisions as respects certain functions. Financial provisions in relation to CAA8 General financial duties.9 The initial debt.10 Borrowing powers.11 Charges.12 Grants and loans by Secretary of State.13 Payments to Secretary of State.14 Guarantees.15 Accounts and audit. Assistance, information, etc. to be given by CAA16 Provision by CAA of assistance, etc. for Secretary of State and others.17 Provision by CAA of information, etc. for Secretary of State. Supplemental provisions in relation to CAA18 Official secrets.19 Application of certain enactments to CAA.20 Supplementary provisions with respect to the functions of CAA.21 Annual report.22 Matters arising in connection with original transfer to CAA of property, staff, etc. Disclosure of information23 Disclosure of information. Eurocontrol24 Eurocontrol.Part II Aerodromes and Other Land Secretary of State’s aerodromes25 Secretary of State’s power to provide aerodromes.26 Consultation with local bodies.27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CAA’s aerodromes28 Management, etc. of aerodromes by CAA.29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aerodromes and facilities at aerodromes provided by local authorities30 Provision of aerodromes and facilities at aerodromes by local authorities.31 Power to carry on ancillary business. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other aerodromes33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions as to aerodromes34 Financial assistance for certain aerodromes.35 Facilities for consultation at certain aerodromes. 36 Health control at Secretary of State’s aerodromes and aerodromes of CAA.37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Fixing by reference to noise factors the charges for using licensed aerodromes.38ANoise control schemes38BNoise control schemes: supplementary38CBreaches of noise control schemes39 Trespassing on licensed aerodromes.40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers in relation to land exercisable in connection with civil aviation41 Power of Secretary of State to acquire and manage land.42 Acquisition of land by CAA.42A Acquisition of land: air traffic services licence holders.43 Rights granted over land to Secretary of State or CAA to bind grantor’s successors.44 Power to obtain rights over land. 45 Power to restrict use of land for purpose of securing safety at aerodromes. 46 Power to exercise control over land in interests of civil aviation. 47 Warning of presence of obstructions near licensed aerodromes. 48 Power of Secretary of State to stop up and divert highways etc. in interests of civil aviation. 49 Power to acquire land in connection with order under s. 48. 50 Power of entry for purposes of survey. Supplemental51 Special provisions relating to statutory undertakers. 52 Displacements from land. 53 Compensation in respect of planning decisions relating to safety of aerodromes, etc.54 Consecrated land and burial grounds.55 Registration of orders, etc. under Part II.56 Notices.57 Power to appoint special constables.58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Expenses and stamp duty.Part III Regulation of Civil Aviation General60 Power to give effect to Chicago Convention and to regulate air navigation, etc.61 Air Navigation Orders etc,: supplemental. War and emergencies62 Control of aviation in time of war or emergency.63 Control of CAA and air transport undertakings in time of war or emergency. Air transport, etc.64 Restriction of unlicensed carriage by air for reward.65 Grant and refusal of air transport licences.66 Revocation, suspension and variation of air transport licences.67 Supplementary provisions relating to air transport licensing.68 General duties in relation to air transport licensing functions of CAA.69 Periodical publication of CAA’s policies.69A Regulation of carriage by air by route licences.70 Modification of CAA’s duties with respect to British airlines in relation to certain air transport services.71 Regulation of provision of accommodation in aircraft.71AContributions by licence holders to Air Travel Trust71BProcedure relating to regulations under section 71A Air navigation services72 Duty of CAA to provide air navigation services.73 Charges for air navigation services etc.74 Provisions supplementary to s. 73.74A Enforcement of foreign judgments etc. in respect of route charges. Investigation of accidents75 Investigation of accidents. Trespass by aircraft and aircraft nuisance, noise, etc.76 Liability of aircraft in respect of trespass, nuisance and surface damage.77 Nuisance caused by aircraft on aerodromes.78 Regulation of noise and vibration from aircraft.78APenalty schemes78BDirection to establish, amend or revoke penalty scheme79 Grants towards cost of sound-proofing buildings.80 Designation of aerodromes for purposes of ss. 78 and 79.81 Dangerous flying.82 Prohibition of aerial advertising and propaganda. Records and provision of information, etc.83 Recording and registration of births and deaths, etc.84 Provision by others of information for the CAA and Secretary of State.Part IV Aircraft Design, construction and maintenance of aircraft85 Design, construction and maintenance of aircraft. Rights etc. in relation to aircraft86 Power to provide for the mortgaging of aircraft.87 Application of law of wreck and salvage to aircraft.88 Detention and sale of aircraft for unpaid airport charges.89 Exemption of aircraft and parts thereof from seizure on patent claims.90 Power to give effect to Convention on rights in aircraft. Jurisdiction, etc.91 Jurisdiction in civil matters.92 Application of criminal law to aircraft.93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of commander of aircraft94 Powers of commander of aircraft. Evidence, etc.95 Provisions as to evidence in connection with aircraft.96 Use of records and documentary evidence. Seaplanes97 Seaplanes Supplemental98 Construction of certain provisions of Part IV. Part V Miscellaneous and General99 Offences.100 Application of Act to hovercraft.101 Power to apply certain provisions to Crown aircraft102 Powers to make Orders in Council, orders and regulations.103 Special parliamentary procedure: Scotland.104 Construction of provisions relating to property.105 General interpretation.106 Application of Act to territorial waters.107 Application of Act to Northern Ireland.108 Extension of provisions of Act outside United Kingdom. 109 Transitional provisions, consequential amendments, repeals, etc.110 Citation and commencement. SCHEDULESSCHEDULE 1 Additional Provisions Relating to Constitution, Etc. of CAA Appointment and tenure of members1It shall be the duty of the Secretary of State—...2Subject to the following provisions of this Schedule, a person...3A person may at any time resign his office as...4(1) If a member becomes or ceases to be the...5(1) If the Secretary of State is satisfied that a... Remuneration etc. of members6The CAA shall pay each member such remuneration as the...7(1) The CAA shall make such provision as may be...8Where a person ceases to be a member otherwise than... Proceedings9Subject to section 7 of this Act, the quorum of...10(1) A member who is in any way directly or...11The validity of any proceedings of the CAA shall not... Staff12The CAA may appoint such officers and servants as it...13(1) The CAA shall, in the case of such of...14It shall be the duty of the CAA, except so... Performance of functions15Subject to section 7(1) of this Act, the CAA may... Instruments and contracts16The fixing of the common seal of the CAA shall...17A document purporting to be duly executed under the seal... Interpretation18In this Schedule “the chairman”, “a deputy chairman” and “a...SCHEDULE 2 Application of Enactments Relating to Statutory Undertakers, Etc.1(1) Section 39(3) of the Public Health Act 1936 (which...2The CAA shall be deemed to be public utility undertakers...3(1) Section 93 of Schedule 3 to the Water Act...4The CAA shall be deemed to be statutory undertakers and...5In the following enactments, that is to say— section 13...6. . . . . . . . . ....7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 3 Matters Arising out of Transfer to CAA of Aerodromes and other Property, Rights and Liabilities and Staff1A certificate issued by the Secretary of State and stating...2(1) Any agreement and any provision in a document which...3For the purposes of . . . Chapter II of...4The Secretary of State shall, before making a determination or...5(1) Where after any land was transferred to the CAA...6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7(1) Where a person entered the employment of the CAA...8(1) For the purposes of section 94(1) of and paragraph...9It is hereby declared that in this Schedule “property” includes...SCHEDULE 4 Eurocontrol1(1) Eurocontrol shall have the legal capacity of a body...2(1) The Secretary of State may from time to time...3(1) Subject to paragraph 1 above and sub-paragraph (2) below,...SCHEDULE 5SCHEDULE 6 Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 19721For references to the department concerned there shall be substituted...2For references to a district council there shall be substituted...3References to Schedule 6 to the Local Government Act (Northern...4For paragraph 1 there shall be substituted the following paragraph—...5For sub-paragraph (2) of paragraph 6 there shall be substituted...6In paragraph 12(2) for the words “the clerk of the...7Paragraph 20(2) shall be omitted. SCHEDULE 7 Provisions Relating to Certain Orders Under Part IIPart I1(1) Before making the order, the Secretary of State shall,...2If no objection is duly made by any such local...3If any objection duly made as aforesaid is not withdrawn,...4Notwithstanding anything in paragraphs 2 and 3 above, the Secretary...5(1) Immediately after the order has been made the appropriate...6In this Part of this Schedule “owner” has the same...Part II7If any person aggrieved by the order desires to question...8Subject to the provisions of paragraph 7 above, the order...9(1) Subject to sub-paragraph (2) below, this Part of this...Part III10(1) Any person having an interest in land the value...11(1) Where any interest in land is subject to a...12(1) Where the order provides for the creation of any...SCHEDULE 8 Provisions Relating to Orders Under Section 451Any person having an interest in land to which the...2Paragraph 11 of Schedule 7 to this Act shall have...3Any person who sustains damage by being disturbed in the...4For the purpose of assessing compensation under this Schedule, in...5Where any dispute arises as to whether compensation is payable...SCHEDULE 9 Provisions Relating to Directions Under Section 46Part I1(1) Immediately after the Secretary of State has given the...2The provisions of Part II of Schedule 7 to this...Part II3Any person having an interest in land the value of...4Paragraph 11 of Schedule 7 to this Act shall have...5Any person who sustains damage by being disturbed in the...6The appropriate person shall pay compensation in respect of any...7The compensation payable to any person by virtue of the...8For the purpose of assessing compensation under this Schedule, in...9Where any dispute arises as to whether compensation is payable...10Where the direction affects any building, structure, or apparatus held...Part III11In this Schedule— “the appropriate person” means— except where the...SCHEDULE 10 Adjustments of the Functions of Statutory UndertakersPart I1Where it appears to the Secretary of State, upon a...2Without prejudice to the generality of paragraph 1 above, an...3As soon as may be after the making of a...4The provisions of section 278 of the Town and Country...5An order under this Part of this Schedule shall be...Part II6Where on a representation made for the purpose by the...7As soon as may be after the making of a...8The provisions of section 278 of the Town and Country...9If any objection to the making of an order under...SCHEDULE 11 Tenure of members1(1) A person shall hold and vacate office as a...2If the chairman ceases to be a member he shall... Procedure3The procedure of the board (including the quorum) shall be... Supplemental4It shall be the duty of the CAA— 5In this Schedule— “the board” means the Airworthiness Requirements Board;...SCHEDULE 12 Patent Claims Against Aircraft not Protected Under Chicago Convention1Where it is alleged by any person interested that a...2The deposited sum shall be such sum as may be...3The deposited sum shall be dealt with by such tribunal...4For the purposes of this Schedule— “owner” shall include the...SCHEDULE 13 Subordinate InstrumentsPart I Powers not Exercisable by Statutory InstrumentPart II Provisions applying to Certain PowersPart III Supplemental Powers Different provision for different cases1(1) A power to which this paragraph applies shall include... Incidental supplementary and transitional provision2A power to which this paragraph applies shall include power... Power to authorise making of regulations3(1) An Order in Council made in pursuance of a... Power to provide for detention of aircraft4(1) Any Order in Council, order or regulations made, in... Crown aircraft5Without prejudice to section 101 of this Act, an Order... Extra-territorial provisions6(1) Notwithstanding that an Order in Council or regulation made...7(1) Without prejudice to paragraph 6 above, an Air Navigation...SCHEDULE 14 Transitional and Transitory Provisions and Savings General1Where any enactment has been repealed (whether by this Act...2(1) Subject to sub-paragraph (2) below, where any period of...3Where anything was done before the operative date for the... Extra-territorial provisions4(1) The repeals made by this Act shall not affect... Byelaws5(1) . . . . . . . . .... Section 6 of the Civil Aviation Act 19496Notwithstanding the repeal of section 6 of the Civil Aviation... Lighthouse authorities7The rights, powers and privileges of any general or local... The Hovercraft Act 19688The enactments and instruments with respect to which provision may... Schedule 9 to the Civil Aviation Act 19719The repeal by this Act of Schedule 9 to the... Section 1 of the Civil Aviation Act 197810. . . . . . . . . .... Section 7 of the Civil Aviation Act 197811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The British Nationality Act 198112(1) Until the commencement of the British Nationality Act 1981—... Interpretation13In this Schedule “the operative date” means the date of...SCHEDULE 15 Consequential AmendmentsThe Law of Property Act 19251For paragraph (b) of section 84(11) of the Law of...The Acquisition of Land (Authorisation Procedure) (Scotland) Act 19472(1) In section 1(1) of the Acquisition of Land (Authorisation... The Public Records Act 19583The Table at the end of paragraph 3 of Schedule...The Harbours Act 19644In section 37 of the Harbours Act 1964— The Industrial Development Act 19665 Consequential Amendments The Tokyo Convention Act 19676 Consequential Amendments7 Consequential AmendmentsThe Land Registration Act (Northern Ireland) 19708In Schedule 11 to the Land Registration Act (Northern Ireland)...The Rolls Royce (Purchase) Act 19719 Consequential Amendments10 Consequential AmendmentsThe Local Government Act 197211In section 236(2) of the Local Government Act 1972, for...The Land Compensation Act 197312(1) In section 1(6) of the Land Compensation Act 1973,...13 Consequential AmendmentsThe Land Compensation (Scotland) Act 197314(1) In section 1(6) of the Land Compensation (Scotland) Act...15 Consequential AmendmentsThe Air Travel Reserve Fund Act 197516 Consequential Amendments17 Consequential AmendmentsThe Aircraft and Shipbuilding Industries Act 197718In subsection (1) of section 56 of the Aircraft and...The Patents Act 197719In section 60(7) of the Patents Act 1977, in the...The Civil Aviation Act 197820 Consequential AmendmentsThe Suppression of Terrorism Act 197821In subsection (7) of section 4 of the Suppression of...The National Health Service (Scotland) Act 197822In paragraph 19 of Schedule 1 to the National Health...The Customs and Excise Management Act 197923In section 21(7) of the Customs and Excise Management Act...The Highlands and Islands Air Services (Scotland) Act 198024In section 3 of the Highlands and Islands Air Services...Senior Courts Act 198125In subsections (2)(j) and (6) of section 20 of the...The New Towns Act 198126In section 79(3)(b) of the New Towns Act 1981, for...The Acquisition of Land Act 198127In section 32(8) of the Acquisition of Land Act 1981,...SCHEDULE 16 RepealsCivil Aviation Act 19821982 CHAPTER 16An Act to consolidate certain enactments relating to civil aviation.[27th May 1982]
