The Secretary of State may for the purposes of civil aviation establish and maintain aerodromes and provide and maintain in connection therewith roads, approaches, apparatus, equipment and buildings and other accommodation.

The Secretary of State shall appoint for each aerodrome vested in him an officer who shall be responsible to the Secretary of State for all services (including signalling services, flying control services and services connected with the execution of works) provided on the aerodrome on the Secretary of State’s behalf.

Nothing in subsection (1)(a) or (2) above shall authorise the execution of any works on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with plans and sections previously approved in writing by the Secretary of State and subject to such conditions as he may impose.

Without prejudice to any power conferred otherwise than by this Act, a local authority may, for the purpose of exercising any of the powers conferred on them by subsections (1)(a) and (2) above, acquire land by agreement or be authorised by the Secretary of State to purchase land compulsorily.

For the avoidance of doubt, it is hereby declared that one of the purposes for which a local authority may acquire land under this section is the purpose of securing that the land adjacent to the site of an aerodrome which the local authority have established, or are about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching or leaving the aerodrome.

Without prejudice to any power conferred otherwise than by virtue of this Act, the powers conferred on a local authority by subsections (1)(a), (2) and (4) above shall be exercisable by that authority outside, as well as within, their area.

If the Secretary of State is satisfied with respect to any local authority aerodrome that it is necessary or expedient that the local authority maintaining the aerodrome should be empowered to carry on in connection with the aerodrome any ancillary business which the authority would not otherwise have power to carry on, he may make an order authorising that local authority, subject to such conditions (if any) as may be specified in the order, to carry on that business in connection with the aerodrome.

In this section—

• “ancillary business” means any business which appears to the Secretary of State to be ancillary to the maintaining of an aerodrome; and

• “local authority aerodrome” means—

  1. a

     any aerodrome maintained by a local authority under section 30 above; or

  2. b

     so much of any other aerodrome as consists of buildings or other works maintained by a local authority by virtue of that section.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Any loan made under this section shall be repaid to the Secretary of State at such times and by such methods, and (except in the case of a loan made free of interest) interest thereon shall be paid to the Secretary of State at such rates and at such times, as he may with the approval of the Treasury from time to time direct.

This section applies to any aerodrome which . . . F8 is designated for the purposes of this section by an order made by the Secretary of State.

The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.

A relevant authority may, and shall if the Secretary of State so requires, undertake duties in connection with the execution of any such arrangements as are mentioned in subsection (1) above, and the Secretary of State shall make to the relevant authority such payments as the relevant authority may reasonably require in respect of expenses incurred by the relevant authority in the performance of those duties.

In the application of subsections (1) and (2) above to Northern Ireland, for references to the Secretary of State (except the reference in paragraph (a) of subsection (1) above) there shall be substituted references to the Department of Health and Social Services for Northern Ireland.

In subsection (5) above “ relevant aerodromes ” means aerodromes for the time being vested in or under the control of the Secretary of State and aerodromes in Great Britain which are owned or managed by the CAA.

Without prejudice to the generality of the power conferred by the said section 143, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection.

In the application of subsections (5) to (7) above to Scotland any reference to section 143 of the M7Public Health Act 1936 shall have effect as if it were a reference to section 1 of the M8Public Health (Scotland) Act 1945, and in subsection (5), paragraph (a) and in paragraph (b) the words from “and paragraphs” onwards shall be omitted.

Her Majesty may by Order in Council direct that any regulations made under the said section 143, as that section has effect by virtue of subsections (5) and (7) above in relation to aerodromes vested in or under the control of the Secretary of State, shall extend with such modifications, if any, as may be specified in the Order, to any of the Channel Islands or to the Isle of Man; and for the purposes of this subsection, subsections (4) and (5) of that section shall be deemed to form part of those regulations.

A relevant authority may, and shall if the Secretary of State so requires, undertake duties in connection with the execution of any such arrangements as are mentioned in subsection (1) above, and the Secretary of State shall make to the relevant authority such payments as the relevant authority may reasonably require in respect of expenses incurred by the relevant authority in the performance of those duties.

In the application of subsections (1) and (2) above to Northern Ireland, for references to the Secretary of State (except the reference in paragraph (a) of subsection (1) above) there shall be substituted references to the Department of Health and Social Services for Northern Ireland.

In subsection (5) above “ relevant aerodromes ” means aerodromes for the time being vested in or under the control of the Secretary of State and aerodromes in Great Britain which are owned or managed by the CAA.

Without prejudice to the generality of the power conferred by the said section 143, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection.

In the application of subsections (5) to (7) above to Scotland any reference to section 143 of the M11Public Health Act 1936 shall have effect as if it were a reference to section 1 of the M12Public Health (Scotland) Act 1945, and in subsection (5), paragraph (a) and in paragraph (b) the words from “and paragraphs” onwards shall be omitted.

Her Majesty may by Order in Council direct that any regulations made under the said section 143, as that section has effect by virtue of subsections (5) and (7) above in relation to aerodromes vested in or under the control of the Secretary of State, shall extend with such modifications, if any, as may be specified in the Order, to any of the Channel Islands or to the Isle of Man; and for the purposes of this subsection, subsections (4) and (5) of that section shall be deemed to form part of those regulations.

The Secretary of State may by order direct specified aerodrome authorities to fix their charges in exercise of any power conferred by subsection (1) above; and any such order may contain directions as to the manner in which those charges are to be so fixed.

In determining whether, and if so how, to exercise his power under subsection (4) above in relation to an aerodrome authority, the Secretary of State shall have regard (among other things) to the interests of persons who live in the area in which the aerodrome is situated.

This section has effect subject to any provision relating to the use of, or charges for the use of, aerodromes which is made by or under any other enactment.

In this section—

• “ aerodrome authority ” means a person owning or managing an aerodrome licensed under an Air Navigation Order F134or authorised by a certificate under the Aerodromes Regulation; and

• “ charges ”, in relation to an aerodrome authority, means the charges the authority makes for the use of an aerodrome so licensed F135or authorised which is owned or managed by the authority.

An aerodrome operator may establish and maintain a scheme (referred to in this section and sections 38B and 38C below as a “noise control scheme”) for the purpose of avoiding, limiting or mitigating the effect of noise connected with the taking off or landing of aircraft at the aerodrome.

Before making, amending or revoking any provision in a noise control scheme by virtue of subsection (3) above the aerodrome operator shall consult any body appearing to it to be representative of operators of aircraft using the aerodrome.

A noise control scheme may make provision as respects any period even if that period is included in, or there is included in that period, any other period as respects which provision relating to the aerodrome is made by the scheme.

A noise control scheme shall not be established in relation to an aerodrome which is designated for the purposes of section 78 of this Act; and on such a designation coming into force in relation to an aerodrome any noise control scheme which has effect in relation to the aerodrome shall cease to have effect.

The amendment or revocation of a noise control scheme, or its ceasing to have effect by virtue of subsection (8) above, shall not affect the validity of anything previously done under the scheme.

The powers conferred on an aerodrome operator by this section and sections 38B and 38C below are in addition to, and do not prejudice, any other power of the aerodrome operator to take steps for the purpose of avoiding, limiting or mitigating the effect of noise connected with the taking off or landing of aircraft at the aerodrome.

In this section and sections 38B and 38C below “ aerodrome operator ” means a person owning or managing an aerodrome.

This section applies where a noise control scheme imposes requirements under section 38A(2)(a) above in relation to aircraft taking off or landing at an aerodrome.

An area may be specified for the purposes of subsection (2)(a) above by description, by reference to a map or in any other way.

No point in the area so specified may be more than 60 kilometres in a straight line from the centre of the longest runway at the aerodrome.

This section also applies where a noise control scheme imposes requirements under section 38A(2)(a) above in relation to aircraft taking off or landing at an aerodrome.

The scheme may provide for the aerodrome operator to require the payment of a penalty if any such requirement is not complied with in relation to an aircraft taking off or landing at the aerodrome.

The scheme shall afford the operator of the aircraft an opportunity to make representations to the aerodrome operator with respect to the matter either before or after the penalty is imposed.

If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the aerodrome operator to cancel the penalty if it considers it appropriate to do so having considered those representations.

An aerodrome operator which receives penalties under a noise control scheme shall make payments equal to the amount of those penalties for purposes which appear to it to be likely to be of benefit to persons who live in the area in which the aerodrome is situated.

Subject to subsection (2) below, if any person trespasses on any land forming part of an aerodrome licensed in pursuance of an Air Navigation Order F136 or authorised by a certificate under the Aerodromes Regulation, he shall be liable on summary conviction to a fine not exceeding F19level 3 on the standard scale.

No person shall be liable under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted so as to be readily seen and read by members of the public, in such positions on or near the boundary of the aerodrome as appear to the court to be proper.

The Secretary of State may, for any purpose connected with the exercise of his functions relating to civil aviation, acquire land by agreement or be authorised to acquire land compulsorily.

The Secretary of State shall have power to manage, sell, let or exchange any land vested in him and to pay or receive money in respect of equality of exchange; but nothing in this subsection shall be taken to affect the operation of section 5 of the Defence of the M14Realm (Acquisition of Land) Act 1916 (which confers on a person from whom land was acquired under that Act a right of pre-emption in the case of the subsequent sale of the land) as respects any land acquired under that Act.

The Secretary of State shall have power to manage and (subject to the terms of the lease) to sublet any land taken on lease by him or assign the lease.

Where the CAA proposes to acquire, otherwise than by agreement, any land in Northern Ireland required by it for any purpose connected with the performance of its functions, or as to which it can reasonably be foreseen that it will be so required, it may apply to the Secretary of State for an order vesting that land in it, and the Secretary of State shall have power to make such an order.

Schedule 6 to the M17Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 6 to this Act, apply for the purposes of the acquisition of land by means of an order under subsection (2) above as it applies to the acquisition of land by means of a vesting order under that Act.

Any land vested in the CAA by virtue of this section shall be deemed for all purposes to have been acquired by the CAA for the purposes of its undertaking.

In subsections (2) and (3) above, “land” has the meaning assigned to it by section 45(1)(a) of the M20Interpretation Act (Northern Ireland) 1954.

A licence holder may be authorised by the Secretary of State to acquire land in Great Britain compulsorily for any purpose connected with the carrying out of the activities authorised by the licence.

A reference in subsection (3) to use of land by a licence holder is a reference to use for a purpose connected with the carrying out of the activities authorised by the licence.

Any such order may contain such consequential, incidental and supplemental provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order, including, in particular, provisions for authorising persons to enter upon land for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus.

Nothing in subsection (4) above shall restrict the right of any person to enter upon land in a case of emergency or for the purpose of performing any functions which are required to be performed from time to time in connection with the maintenance or use of any works, structures or apparatus.

The ownership of anything shall not be affected by reason only that it is placed on or under, or affixed, to, any land in pursuance of any such order.

Subject to the special provisions of this Part of this Act relating to statutory undertakers, Schedule 7 to this Act shall have effect with respect to orders under this section.

Where an order under this section provides for the creation of an easement or servitude over land held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any other right in or in relation to such land, then, if on a representation made to the Secretary of State before the expiration of the time within which objections to the order may be made the Secretary of State is satisfied that the easement, servitude or right could not be enjoyed without serious detriment to the carrying on of the undertaking, and certifies accordingly, the order shall be subject to special parliamentary procedure.

If any person contravenes the provisions of subsection F28(7A) above he shall be liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £500 or to both; and every person who wilfully obstructs any person in the exercise of any power of entry conferred by an order under this section shall be liable, on summary conviction, to a fine not exceeding £100.

Subject to subsection (2) below, the Secretary of State may by order impose such prohibitions or restrictions on the use of any area of land or water as a place for the arrival and departure of civil aircraft as he thinks expedient for the purpose of securing that aircraft may arrive and depart with safety at any aerodrome vested in him or under his control F126....

Nothing in subsection (1) above shall authorise the imposition of any such prohibition or restriction in relation to tidal waters beyond those of the territorial waters adjacent to the United Kingdom.

Part II of Schedule 7 to this Act and Schedule 8 to this Act shall have effect with respect to orders under this section; but where any aerodrome was first established as such after 31st July 1946 no compensation shall be payable by reason of the imposition under this section of prohibitions or restrictions upon the use of that aerodrome unless it was so established with the consent of the Secretary of State.

Any offence against any order under this section committed on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom which is within the ordinary jurisdiction of such a court; but nothing in this subsection shall in its application to Scotland be construed as conferring jurisdiction on any court of summary jurisdiction other than the sheriff court.

In this section “aerodrome” includes part of an aerodrome; and, without prejudice to section 105(3) below, the reference in subsection (4) above to the Secretary of State shall, in relation to any time before the passing of this Act, have effect as a reference to whoever at that time was charged with exercising the functions which by virtue of this section are vested in the Secretary of State.

The Secretary of State may, if he is satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes (including the testing of aircraft designed for civil aviation) of any land, structures, works or apparatus vested in a relevant authority or which such an authority proposes to acquire or install, by order declare that any area of land specified in the order shall be subject to control by directions given in accordance with the provisions of this section; and in this Part of this Act that authority, in relation to the making of such an order, is referred to as the person in respect of whom the order is or, as the case may be, is to be made.

An order under subsection (1) above may contain such consequential, incidental and supplemental provisions, as appear to the Secretary of State to be necessary or expedient for the purposes of the order, including, in particular, provisions for empowering any person authorised for the purpose by the Secretary of State, to remove, pull down, cut down, or alter so as to being into conformity with the requirements of any directions given under the order, any building, structure, tree or apparatus which contravenes those requirements.

An order under subsection (1) above, other than an order relating to land in Northern Ireland, shall be subject to special parliamentary procedure.

Before making any order under this section, the Secretary of State shall consult every local authority within the area of which the whole or any part of the area of land to which the proposed order will relate is situated.

Notwithstanding anything in section 2(1) of the M21Statutory Orders (Special Procedure) Act 1945, the duty of the Secretary of State to comply with the requirements of subsection (5) above in relation to England and Wales shall not excuse him from the duty of complying with the requirements of Schedule 1 to that Act.

Subject to the special provisions of this Part of this Act relating to statutory undertakers, Schedule 9 to this Act shall have effect with respect to directions given under an order made under this section.

The powers of the Secretary of State under this section shall not prejudice his power to acquire land for the purpose of securing the observance of any requirement or restriction which might have been imposed in relation to the land under this section.

The Secretary of State may, after consultation with any local authority which appears to him to be concerned, by order repeal or amend any enactment in a local Act which appears to him to be unnecessary having regard to, or to be inconsistent with, the provisions of this Part of this Act relating to orders made or to be made under subsection (1) above in respect of a relevant authority falling with paragraph (d) of subsection (10) below.

An order shall not be made under this section in relation to any building, structure or erection if it appears to the Secretary of State that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection.

For the purposes of subsection (4) above, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of an order under this section, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or damage suffered in consequence of the order.

The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of an order under this section; and (subject to the provisions of subsection (8) below) so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed, in, on or over any land in pursuance of the order.

If any person contravenes the provisions of subsection (6) above, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding F33level 4 on the standard scale or to both; and every person who wilfully obstructs a person in the exercise of any of the powers conferred by an order under this section shall be liable, on summary conviction, to a fine not exceeding F34level 3 on the standard scale.

In this section—

• F139“authorised aerodrome” means any aerodrome for the time being authorised to operate by a certificate under the Aerodromes Regulation, but does not include any premises belonging to the Secretary of State;

• “licensed aerodrome” means any premises which, by virtue of an Air Navigation Order, are for the time being licensed as an aerodrome for public use, but does not include any premises belonging to the Secretary of State;

• “proprietor of the aerodrome” means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises;

and nothing in section 104(1) below shall affect the construction of F140the references in the definitions of “authorised aerodrome” and “licensed aerodrome to premises belonging to the Secretary of State.

Subject to subsection (2) below, the Secretary of State may if he is satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes (including the testing of aircraft designed for civil aviation) of any land vested in the Secretary of State F35, the CAA or a licence holder, or of any land which the Secretary of State F35, the CAA or a licence holder proposes to acquire, by order authorise the stopping-up or diversion of any highway.

An order under subsection (1) above may contain such consequential, incidental and supplemental provisions as appear to the Secretary of State or, as the case may be, the Department to be necessary or expedient for the purposes of the order.

The powers of the Secretary of State and of the Department under subsection (1) above shall include power to make an order authorising the stopping-up or diversion of any highway which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Secretary of State or the Department by any other enactment to authorise the stopping-up or diversion of a highway.

Subject to subsection (2) below, the Secretary of State may if he is satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes (including the testing of aircraft designed for civil aviation) of any land vested in the Secretary of State F47, the CAA or a licence holder, or of any land which the Secretary of State F47, the CAA or a licence holderproposes to acquire, by order authorise the stopping-up or diversion of any highway.

An order under subsection (1) above may contain such consequential, incidental and supplemental provisions as appear to the Secretary of State or, as the case may be, the Department to be necessary or expedient for the purposes of the order.

The powers of the Secretary of State and of the Department under subsection (1) above shall include power to make an order authorising the stopping-up or diversion of any highway which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Secretary of State or the Department by any other enactment to authorise the stopping-up or diversion of a highway.

The Secretary of State may be authorised to purchase land in Great Britain compulsorily for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 48(1) above or for any other purpose for which land is required in connection with such an order.

The M35Acquisition of Land Act 1981 shall apply, in relation to land in England and Wales, to a compulsory purchase under subsection (1) above.

The CAA’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the CAA or which the CAA proposes to acquire or for any other purpose for which land is required in connection with such an order.

A licence holder’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the licence holder or which the licence holder proposes to acquire or for any other purpose for which land is required in connection with such an order.

The powers of compulsory acquisition of land exercisable by the Department of the Environment for Northern Ireland under F61Articles 110 and 113 of the Roads (Northern Ireland) Order 1993 shall include the power to acquire lands compulsorily in accordance with the provisions of that Article for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 48(1) above or for any other purpose for which land is required in connection with such an order; and the said Order of F611993 shall have effect accordingly.

The powers conferred on the Department of the Environment for Northern Ireland by subsection (4) above shall be exercisable in relation to any land notwithstanding that the land is the property of a statutory undertaker or is declared by any other enactment to be inalienable

Where this section applies any person authorised in writing by the Secretary of State may at all reasonable times on producing if so required evidence of his authority for the purpose enter upon any of the land in question in order to make a relevant survey.

If any person obstructs a person authorised as mentioned in subsection (2) above in the exercise of any power conferred by this section he shall be liable on summary conviction to a fine not exceeding F65level 2 on the standard scale.

Subsection (4) below applies in relation to compensation payable as so mentioned in respect of a compulsory purchase.

If, before the expiration of two months from the date on which notice to treat is served in respect of the interest of the person by whom the statutory undertaking is carried on, that person gives notice in writing to the Secretary of State that he elects that as respects all or any of the land comprised in the purchase the compensation shall be ascertained in accordance with the enactments, other than Rule (5) of the Rules set out in section 5 of the M36Land Compensation Act 1961 and section 12(1) of the M37Land Compensation (Scotland) Act 1963, which would be applicable apart from subsection (2) above, the compensation shall be so ascertained.

Where a sum equal to any compensation is payable or paid to a planning authority in pursuance of subsection (1) above, the planning authority F88shall refund to the person who paid that sum any amount received by the planning authority in respect of the compensation under F89sections 111 and 112 of the said Act of 1990 or F90section 82 of the said Act of 1997 (which relate to the recovery of compensation on subsequent development).

Where a purchase notice is served under F91section 137 of the said Act of 1990 or F92section 88 of the said Act of 1997 in respect of a planning decision which would not have been taken but for F93a need referred to in F122subsection (1)(b)(iii), any local authority who are deemed under F91section 139(3) or 143(1) of the said Act of 1990 or F92section 90(3) or 94(1) of the said Act of 1997 to have served a notice to treat in respect of the interest to which the purchase notice relates may, by notice in writing F94given to the relevant person not later than one month from the time when the amount of compensation payable by the local authority for the interest is agreed or determined, F94require the relevant person to purchase the interest from the local authority for a sum equal to the amount of compensation so agreed or determined.

Where a notice in writing is given to F95the relevant person under subsection (3) above, F95the relevant person shall, subject to any agreement between it and the local authority, be deemed to have contracted with the local authority to purchase the interest at that price.

Any dispute as to whether a planning decision would not have been taken or an order under F96the said section 97 or F97the said section 65 would not have been made but for such a need as is mentioned in subsection (1) above shall be referred to and determined by the Secretary of State.

In the preceding provisions of this section “planning decision” means a decision made on an application under Part III of F98the said Act of 1990 or Part III of F99the said Act of 1997; and references in those provisions to a local planning authority include, in relation to England and Wales, references to any authority to whom functions of a local planning authority are delegated.

Where a sum equal to any compensation is payable or paid to the said Department in pursuance of subsection (7) above, the Department shall pay F102the licence holder any amount received by the Department in respect of the compensation under section 24 of the M39Land Development Values (Compensation) Act (Northern Ireland) 1965 (which relates to the recovery of compensation on subsequent development).

In subsection (7) above, “planning decision” includes a revocation or modification of planning permission under section 3 of the M40Planning (Interim Development) Act (Northern Ireland) 1944.

A grant or agreement made as respects land in Scotland shall not be enforceable by virtue of section 43 above against a third party who shall have in good faith and for value acquired a right (whether completed by infeftment or not) to the land prior to the grant or agreement being registered F129in the Land Register of Scotland or against any person deriving title from such third party.

In Scotland where any such instrument as is mentioned in subsection (1)(b) above becomes operative it shall be registered F130as a deed in the said Land Register, and on being so registered shall be enforceable against any person having or subsequently acquiring any estate or interestF130, and on being registered shall be enforceable against any person having or subsequently acquiring any right in the land to which the order or direction relates.

A right in or in relation to land in Northern Ireland granted or agreed to be granted to the CAAF109or a licence holder shall not be enforceable by virtue of section 43 above against a purchaser for money or money’s worth of any estate or interest in the land to which the grant or agreement in question relates unless before the completion of the purchase the grant or agreement is registered in the Statutory Charges Register pursuant to Part X of the M41Land Registration Act (Northern Ireland) 1970; and accordingly such a grant or agreement shall be included among the matters which are required to be registered in that Register.

Any notice required to be served on any person for the purposes of any provision to which this section applies may be served on him either by delivering it to him or by leaving it at his proper address, or by post, so however that the notice shall not be duly served by post unless it is sent by registered letter or by the recorded delivery service.

Any such notice required to be served upon an incorporated company or body shall be duly served if it is served on the secretary or clerk of the company or body.

For the purposes of this section and of section 7 of the M42Interpretation Act 1978, the proper address of any person upon whom any such notice is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body and in any other case be the last known address of the person to be served, except that, where the person to be served has furnished an address for service, that address shall be his proper address for those purposes.

If it is not practicable after reasonable inquiry to ascertain the name or address of any owner, lessee or occupier of land on whom any such notice is to be served, the notice may be served by addressing it to him by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the notice relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

In the application to Scotland of any provision to which this section applies and which requires notice to be served on the owners, lessees or occupiers of any land, that requirement shall be deemed to be complied with if notice is served on all the persons appearing from the valuation roll to have an interest in the land, and any reference in this Part of this Act to “owners”, “lessees” or “occupiers” shall be construed accordingly.

This section applies to any provision of this Part of this Act except section 42 above and so much of section 50 above as relates to the service of a notice under the said section 50 otherwise than by the Secretary of State.

Any two justices of the peace may appoint such persons as may be nominated for the purpose by the Secretary of State to be special constables on any premises for the time being vested in or under the control of the Secretary of State.

Every person so appointed shall be sworn in by the justices duly to execute the office of a constable on those premises and when so sworn in shall, on those premises, have the powers and privileges and be liable to the duties and responsibilities of a constable.

Special constables appointed under this section shall be under the exclusive control of the Secretary of State, and the Secretary of State shall have power to suspend or terminate the appointment of any such special constable.

In the application of this section to Scotland references to two justices of the peace shall be construed as references to a single justice of the peace, and references to swearing in shall be construed as references to making a declaration in the terms prescribed under F128section 10 of the Police and Fire Reform (Scotland) Act 2012.

Any expenses incurred by the Department of the Environment for Northern Ireland under this Part of this Act shall, to such extent as the Treasury may direct, be defrayed by the Secretary of State.

Stamp duty shall not be payable on any conveyance of land to which the Department of the Environment for Northern Ireland is a party if that Department certifies that the conveyance is made for the purpose of this Part of this Act and that the duty would fall to be defrayed as part of that Department’s expenses.