Part V U.K. Miscellaneous and General

99 Offences.U.K.

(1)Where an offence to which this subsection applies has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members subsection (1) above shall apply 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.

(3)Any offence to which this subsection applies shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be.

(4)Subsection (1) above applies to any offence under section 44, 45, 50, 64(5), 67(6), 82, 83 or 84(4) above [F1, under] regulations made by virtue of section 7(2)(b) or [F271(1) or (3)] above [F3or under an Air Navigation Order ].

(5)Subsection (3) above applies to any offence under any provision made by or under this Act, except, without prejudice to section 92(3) above—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b)an offence under section 44, 45, 50, 83 or 94(6) above;

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)an offence consisting in a contravention of an Order in Council under section 86 above.

Textual Amendments

F1Words in s. 99(4) substituted (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 107(2)(a), 110(3)(e) (with Sch. 10 paras. 12, 17)

F2Words in s. 99(4) substituted (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 94(5)(b), 110(3)(b) (with Sch. 10 paras. 12, 17)

F3Words in s. 99(4) inserted (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 107(2)(b), 110(3)(e) (with Sch. 10 paras. 12, 17)

F5S. 99(5)(c)(d) omitted (19.2.2013) by virtue of Civil Aviation Act 2012 (c. 19), ss. 107(3), 110(3)(e) (with Sch. 10 paras. 12, 17)

100 Application of Act to hovercraft.U.K.

The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the M1Hovercraft Act 1968 (power to apply enactments and instruments in relation to hovercraft etc.) shall include this Act and any instrument made under it.

Marginal Citations

101 Power to apply certain provisions to Crown aircraftU.K.

(1)Her Majesty may by Order in Council—

(a)apply to any aircraft belonging to or exclusively employed in the service of Her Majesty, with or without modification, any of the provisions of this Act mentioned in subsection (2) below (being provisions which do not otherwise apply to such aircraft) or any Orders in Council, orders or regulations under those provisions;

(b)apply the provisions of sections 92 to 95 above, with or without modifications, to aircraft such as are excluded from the definition of “aircraft” in subsection (5) of the said section 92 by paragraph (b) of the definition.

(2)The provisions of this Act referred to in subsection (1)(a) above are sections 60 [F6and 61, 75] to 77, F7...87, 89, 91, 96 and 97 and Part III of Schedule 13.

Textual Amendments

F6Words in s. 101(2) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. V para. 26(a)

F7Reference in s. 101(2) omitted (19.2.2013) by virtue of Civil Aviation Act 2012 (c. 19), ss. 106(5), 110(3)(e) (with Sch. 10 paras. 12, 17)

102 Powers to make Orders in Council, orders and regulations.U.K.

(1)Any power conferred on the Secretary of State by this Act to make an order or regulations, other than a power conferred by a provision of this Act specified in Part I of Schedule 13 to this Act, shall be exercisable by statutory instrument.

(2)The powers to make Orders in Council, orders and regulations which are conferred by virtue of the provisions of this Act specified in column 1 of Part II of the said Schedule 13 (being the Orders in Council, orders and regulations a general description of which is given in column 2 of that Part)—

(a)are, to the extent specified in column 3 of that Part, conferred subject to subsections (3) and (4) below; and

(b)shall, to the extent specified in column 4 of that Part, include the powers conferred by virtue of Part III of that Schedule.

(3)Where an entry in column 3 of the said Part II specifies that a power to make an Order in Council is subject to the affirmative resolution procedure, the Order shall not be submitted to Her Majesty in Council unless a draft of the Order has been laid before Parliament and approved by a resolution of each House.

(4)Where an entry in the said column 3 specifies that a power to make an Order in Council, order or regulations is subject to the negative resolution procedure, the Order in Council, order or regulations, as the case may be, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any power to make an order which is conferred by a provision of this Act specified in Part I of Schedule 13, except the power to make a vesting order under section 42(2) above, shall be construed as including a power exercisable in the like manner and subject to the like provisions (if any) to vary or revoke the order.

103 Special parliamentary procedure: Scotland.U.K.

For the purposes of the application of this Act to Scotland, any inquiry in relation to an order which by virtue of any provision of this Act is subject to special parliamentary procedure, shall, if the Secretary of State so directs, be held by Commissioners under the M2Private Legislation Procedure (Scotland) Act 1936, and where any direction has been so given—

(a)it shall be deemed to have been so given under section 2 as read with section 10 of the M3Statutory Orders (Special Procedure) Act 1945; and

(b)nothing in section 267 of the M4Town and Country Planning (Scotland) Act 1972, as applied by virtue of paragraph 4 or paragraph 8 of Schedule 10 to this Act, shall apply to such inquiry.

Marginal Citations

104 Construction of provisions relating to property.U.K.

(1)Except where the context otherwise requires, nothing in this Act applying (in whatever terms) in relation to property (including any aerodrome) which is owned or managed or controlled by the Secretary of State or which he proposes to acquire shall apply in relation to such property unless, as the case may be, he owns, manages, controls or proposes to acquire the property in connection with the exercise of his functions relating to civil aviation.

(2)Any reference in this Act to the carrying out of works on land shall be construed as including a reference to the making of excavations on the land or to the carrying out of levelling operations on the land; and references to the maintenance of works or to interference with works shall be construed accordingly.

105 General interpretation.U.K.

(1)In this Act, except where the context otherwise requires—

[F33(1ZA)For the purposes of this Act—

(a)a licence holder shall not be considered to be a statutory undertaker unless it is carrying out activities authorised by the licence;

(b)the licence holder’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is its undertaking as licence holder; and references in this Act to a licence holder’s undertaking shall be construed accordingly.]

[F34(1A)The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.]

(2)Except where the context otherwise requires, any reference in this Act to the provisions of an Order in Council shall, if paragraph 3 of Part III of Schedule 13 to this Act (power to authorise making of regulations) applies to the power to make the Order in question, include a reference to the provisions of any regulations made, or directions given, under the Order in Council.

(3)Without prejudice to any transitional or transitory provision made by this Act or to section 17(2) of the M11Interpretation Act 1978 (repeal and re-enactment), any reference in any enactment contained in this Act (including a reference to a provision of that enactment or to any other enactment so contained) to a provision which is a re-enactment of a repealed enactment or to things done or falling to be done under such a provision shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which the repealed enactment had effect, a reference to, or to things done or falling to be done under, that repealed enactment; and where the repealed enactment was itself a re-enactment of an earlier provision the reference shall extend in the same way to that earlier provision, and so on.

(4)Any reference in this Act to the re-enactment of a provision includes a reference to this re-enactment with modifications.

F35(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36(5A)In the application of this Act to Scotland references to a highway shall have effect as references to a road within the meaning of section 151(1) of the Roads (Scotland) Act 1984.]

(6)Except where the context otherwise requires, any reference in this Act to an Act of Parliament shall include a reference to an Act of the Parliament of Northern Ireland, an Order in Council under section 1(3) of the M12 Northern Ireland (Temporary Provisions) Act 1972 and a Measure of the Northern Ireland Assembly.

(7)In the application of this Act to Northern Ireland, references in this Act to provisions of the M13Acquisition of Land (Assessment of Compensation) Act 1919 shall, in relation to any matter about which the Parliament of Northern Ireland had power to make laws, have effect as references to the corresponding provisions of the Land Compensation (Northern Ireland) Order 1982.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F12Definitions in s. 105(1) inserted (1.7.1994) by S.I. 1994/1732, reg. 3(6)

F14Definition of “licence holder” in s. 105(1) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 14 (with s. 106); S.I. 2001/869, art. 2

F16Words repealed by Local Government Act 1985 (c. 51, SIF 81:1) s. 102, Sch. 17

F17S. 105(1) in the definition of “local authority” sub-paragraph (aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 66(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F18Words in s. 105(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 126(5); S.I. 1996/323, art. 4(1)(b)(c)

F21Definition in s. 105(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

F22Words in s. 105(1) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 6(a)

F23Words in s. 105(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 56(2)(a) (with art. 4(11))

F29Words inserted by S.I. 1986/948, art.8, Sch.

F30Words in s. 105(1) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 56(2)(b) (with art. 4(11))

F33S. 105(1ZA) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 6(b)

F34S. 105(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 56(3) (with art. 4(11))

Modifications etc. (not altering text)

C1S. 105(1): references to British Telecommunications in s. 105(1) cease to have effect by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1)(m), Sch. 5 para. 45

Marginal Citations

106 Application of Act to territorial waters.U.K.

(1)Except where the context otherwise requires, in any provision of this Act to which this section applies a reference to a country or territory or to the territorial limits of any country shall be construed as including a reference to the territorial waters of the country or territory, as the case may be; and a reference to a part of the United Kingdom shall be construed as including a reference to so much of the territorial waters of the United Kingdom as are adjacent to that part.

(2)This section applies to Parts III and IV of this Act, except sections [F3864 to 71] and 84.

(3)Nothing in this section shall prejudice the construction of any provision of this Act to which this section does not apply.

Textual Amendments

F38Words in s. 106(2) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. V para. 26(b)

107 Application of Act to Northern Ireland.U.K.

(1)The following provisions of this Act, that is to say, sections 27, 30 to 35, 37, [F3938A to 38C,] 44(9), 51, 54 and 88, paragraph 12 of Schedule 7 and paragraph 10 of Schedule 9 and Schedule 10 shall not extend to Northern Ireland.

(2)Her Majesty may by Order in Council direct that any of the provisions of sections 39, 47 and 97 of this Act (except subsection (3) of section 97) and any of the provisions of this Part of this Act so far as it relates to those sections shall, in the application of that provision to Northern Ireland, have effect subject to such adaptations as may be specified in the Order.

Textual Amendments

108 Extension of provisions of Act outside United Kingdom. U.K.

(1)Her Majesty may by Order in Council direct that any of the provisions of this Act, other than the provisions of sections [F4034, 35,] 61(3) to (5), 82, and 88 of this Act, shall extend, with such modifications (if any) as may be specified in the Order to any relevant overseas territory.

(2)Her Majesty may by Order in Council direct that—

(a)any provision of this Act, other than a provision of sections 92 to 95; or

(b)any provision of any Order in Council or regulations made by virtue of section 60, F41. . ., 75, 86, 87 or 89 above,

shall apply in relation to an aircraft registered in any relevant overseas territory as that provision applies to an aircraft registered in the United Kingdom, but with such modifications (if any) as may be specified in the Order.

109 Transitional provisions, consequential amendments, repeals, etc.U.K.

(1)Schedule 14 to this Act (which contains transitional and transitory provisions and savings) shall have effect; and the provisions of that Schedule are without prejudice to sections 16 and 17 of the M14Interpretation Act 1978 (which relate to repeals).

(2)The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(3)Subject to the provisions of the said Schedule 14, the enactments and instruments specified in Schedule 16 to this Act are hereby repealed to the extent specified in the third column of the said Schedule 16.

Modifications etc. (not altering text)

C6The text of s. 109(2), Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

110 Citation and commencement.U.K.

(1)This Act may be cited as the Civil Aviation Act 1982.

(2)This Act shall come into force at the expiration of the period of three months beginning with its passing.

Modifications etc. (not altering text)