Civil Aviation Act 1982

Section 19.

SCHEDULE 2 U.K. Application of Enactments Relating to Statutory Undertakers, Etc.

1 [F1 (1) Section 39(3) of the Public Health Act 1936 (which exempts buildings belonging to statutory undertakers from certain drainage requirements) shall apply in relation to the CAA as it applies in relation to statutory undertakers but as if in the proviso to the said section 39(3) (which excludes from exemption houses and buildings used as offices and showrooms)the references to offices or showrooms did not include offices or showrooms on any aerodrome owned by the CAA.] U.K.

(2) Section 330 of the said Act of 1936 (power of certain undertakers in England and Wales to alter sewers), section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act) and section 107 of the M1 Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers) shall apply in relation to the CAA and any property owned by the CAA as they apply in relation to a railway company and its railway.

Textual Amendments

F1 Sch. 2 para. 1(1) repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

Marginal Citations

M1 1897 c. 38.

2 The CAA shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the M2 Civil Defence Act 1939 other than paragraphs (a) to (c) of section 7(6) and section 9(4); and in that Act “appropriate department” shall, in relation to the CAA, mean the Secretary of State.

Marginal Citations

M2 1939 c. 31.

[F2 3 (1) Section 93 of Schedule 3 to the M3 Water Act 1945 and section 45 of Schedule 4 to the M4 Water (Scotland) Act 1980 which relate to the protection of certain statutory undertakers) shall apply with the necessary modifications in relation to any works along, upon or under any property owned by the CAA which statutory water undertakers propose to execute, whether or not the said section 93 or the said section 45 has been applied to the undertakers by an order under the said Act of 1945 or the said Act of 1980.

(2) In sub-paragraph (1) above “statutory water undertakers” means—

(a) in relation to England and Wales, statutory water undertakers within the meaning of the M5 Water Act 1973 and includes a person authorised to construct works by an order under section 23 of the Water Act 1945; and

(b) in relation to Scotland, a water authority within the meaning of the Water (Scotland) Act 1980.]

Textual Amendments

F2 Sch. 2 para. 3 repealed (E.W.) by Water Act 1989 (c.15, SIF 130), s. 190(3), Sch. 27 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Marginal Citations

M3 1945 c. 42.

M4 1980 c. 45.

M5 1973 c. 37.

4 The CAA shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, that is to say—

• the M6 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• section 4 of the M7 Requisitioned Land and War Works Act 1948;

• the National Parks and Access to the M8 Countryside Act 1949;

• the M9 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• the M10 Landlord and Tenant Act 1954;

• [F3 sections 283, 296 and 611 of the M11 Housing Act 1985];

• section 39(6)(b) of the M12 Opencast Coal Act 1958;

• section 11 of the M13 Land Compensation Act 1961;

• section 3(4) of the M14 Flood Prevention (Scotland) Act 1961;

• the M15 Pipe-lines Act 1962;

• section 18 of the M16 Land Compensation (Scotland) Act 1963;

• Schedule 3 and (pending the coming into force of its repeal by the M17 Transport Act 1981) Schedule 5 to the M18 Harbours Act 1964;

• Schedule 6 to the M19 Gas Act 1965;

• [F4 section 10(4) of the M20 Highlands and Islands Development (Scotland) Act 1965;]

• sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M21 Countryside (Scotland) Act 1967;

• the M22 New Towns (Scotland) Act 1968;

• paragraph 6 of Schedule 2 to the M23 Countryside Act 1968;

• section 22 of the M24 Sewerage (Scotland) Act 1968;

• [F5 section 39 of the M25 Roads (Scotland) Act 1970;]

• F6 . . .

• F7 . . .

• [F8 section 140 of the Roads (Scotland) Act 1984.]

• [F9 section 9 of the Enterprise and New Towns (Scotland) Act 1990]

Textual Amendments

F3 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 52

F4 Words repealed (E.W.S) (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F5 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 85(3)(a), Sch. 11

F6 Entries relating to the Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F7 Entry relating to the Town and Country Planning (Scotland) Act 1972 in Sch. 2 para. 4 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F8 Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 85(3)(b)

F9 Words added (1.4.1991) (E.W.S) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 12

Marginal Citations

M6 1947 c. 42.

M7 1948 c. 17.

M8 1949 c. 97.

M9 1951 c. 65.

M10 1954 c. 56.

M11 1985 c. 68.

M12 1958 c. 69.

M13 1961 c. 33.

M14 1961 c. 41.

M15 1962 c. 58.

M16 1963 c. 51.

M17 1981 c. 56.

M18 1964 c. 40.

M19 1965 c. 36.

M20 1965 c. 46.

M21 1967 c. 86.

M22 1968 c. 16.

M23 1968 c. 41.

M24 1968 c. 47.

M25 1970 c. 20.

5 U.K. In the following enactments, that is to say—

• section 13 of the M26 Pipe-lines Act 1962,

• the M27 New Towns (Scotland) Act 1968,

• . . . F10

• F11 . . .

• the M28 New Towns Act 1981,

“operational land” shall, in relation to the CAA, means land of the CAA's of any such class as may be prescribed; and—

(a) the definition of a class of land for the purposes of regulations made in pursuance of this paragraph may be framed by reference to any circumstances whatsoever; and

(b) without prejudice to paragraph 1 of Part III of Schedule 13 to this Act, regulations so made may prescribe different classes of land for the purposes of different enactments mentioned in the preceding provisions of this paragraph; and

(c) if any question arises whether land of the CAA’s falls within a class prescribed in pursuance of this paragraph, it shall be determined by the Secretary of State.

Textual Amendments

F10 Entries relating to the Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F11 Entry relating to the Town and Country Planning (Scotland) Act 1972 in Sch. 2 para. 5 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. 1 (with s. 5, Sch. 3)

Marginal Citations

M26 1962 c. 58.

M27 1968 c. 16.

M28 1981 c. 64.

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 2 para. 6 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. I

F13 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 2 para. 7 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. 1