Part V U.K. Miscellaneous and General

105 General interpretation. U.K.

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

• “accounting year”, in relation to the CAA, means the period of twelve months ending with 31st March in any year;

• “aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;

• “Air Navigation Order” means an Order in Council under section 60 above;

• “air navigation services” includes information, directions and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft, and includes the control of movement of vehicles in any part of an aerodrome used for the movement of aircraft;

• “air transport licence” has the meaning given by section 64(1)(a) above;

• “air transport service” means a service for the carriage by air of passengers or cargo;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “the CAA” means the Civil Aviation Authority;

• “cargo” includes mail;

• “the Chicago Convention” means the convention on International Civil Aviation which was, on 7th December 1944, signed on behalf of the Government of the United Kingdom at the International Civil Aviation Conference held at Chicago;

• [F2 F3 “the Community licensing Regulation” means Council Regulation 2407/92 on licensing of air carriers F4 (as that Regulation has effect in accordance with [F5 the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994]]);

  • “Convention country” means a country in which the Tokyo Convention is for the time being in force; and Her Majesty may by Order in Council certify that any country specified in the Order is for the time being a Convention country and any such Order in Council for the time being in force shall be conclusive evidence that the country in question is for the time being a Convention country;

• [F2 “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  “EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;]

  • “enactment” includes any enactment contained in an Act of the Parliament of Northern Ireland, an Order in Council under section 1(3) of the M1 Northern Ireland (Temporarary Provisions) Act 1972 or a Measure of the Northern Ireland Assembly;

  • “Eurocontrol” and “the Eurocontrol Convention” have the meanings given by section 24 above;

  • “flight” means a journey by air beginning when the aircraft in question takes off and ending when it next lands;

  • “functions” includes powers and duties;

  • “the initial debt” has the meaning given by section 9(1) above;

  • “the Land Compensation Act”—

    (a)

    in relation to England and Wales, means the M2 Land Compensation Act 1961;

    (b)

    in relation to Scotland, means the M3 Land Compensation (Scotland) Act 1963; and

    (c)

    in relation to Northern Ireland, means, subject to subsection (7) below, the M4 Acquisition of Land (Assessment of Compensation) Act 1919;

  • “the Lands Tribunal” shall be construed subject to subsection (5) below;

  • [F6 “licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services);]

  • “local authority”—

    (a)

    in relation to England F7 . . ., means a county council, . . . F8 the council of a district or London borough or the Common Council of the City of London;

  (aa)

  [F9 in relation to Wales, means a county council or a county borough council;]

  (b)

  in relation to Scotland, means a [F10 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  (c)

  in relation to Northern Ireland, means a district council established under the M5 Local Government Act (Northern Ireland) 1972;

  • “loss or damage” includes, in relation to persons, loss of life and personal injury;

  • “modifications” includes additions, omissions and amendments, and “modify” shall be construed accordingly’;

  • “operator”, in relation to an aircraft, means the person having the management of the aircraft for the time being or, in relation to a time, at that time;

  • “prescribed” means prescribed by regulations made by the Secretary of State;

  • “relevant overseas territory” means any of the Channel Islands, the Isle of Man, any colony . . . F11

  • “reward”, in relation to a flight, includes any form of consideration received or to be received wholly or partly in connection with the flight irrespective of the person by whom or to whom the consideration has been or is to be given;

  • F12 . . .

  • “statutory undertaker” means the CAA, [F13 a licence holder,][F14 a universal service provider in connection with the provision of a universal postal service], . . . F15 or any person (including a local authority) authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by any Act to construct, work or carry on—

    (a)

    any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking;

    (b)

    any undertaking for the supply of . . . F16 . . . F17 . . . F16 hydraulic power;

    (c)

    [F18 any undertaking for the supply of water;]

    and “statutory undertaking” shall be construed accordingly;

  • “subsidiary” shall be construed in accordance with [F19 section 736 of the Companies Act 1985]; and

  • “Tokyo Convention” means the Convention on Offences and certain other Acts Committed on board Aircraft, which was signed at Tokyo on 14th September 1963;

  • “United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British Dependent Territories citizen [F20 , a British National (Overseas)] or a British Overseas citizen;

    (c)

    a person who under the M6 British Nationality Act 1981 is a British subject; or

    (c)

    a British protected person (within the meaning of that Act).

• [F21 “universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.]

[F22 (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.]

[F23 (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 M7 Interpretation 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.

(5) In the application of this Act to Scotland and to Northern Ireland references to the Lands Tribunal shall have effect as references respectively to the Lands Tribunal for Scotland and to the Lands Tribunal for Northern Ireland.

[F24 (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 M8 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 M9 Acquisition 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F1 Definition repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6

F2 Definitions in s. 105(1) inserted (1.7.1994) by S.I. 1994/1732, reg. 3(6)

F3 Definition in s. 105(1) inserted (1.1.1994) by S.I. 1993/3039, reg. 3(c)

F4 OJ No.L24O, 24.8.92, p. 1.

F5 Words in s. 105(1) substituted (1.7.1994) by S.I. 1994/1732, reg. 3(5)

F6 Definition 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

F7 Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 66(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F8 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1) s. 102, Sch. 17

F9 S. 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

F10 Words 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)

F11 Words repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(2), Sch. 4

F12 Definition in s. 105(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

F13 Words in s. 105(1) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 6(a)

F14 Words 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))

F15 Words repealed by Telecommunications Act 1984 (c.12, SIF 96), s. 109, Sch. 7 pt. I

F16 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F17 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 pt. I

F18 Para. (c) repealed (E.W.) by Water Act 1989 (c.15, SIF 130), 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, Sch. 27

F19 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch.2

F20 Words inserted by S.I. 1986/948, art.8, Sch.

F21 Words 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))

F22 S. 105(1ZA) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 6(b)

F23 S. 105(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 56(3) (with art. 4(11))

F24 S. 105(5A) inserted by (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 85(2)

F25 s. 105(8) repealed by S.I. 1984/703 (N.I. 3), art. 19(2), Sch.7

Modifications etc. (not altering text)

C1 S. 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

M1 1972 c. 22.

M2 1961 c. 33.

M3 1963 c. 51.

M4 1919 c. 57.

M5 1972 c. 9 (N.I.).

M6 1981 c.61.

M7 1978 c.30.

M8 1972 c.22.

M9 1919 c.57.