Part II U.K. Aerodromes and Other Land

Powers in relation to land exercisable in connection with civil aviation U.K.

42 Acquisition of land by CAA. U.K.

(1) The CAA may be authorised by the Secretary of State to acquire land in Great Britain compulsorily for any purpose connected with the performance of the CAA’s functions and the following enactments, that is to say—

(a) if the land is in England and Wales, the M1 Acquisition of Land Act 1981, other than Part VI, and

(b) if the land is in Scotland, the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, except section 3 of that Act,

shall apply in relation to the compulsory purchase of land by the CAA and, in the case of the latter Act, shall so apply as if the CAA were a local authority and as if this subsection were contained in an Act in force immediately before the commencement of that Act.

(2) 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.

(3) Schedule 6 to the M3 Local 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.

(4) For the purpose of the acquisition by the CAA of land in Great Britain by agreement the following provisions shall apply, that is to say—

(a) if the land is in England and Wales, the provisions of Part I of the M4 Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 27 and 31; and

(b) if the land is in Scotland, the provision of the M5 Lands Clauses Consolidation (Scotland) Act 1845 (so far as applicable), other than sections 120 to 125, 127, 142 and 143.

(5) 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.

(6) In subsections (2) and (3) above, “land” has the meaning assigned to it by section 45(1)(a) of the M6 Interpretation Act (Northern Ireland) 1954.

Modifications etc. (not altering text)

C1 S. 42(1): Functions transferred (S.) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1

Marginal Citations

M1 1981 c. 67.

M2 1947 c. 42.

M3 1972 c. 9 (N.I.).

M4 1965 c. 56.

M5 1845 c. 19.

M6 1954 c. 33 (N.I.).