- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Version Superseded: 13/07/2016
Point in time view as at 01/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Civil Aviation Act 1982, Section 50.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies—
(a)where the Secretary of State has confirmed or is considering the confirmation of an order authorising the CAA [F1or a licence holder] to acquire land in Great Britain compulsorily;
(b)where the CAA [F1or a licence holder] proposes to acquire land in Northern Ireland compulsorily;
(c)where the Secretary of State has made or has under consideration the making of an order under section 44 above providing for the creation in favour of the CAA [F1or a licence holder] of easements or servitudes over land or of other rights in or in relation to land;
(d)where the Secretary of State has made, or has under consideration the making of, an order under section 46(1) above in respect of the CAA [F2, a licence holder (within the meaning of section 105(1) [F3below),]] or the licensee of an aerodrome licensed under an Air Navigation Order [F4or a person who holds a certificate under the Aerodromes Regulation authorising the operation of an aerodrome], being an order declaring that an area of land shall be subject to control by directions; and
(e)in any case not falling within paragraphs (a) to (d) above where the Secretary of State has made, or has under consideration the making of, an order under or in pursuance of this Part of this Act, being—
(i)an order authorising the compulsory purchase of land; or
(ii)an order providing for the creation in favour of a particular person of easements or servitudes over land or of other rights in or in relation to land; or
(iii)an order declaring that an area of land shall be subject to control by directions.
(2)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.
(3)In subsection (2) above “a relevant survey” means—
(a)in a case falling within subsection (1)(a) above, any survey which the Secretary of State [F5, the CAA or a licence holder] requires to be made for the purpose of any steps to be taken in consequence of the order, or, as the case may be, for the purpose of determining whether the order should be confirmed;
(b)in a case falling within subsection (1)(b) above, any survey which the Secretary of State [F5, the CAA or a licence holder] requires to be made for the purpose of ascertaining whether the land would be suitable for the purposes for which it is proposed to acquire it;
(c)in a case falling within subsection (1)(c) above, any survey which the Secretary of State [F5, the CAA or a licence holder] requires to be made for the purpose of any steps to be taken in consequence of the order or, as the case may be, for the purpose of determining whether the order should be made;
(d)In a case falling within subsection (1)(d) above, any survey which the Secretary of State or the person in respect of whom the order under the said section 46(1) has been, or is to be, made requires to be made for the purpose of any steps to be taken in consequence of that order or, as the case may be, for the purpose of determining whether the order should be made;
(e)in a case falling within subsection (1)(e) above, any survey which the Secretary of State requires to be made for the purpose of any steps to be taken in consequence of the order in question or, as the case may be, for the purpose of determining whether the order should be made.
(4)Admission shall not, by virtue of subsection (2) above, be demanded as of right to any land which is occupied unless the following notice of the intended entry has been served on the occupier, that is to say—
(a)in a case falling within subsection (1) (a) to (d) above, eight days’ notice; and
(b)in a case falling within subsection (1)(e) above, twenty-four hours’ notice.
(5)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 [F6level 2 on the standard scale].
(6)Proceedings for an offence under this section shall not be instituted—
(a)in England and Wales, except by or with the consent of the Secretary of State or by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Secretary of State or by the Attorney General for Northern Ireland,
except that in England and Wales and in Northern Ireland such proceedings may be instituted without such consent, in a case falling within subsection (1)(a) to (c) above, by the CAA and, in a case falling within subsection (1)(d) above, by the person in respect of whom the order in question has been, or is to be, made.
(7)Where any land is damaged in the exercise of a power of entry conferred in pursuance of an authority given under this section, or in the making of any survey for the purpose of which any such power of entry has been conferred—
[F7(a) in a case falling within subsection (1)(a) to (c) above in respect of the CAA , the CAA ,
(aa)in a case falling within subsection (1)(a) to (c) above in respect of a licence holder, the licence holder,]
(b)in a case falling within subsection (1)(d) above, the person in respect of whom the order in question has been, or is to be, made,
(c)in a case falling within subsection (1)(e) above, the Secretary of State,
shall pay such compensation to the persons interested in the land as may be just; and where any dispute arises as to whether compensation is payable under this subsection, or as to the amount of any such compensation or as to the persons to whom it is payable, the dispute shall be referred to and determined by the [F8appropriate tribunal].
Textual Amendments
F1Words in s. 50(1)(a)(b)(c) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 8(2) (with s. 106); S.I. 2001/869, art. 2
F2Words in s. 50(1)(d) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 8(3) (with s. 106); S.I. 2001/869, art. 2
F3Word in s. 50(1)(d) substituted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), art. 1(1), Sch. para. 3(7)(a)
F4Words in s. 50(1)(d) inserted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), art. 1(1), Sch. para. 3(7)(b)
F5Words in s. 50(3)(a)(b)(c) substituted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 8(4) (with s. 106); S.I. 2001/869, art. 2
F6Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
F7S. 50(7)(a)(aa) substituted (1.4.2001) for s. 50(7)(a) by 2000 c. 38, s. 36, Sch. 4 para. 8(5) (with s. 106); S.I. 2001/869, art. 2
F8Words in s. 50(7) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 154 (with Sch. 5)
Modifications etc. (not altering text)
C1S. 50 extended with modifications by Airports Act 1986 (c. 31, SIF 9), s. 59(3)(4)
C2S. 50(2): Functions transferred (S.) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: