Civil Aviation Act 1982

62 Control of aviation in time of war or emergency.U.K.

(1)In time of war, whether actual or imminent, or of great national emergency, the Secretary of State—

(a)may by order regulate or prohibit, either absolutely or subject to such conditions as may be contained in the order and notwithstanding the provisions of any enactment relating to civil aviation or any Order in Council or regulations made thereunder, the navigation of all or any descriptions of aircraft over the United Kingdom or any portion thereof or over any area of sea specified in the order; and

(b)may by order provide for taking possession of and using for the purposes of Her Majesty’s naval, military or air forces any aerodrome, or any aircraft, machinery, plant, material or things found therein or thereon, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, or flying school, or any class or description thereof.

(2)An order under this section may make, for the purposes of the order, such provision as an Air Navigation Order may make by virtue of subsection (1) of section 61 above for the purpose of securing compliance with provisions thereof having effect by virtue of paragraph (l) of subsection (3) of section 60 above.

(3)Any person who suffers direct injury or loss, owing to the operation of an order of the Secretary of State under this section, shall be entitled to receive compensation from the Secretary of State, the amount thereof to be fixed in default of agreement by the Lands Tribunal.

(4)The principles of the Land Compensation Act shall, with the necessary modifications, apply for the purpose of subsection (3) above where possession is taken of any land; but no compensation shall be payable by reason of the operation of a general order under this section rohibiting flying in the United Kingdom or any part thereof or over any area of sea.