Aviation Security Act 1982

Section 22.

SCHEDULE 1 Provisions Relating to Compensation

1 This Schedule applies to compensation under section 22 of this Act (in this Schedule referred to as " the relevant section ").

2 No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the relevant section (or in accordance with regulations made under the following provisions of this Schedule) serves on the manager of the aerodrome by whom the measures in question were taken a notice in writing claiming compensation under that section, and that notice is served before the end of the period of two years from the completion of the measures.

3 In relation to any measures taken by the manager of an aerodrome on land outside the aerodrome, any reference in the relevant section to a direction, or to compliance with a direction, shall be construed as if subsection (6) of section 16 of this Act were omitted.

4 In calculating value for any of the purposes of the relevant section—

(a) rules (2) to (4) of the rules set out in section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall apply with the necessary modifications, and

(b) if the interest to be valued is subject to a mortgage, it shall be treated as if it were not subject to the mortgage.

5 Regulations made by the Secretary of State by statutory instrument may make provision—

(a) requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the relevant section ;

(b) as to the application of any compensation to which this Schedule applies, or any part of it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, to a feuduty or ground annual or to the purposes of a trust, or which was so subject at a time specified in the regulations; or

(c) as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.

6 A statutory instrument containing regulations made under paragraph 5 of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 Any dispute arising under the relevant section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the Lands Tribunal.

8 For the purposes of the application of paragraphs 2 to 7 of this Schedule to compensation in respect of measures taken by the authority responsible for an air navigation installation, references in those paragraphs to an aerodrome and to the manager of an aerodrome shall be construed respectively as references to an air navigation installation and to the authority responsible for it.

9 In the application of this Schedule to Scotland—

(a) the reference in paragraph 4(a) to section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall be construed as a reference to section 12 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963, and

(b) the reference in paragraph 7 to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Scotland.

10 In the application of this Schedule to Northern Ireland—

(a) the reference in paragraph 4(a) to section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the [S.I. 1982/712 (N.I. 9).] Land Compensation (Northern Ireland) Order 1982 (which confines the operation of that Order to matters within the legislative competence of the Parliament of Northern Ireland), as a reference to Article 6(1) of that Order ; and

(b) the reference in paragraph 7 to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Northern Ireland.

11 In this Schedule "mortgage" includes any charge or lien on any property for securing money or money's worth, and any heritable security within the meaning of section 9(8) of the [1970 c. 35.] Conveyancing and Feudal Reform (Scotland) Act 1970.