Scotland Act 1998 Explanatory Notes

Exceptions

The following exceptions from the reservation are made, as amended by S.I. 2000/3252:

(a)

The subject-matter of the following sections of the Civil Aviation Act 1982:

i.

section 25 (the power of the Secretary of State to provide aerodromes);

ii.

section 30 (the provision of aerodromes and facilities at aerodromes by local authorities);

iii.

section 31 (power to carry on ancillary business in connection with local authority aerodromes);

iv.

section 34 (financial assistance for certain aerodromes);

v.

section 35 (facilities for consultation at certain aerodromes);

vi.

section 36 (health controls at certain aerodromes); and

vii.

sections 41 to 43 and 50 (powers in relation to land) where land is to be or was acquired for airport development or expansion.

(b)

The subject-matter of Part II and sections 63, 64 and 66 of the Airports Act 1986. These relate to the transfer of airport undertakings of local authorities, airport bylaws, and functions of operators of designated airports in respect of abandoned vehicles.

(c)

The subject-matter of sections 59 and 60 (acquisition and disposal of land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion; and

(d)

Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services. The purpose of this exception which was added by S.I. 2000/3252, was to enable the Scottish Parliament to legislate in the Transport (Scotland) Act 2001 (asp 2) to empower the Scottish Ministers to require Scottish public authorities with mixed functions to produce joint transport strategies specifically covering the provision of air services.

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