SCHEDULES

SCHEDULE 4 Licence holders: land

11

(1)

Section 53 (planning decisions: compensation) shall be amended as follows.

(2)

In subsection (1)—

(a)

for “entitled to recover from the CAA” substitute “ entitled to recover from the relevant person ”,

(b)

for paragraph (b)(iii) substitute—

“(iii)

to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence.”

(3)

In subsection (2) for “shall pay the CAA” substitute “ shall refund to the person who paid that sum ”.

(4)

In subsection (3)—

(a)

for “such a need as aforesaid in respect of an aerodrome or apparatus owned by the CAA,” substitute “ a need referred to in subsection (1)(b)(i) to (iii), ”,

(b)

for “given to the CAA” substitute “ given to the relevant person ”, and

(c)

for “require the CAA” substitute “ require the relevant person ”.

(5)

In subsection (4) for “the CAA” substitute (in each place) “ the relevant person ”.

(6)

In subsection (7) for paragraph (b) and the words following it substitute—

“(b)

the decision would not have been taken but for the need to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence,

the Department shall be entitled to recover from the licence holder a sum equal to that compensation. ”

(7)

In subsection (8) for “the CAA” substitute “ the licence holder ”.

(8)

After subsection (9) insert—

“(10)

The relevant person for the purposes of this section is—

(a)

in a case to which subsection (1)(b)(i) or (ii) applies, the CAA, and

(b)

in a case to which subsection (1)(b)(iii) applies, the licence holder.”