Transport Act 2000

New towns

5 (1) Section 79 of the [1981 c. 64.] New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.

(2) In subsection (1) after “the Civil Aviation Authority,” insert “or

(ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),”.

(3) After subsection (1) insert—

“(1A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”

(4) In subsection (3) after paragraph (b) insert—

“(ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.”

(5) After subsection (3) insert—

“(4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”