Part I Air traffic
Chapter VI Miscellaneous and general
Miscellaneous
I193 Control in time of hostilities etc.
1
The Secretary of State may—
a
give directions to any listed person in any time of actual or imminent hostilities or of severe international tension or of great national emergency;
b
give directions to any listed person requiring him to participate in the planning of steps which might be taken in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
2
The listed persons are—
a
the CAAF2or a person (other than the CAA) appointed by regulations under section 16 of the Space Industry Act 2018;
b
a person who provides air traffic services F3or range control services;
c
a person who operates a United Kingdom air transport undertaking F4or carries out spaceflight activities;
d
a person who operates an airport F5or a spaceport;
e
a person who owns or operates a relevant asset.
3
The power under subsection (1)(a) includes—
a
in the case of F6a person within subsection (2)(a), power to direct it to carry out its functions in a specified manner or for specified purposes;
b
in the case of a person who provides air traffic services F7or range control services, power to direct him to do so in a specified manner or for specified purposes;
c
in the case of a person who owns a relevant asset, power to direct him to permit the use of the asset or to exercise his rights over it in a specified manner or for specified purposes;
d
in the case of a person who operates a relevant asset, power to direct him to exercise his powers of management over the asset in a specified manner or for a specified purpose.
4
The power under subsection (1)(a) includes power to give directions designed—
a
to regulate or prohibit (absolutely or subject to conditions) the navigation of all or any descriptions of aircraft F8or spacecraft over the United Kingdom or over part of it or over any area of sea;
b
c
to secure that relevant assets are taken into the Secretary of State’s possession for use by or for the purposes of the armed forces of the Crown.
5
In so far as a direction under this section conflicts with the requirements of an order under section 94, the direction is to be disregarded.
6
In so far as a direction under this section conflicts—
a
with the requirements of an enactment or instrument other than an order under section 94, or
b
with any duty which arises otherwise than under an enactment or instrument,
the requirements are or the duty is to be disregarded.
7
A person directed under this section commits an offence if without reasonable excuse he contravenes or fails to comply with the direction.
8
A person who commits an offence under subsection (7) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
9
A person (other than F11a person within subsection (2)(a)) who suffers direct injury or loss arising from compliance with a direction under subsection (1)(a) is entitled to receive compensation from the Secretary of State.
10
The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
a
an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
b
an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
c
an arbitrator appointed by the F1Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).