The Airports Act 1986 (Commencement No. 1 and Appointed Day) Order 1986

Statutory Instruments

1986 No. 1228 (c.38)

CIVIL AVIATION

The Airports Act 1986 (Commencement No. 1 and Appointed Day) Order 1986

Made

15th July 1986

The Secretary of State for Transport, in exercise of the powers conferred on him by sections 2(1), 79(5) and 85(5) and (6) of the Airports Act 1986, hereby makes the following Order:—

Citation and Interpretation

1.  This Order may be cited as the Airports Act 1986 (Commencement No. 1 and Appointed Day) Order 1986.

2.  In this Order, “ the Act” means the Airports Act 1986.

Commencement

3.  The date appointed for the coming into force of the provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters specified in the second column of that Schedule) shall, subject to the limitations (if any) specified in the third column of the Schedule, be 31st July 1986.

4.  The date appointed for the coming into force of the provisions of the Act specified in the first column of Schedule 2 to this Order (which relate to the matters specified in the second column of that Schedule) shall, subject to the limitations (if any) specified in the third column of the Schedule, be 1st August 1986.

Appointed Day

5.  The day appointed for the purposes of section 2(1) of the Act shall be 1st August 1986.

Transitional Provisions

6.  Any byelaws made or having effect as if made under sections 32 or 33 of the Civil Aviation Act 1982 and in force in relation to any airport immediately before 1st August 1986 shall, as from that day, have effect as if they were byelaws made under section 63 of the Act and the airport were an airport designated for the purposes of that section.

John Moore

Secretary of State for Transport

15th July 1986

Article 3

SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 31ST JULY 1986

Provisions of the Act	Subject matter of provisions	Limitation on commencement
Part V (including Schedule 2)	Status of certain airport operators as statutory undertakers, etc.
Section 83(1)	Consequential amendments.	To the extent necessary for the bringing into force of the provisions of Schedule 4 brought into force by this Schedule.
Paragraphs 1 and 2 of Schedule 4	Consequential amendments.

Article 4

SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 1ST AUGUST 1986

Provisions of the Act	Subject matter of provisions	Limitation on commencement
Sections 63 to 66	Airport byelaws, control of road traffic, functions of airport operators as respects abandoned vehicles.
Section 83(1)	Consequential amendments.	To the extent necessary for the bringing into force of the provisions of Schedule 4 brought into force by this Schedule.
Section 83(5)	Repeals.	To the extent necessary for the bringing into force of the provisions of Part II of Schedule 6 brought into force by this Schedule.
Schedule 3	Airport byelaws made by a person other than the Secretary of State.
Paragraph 10 of Schedule 4	Consequential amendments.	With the omission of the words “60(3)(o)”.
Part II of Schedule 6	Repeals.	To the extent that it relates to the repeals set out in the Appendix to this Schedule.

APPENDIX TO SCHEDULE 2 REPEALS TAKING EFFECT ON 1ST AUGUST 1986

Chapter	Short title	Extent of repeal
1982c.16.	Civil Aviation Act 1982.	Section 27. Section 29. Sections 32 and 33. Section 37. Section 40. Section 58. Section 99(5)(a). Schedule 5. In Part II of Schedule 13, the entries relating to sections 32(5), 33(1), 37 and 40(2). In Schedule 14,paragraph 5(1).
1982c.48.	Criminal Justice Act 1982.	Section 45. In section 81(5), the words “section 45”.

EXPLANATORY NOTE

This Order brings into force on 31st July 1986 Part V and Schedule 2 and certain ancillary provisions of the Airports Act 1986 (“the Act”) which make provision for the status of certain airport operators as statutory undertakers, etc. (Articles 3 and Schedule 1).

The Order also brings into force on 1st August 1986 certain other provisions of the Act relating to airport byelaws, control of road traffic at airports and functions of airports operators as respects abandoned vehicles, namely sections 63 and 66 and Schedule 3 of the Act and certain consequential amendments and repeals (article 4 and Schedule 2).

The Order also appoints 1st August 1986 as the appointed day for the purposes of section 2(1) of the Act (dissolution of the British Airports Authority and vesting of its property, rights and liabilities in a successor company) (article 5). In accordance with the provisions of section 85(3) of the Act certain other provisions come into force on that day namely sections 4 to 11, 76(5), 77(1) to (4),paragraph 9 of Schedule 4 and section 83(1) so far as relating thereto, section 83(2) and (4) and Schedule 5 and Part I of Schedule 6 and section 83(5) so far as relating thereto.

The Order also includes a transitional provision providing for byelaws made or having effect as if made under sections 32 or 33 of the Civil Aviation Act 1982 (byelaws at local authority and at certain private aerodromes) in force in relation to any airport immediately before 1st August 1986 to have effect from that day as if they were made under section 63 of the Act and the airport were an airport designated for the purposes of that section (article 6).