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STATUTORY INSTRUMENTS

2001 No. 4050

CIVIL AVIATION

The Transport Act 2000 (Consequential Amendments) Order 2001

  Made 20th December 2001 
  Coming into force 21st December 2001 

Whereas a draft of this Order has been laid before Parliament and approved by each House of Parliament in pursuance of section 277(3) of the Transport Act 2000[1].

     Now, therefore, the Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by section 277(1) of that Act hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Transport Act 2000 (Consequential Amendments) Order 2001 and shall come into force on 21st December 2001.

Consequential amendments
     2. The enactments specified in the Schedule hereto are hereby amended as specified in that Schedule.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


David Jamieson
Parliamentary Under-Secretary of State, Department for Transport, Local Government and the Regions

20th December 2001



SCHEDULE
Article 2



PART I

CONSEQUENTIAL AMENDMENTS RELATING TO AVIATION

Aviation Security Act 1982

     1. In section 38 of the Aviation Security Act 1982[2] (interpretation etc.) in subsection (2)(b) for "the manager of an aerodrome" there shall be substituted "the person".



PART II

CONSEQUENTIAL AMENDMENTS RELATING TO STATUTORY AND OTHER UNDERTAKERS

Welsh Development Agency Act 1975

     2. In section 27 of the Welsh Development Agency Act 1975 (interpretation)[3] - 

Local Government (Miscellaneous Provisions) Act 1976

     3. In section 15 of the Local Government (Miscellaneous Provisions) Act 1976 (power of local authorities to survey land which they propose to acquire compulsorily)[4] - 

     4. In the Highways Act 1980[5] - 



PART IV

CONSEQUENTIAL AMENDMENTS RELATING TO DISCLOSURE

Consumer Credit Act 1974

     15. In section 174 of the Consumer Credit Act 1974 (restrictions on disclosure of information)[22] in subsection (3)(a) after "the Gas (Northern Ireland) Order 1996" there shall be inserted "or Part I of the Transport Act 2000".

Estate Agents Act 1979

     16. In section 10 of the Estate Agents Act 1979 (restriction on disclosure of information)[23] in subsection (3)(a) after "the Competition Act 1998" there shall be inserted "or Part I of the Transport Act 2000".

Telecommunications Act 1984

     17. In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information)[24] - 

     18. In section 74 of the Airports Act 1986 (restriction on disclosure of information)[25] in subsection (3) after paragraph (p) there shall be inserted - 

     19. In section 38 of the Consumer Protection Act 1987 (restrictions on disclosure of information)[26] in subsection (3) after paragraph (p) there shall be inserted - 

     20. In section 174 of the Water Act 1989 (general restrictions on disclosure of information)[27] in subsection (3) after paragraph (ll) there shall be inserted - 

     21. In Schedule 15 to the Water Industry Act 1991 (disclosure of information)[28] in Part II (enactments etc in respect of which disclosure may be made) immediately after the entry relating to "The Competition Act 1998" there shall be inserted the following entry - 

Water Resources Act 1991

     22. In Schedule 24 to the Water Resources Act 1991 (disclosure of information)[29] in Part II (enactments etc in respect of which disclosure may be made) immediately after the entry relating to "The Competition Act 1998" there shall be inserted the following entry - 

Railways Act 1993

     23. In section 145 of the Railways Act 1993 (general restrictions on disclosure of information)[30]in subsection (3) after paragraph (qq) there shall be inserted - 

     24. In section 59 of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)[31] in subsection (3) after paragraph (d) and before the word "and" there shall be inserted - 

Utilities Act 2000

     25. In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information)[32] in subsection (6) after paragraph (q) there shall be inserted - 



PART V

CONSEQUENTIAL AMENDMENTS TO THE CIVIL AVIATION ACT 1982

Civil Aviation Act 1982

     26. In the Civil Aviation Act 1982[33] - 


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the enactments specified in the Schedule, which relate to aviation security, statutory undertakers, town and country planning, disclosure and civil aviation, in consequence of the provisions of Part I of the Transport Act 2000 ("the Act").

In so far as relevant the main effects of Part I of the Act are that a person to whom a licence under that Part is granted ("a licence holder") is to provide air traffic services and the Civil Aviation Authority ("the CAA") is to regulate the provision of those services. The provision of such services as comprise air traffic services was formerly the responsibility of the CAA and the CAA remains responsible for the performance of air navigation functions.

Paragraph 1 of the Schedule amends section 38 of the Aviation Security Act 1982 so that for the purposes of that Act the authority responsible for an air navigation installation is the person (who may be a licence holder) providing that installation or by whom such installation is wholly or mainly used.

Paragraphs 2, 4 to 6 and 9 to 12 of the Schedule amend legislation for the purposes of which the CAA is a statutory undertaker and make a licence holder a statutory undertaker for the purposes of that legislation to the extent that he is carrying out activities authorised by the licence. Paragraphs 3, 7 and 8 amend legislation whereby the CAA enjoys rights in relation to the carrying out of its functions otherwise than by being a statutory undertaker for the purposes of that legislation. The amendments provide that a licence holder shall enjoy similar rights to the extent that he is carrying out activities authorised by the licence.

Paragraph 13 of the Schedule amends sections 264 and 265 of the Town and Country Planning Act 1990. Section 264 is amended to provide that the section does not apply for the purposes of determining whether land in which an interest is held by a licence holder is, in relation to him, operational land for the purposes of that Act. The amendment to section 265 provides that in relation to a licence holder "the appropriate Minister" means the Secretary of State for Transport, Local Government and the Regions.

Paragraph 14 of the Schedule amends the Town and Country Planning (General Permitted Development) Order 1995 to provide that:

Paragraphs 15 to 25 of the Schedule amend legislation which provides that information obtained thereunder may be disclosed to specified persons and bodies for specified purposes. The amendments provide that information obtained under such legislation may be disclosed to the CAA for the purposes of its functions under Part I of the Act.

Paragraph 26 of the Schedule amends the Civil Aviation Act 1982 in consequence of the repeal of sections 62, 63 and 72 to 74 thereof.

Notes:

 [1] 2000 c. 38.back

[2] 1982 c. 36.back

[3] 1975 c. 70.back

[4] 1976 c. 57.back

[5] 1980 c. 66.back

[6] Section 254(6A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(8)(b).back

[7] Section 290(9A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(9)(b).back

[8] Paragraph 3(3A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(11)(b).back

[9] 1981 c. 67.back

[10] Section 8(1A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 54(2)(b).back

[11] Section 32(8) was amended by the Civil Aviation Act 1982 (c. 16), section 109 and Schedule 15, paragraph 27.back

[12] 1982 c. 16; section 105(1) was amended by the Transport Act 2000 (c. 38), Schedule 4, paragraphs 1 and 14; section 105(1A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 56(3).back

[13] 1984 c. 55.back

[14] 1991 c. 56.back

[15] 2000 c. 37; paragraph 14 of Part II of Schedule 1 was amended by S.I. 2001/1149.back

[16] S.I. 1992/666; relevant amending instrument is S.I. 1996/525.back

[17] S.I. 1999/1892, to which there are amendments not relevant to this Order.back

[18] S.I. 2000/2190, to which there are amendments not relevant to this Order.back

[19] 1990 c. 8.back

[20] Section 265(1)(d) was amended by S.I. 2001/2568, article 16 and the Schedule, paragraph 9(4).back

[21] S.I. 1995/418, to which there are amendments not relevant to this Order.back

[22] 1974 c. 39; section 174(3)(a) was amended by the Airports Act 1986 (c. 31), section 83(1) and Schedule 4, paragraph 4.back

[23] 1979 c. 38; section 10(3)(a) was amended by the Airports Act 1986 (c. 31), section 83(1) and Schedule 4, paragraph 6.back

[24] 1984 c. 12.back

[25] 1986 c. 31.back

[26] 1987 c. 43.back

[27] 1989 c. 15.back

[28] 1991 c. 56.back

[29] 1991 c. 57.back

[30] 1993 c. 43.back

[31] 1994 c. 21.back

[32] 2000 c. 27.back

[33] 1982 c. 16.back


ISBN 0 11 039107 1


 © Crown copyright 2001

Prepared 7 January 2002

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URL: http://www.bailii.org/uk/legis/num_reg/2001/20014050.html