Indicates the geographical area that this provision applies to. Revised legislation carried on this site may not be fully up to date. (3)A direction under subsection (1) above which requires a relevant manager to establish or amend a penalty scheme may include directions as to the provisions which are to be included in the scheme. (a)in the case of a first conviction of an offence under this section, to a fine not exceeding [F10£100 level 4 on the standard scale]; (b)in any other case, to a fine not exceeding [F10£200 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both; but (without prejudice to section 105(3) below) a previous conviction of an offence under section 7 of the M2Civil Aviation (Licensing) Act 1960 shall be treated as a conviction of an offence under this section for the purposes of determining whether a conviction of an offence under this section is a first such conviction. any body appearing to him to be representative of operators of aircraft using the aerodrome in question. 2(2), 14; S.I. Civil Aviation Act 1982, Cross Heading: Trespass by aircraft and aircraft nuisance, noise, etc. (2)If it appears to the Secretary of State that any requirement specified in relation to a designated aerodrome in a notice published in pursuance of subsection (1) above has not been complied with as respects any aircraft he may, after affording to the person who at the relevant time was the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by that person, give to the person managing the aerodrome a direction requiring him to secure that, until the Secretary of State revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be the duty of the person for the time being managing the aerodrome to comply with the direction. Return to the latest available version by using the controls above in the What Version box. long time to run. The Civil Aviation Act 2012 is designed to modernise key elements of the regulatory framework for civil aviation in the UK. Section 1 of the Act brings the treaty into effect, while Section 2 establishes EUROCONTROL as a corporate body, and Section 3 authorises the British Minister for Aviation to pay the United Kingdom's allotted expenses to maintain the organisation. 16 para. C4S. Changes that have been made appear in the content and are referenced with annotations. If it appears to the Secretary of State that any requirement specified in relation to a designated aerodrome in a notice published in pursuance of subsection (1) above has not been complied with as respects any aircraft he may, after affording to the person who at the relevant time was the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by that person, give to the person managing the aerodrome a direction requiring him to secure that, until the Secretary of State revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be the duty of the person for the time being managing the aerodrome to comply with the direction. Amendment of the Civil Aviation Act 1982 2. Document Generated: 2015-10-14. 2001/3367, art. For further information see the Editorial Practice Guide and Glossary under Help. 77(2) applied (16.5.1995) by S.I. . prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified; specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than as aforesaid) during periods so specified; determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) above and, as respects each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods; Without prejudice to subsection (5)(f) below, a particular occasion or series of occasions on which aircraft take off or land at an aerodrome shall be disregarded for the purposes of any notice under subsection (3) above in respect of that aerodrome if—, on that occasion or series of occasions the aircraft take off or land in circumstances specified for the purposes of this subsection in relation to that aerodrome by the Secretary of State in a notice published in the prescribed manner; and. Use this menu to access essential accompanying documents and information for this legislation item. Grants towards cost of sound-proofing buildings. (8)A relevant manager who receives penalties under a penalty scheme shall make payments equal to the amount of those penalties for purposes which appear to him to be likely to be of benefit to persons who live in the area in which the aerodrome is situated. 78A, 78B inserted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. These Regulations may be cited as the Civil Aviation Act 1982 (Amendment) (EU Exit) Regulations 2018 and they come into force on exit day. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. More information is available about EU Legislation and UK Law. The Secretary of State shall publish any direction given under subsection (1) above in such manner as appears to him to be appropriate. 2.-(1) In this Act- Interprets- tlon. 3), arts. Changes that have been made appear in the content and are referenced with annotations. the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. aerodrome. 2015/664), Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Criminal Justice Act 1982 (c. 48, SIF 39:1), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Direction to establish, amend or revoke penalty scheme, The Secretary of State may direct a specified relevant manager—. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Civil Aviation Act 1982. . (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 74 OF 1962 . F1Words in s. 76(1) omitted (19.2.2013) by virtue of Civil Aviation Act 2012 (c. 19), ss. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. . The Whole Act you have selected contains over 200 provisions and might take some time to download. The first date in the timeline will usually be the earliest date when the provision came into force. 2, Sch. (1) 1982 c. 16; subsection (1A) of section 75 was inserted by the Civil Aviation Act (Investigation of Accidents) Regulations 1996 (S.I. Show Timeline of Changes: Part I — Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. may also experience some issues with your browser, such as an alert box that a script is taking a See how this legislation has or could change over time. 2, C10S. 1995/1038, art. . For further information see ‘Frequently Asked Questions’. (2)Any person who uses an aircraft, or knowingly causes or permits an aircraft to be used, in contravention of subsection (1) above shall be guilty of an offence and liable on summary conviction—. C2S. (12)Any notice published in pursuance of subsection (1), (3) or (4) above may contain such incidental or supplementary provisions as the Secretary of State considers appropriate for the purposes of that subsection and may be varied or revoked by a subsequent notice published in pursuance of that subsection. 131(2) (with art. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. There are changes that may be brought into force at a future date. This Act may be cited as the Civil Aviation Act. . short title. . 1(1), Sch. Return to the latest available version by using the controls above in the What Version box. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. No versions before this date are available. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 78(6A) inserted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. F6Ss. . ANS Corporation means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act; (société). Before making a scheme under this section relating to an aerodrome the Secretary of State shall consult the relevant manager. 1. . "aerodrome" means any area of land or water designed, 4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft … An Air Navigation Order may provide for regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes and may provide that subsection (2) below shall apply to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made. 2(3)(a), 14; S.I. and (N.I.) Citation and commencement 1. 12, 17). The Civil Aviation Act 1982 was an Act of Parliament to address evolving conditions, and currently governs air flight in the UK. (6)The Secretary of State may give to the person managing a designated aerodrome such directions as the Secretary of State considers appropriate for the purpose of avoiding, limiting, or mitigating the effect of, noise and vibration connected with the taking-off or landing of aircraft at the aerodrome; and it shall be the duty of the person for the time being managing the aerodrome to comply with the directions. Nuisance caused by aircraft on aerodromes. 2, Sch. S. 76(4) extended (with modifications) (Overseas Territories) (10.10.2001) by, The Civil Aviation Act 1982 (Anguilla) Order 2019 (S.I. 10 paras. . . (f)the Secretary of State may, by a notice given in the prescribed manner to the person managing an aerodrome to which a notice under that subsection relates, determine that a particular occasion or series of occasions on which aircraft take off or land at the aerodrome shall be disregarded for the purposes of the notice under that subsection. Responsibility for air traffic control in the UK passed to NATS in the run-up to the establishment of its public-private partnership in 2001. This date is our basedate. . . . (3)Where material loss or damage is caused as aforesaid in circumstances in which—, (a)damages are recoverable in respect of the said loss or damage by virtue only of subsection (2) above, and. There may be changes and effects to this Legislation not yet recorded or applied to the text. 12, 17). No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of any Air Navigation Order and of any orders under section 62 above have been duly complied with. a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage. (5)The following supplementary provisions shall have effect for the purposes of subsection (3) above, that is to say—. 2, Sch. . Purpose of the instrument. (4)A scheme under this section may authorise or require local authorities to act as agents of the relevant manager in dealing with applications for and payments of grants and may provide for the making by the relevant manager of payments to local authorities in respect of anything done by them as such agents. The Flight Restriction Zone consists of the following three elements: - The Aerodrome Traffic Zone: A 2 or 2.5 nautical mile radius ‘cylinder’ around the aerodrome, extending 2000 ft above ground level, … The person for the time being managing an aerodrome (referred to in this section and section 78B below as the “relevant manager”) may establish and maintain a penalty scheme. 71 of 1982 - NOTE NOTE 1. F1Words in s. 76(1) omitted (19.2.2013) by virtue of Civil Aviation Act 2012 (c. 19), ss. contain such incidental or supplementary provisions as the relevant manager considers appropriate, and. A scheme under this section may authorise or require local authorities to act as agents of the relevant manager in dealing with applications for and payments of grants and may provide for the making by the relevant manager of payments to local authorities in respect of anything done by them as such agents. 1. This The penalty scheme shall afford the operator of the aircraft an opportunity to make representations to the relevant manager with respect to the matter either before or after the penalty is imposed. S.I. (2)A scheme under this section shall specify the area or areas in which buildings must be situated for the grants to be payable, and the persons to whom, the expenditure in respect of which and the rate at which the grants are to be paid, and may make the payment of any grant dependent upon compliance with such conditions as may be specified in the scheme. 76(4) extended (with modifications) (Overseas Territories) (10.10.2001) by S.I. ACT . The Borough of Fylde Civil Aviation Act 1982-3.041578 53.778168 FY4 2QY 2001-10-25 FY42QY TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk 56369 999 999 (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence thereunder committed outside India by any Person. ANS Corporation. If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the relevant manager to cancel the penalty if he considers it appropriate to do so having considered those representations. (2)In this section and section 78B below “penalty scheme” means a scheme which requires a penalty to be paid if any requirement imposed under section 78(1) above in relation to an aircraft taking off or landing at the aerodrome is not complied with. but it shall be the duty of the first-mentioned person to notify the Secretary of State in writing, within one week from its occurring, of any occasion (whether a single occasion or one of a series of occasions) to which this subsection applies. 80: Functions transferred (1.7.1999) by S.I. civil aviation act 1982 elizabeth ii 1982 chapter 16 Dec 07, 2020 Posted By Arthur Hailey Public Library TEXT ID 952b1d03 Online PDF Ebook Epub Library steven rudelius william published by mcgraw hillirwin 2010 civil aviation amendment act 1982 elizabeth ii 1982 chapter 1 dec 06 2020 posted by edgar wallace library text You Turning this feature on will show extra navigation options to go to these specific points in time. (9)If a person fails to perform any duty imposed on him by subsection (8) above the Secretary of State may, after affording him an opportunity of making representations to the Secretary of State with respect to the matter and after considering any representations then made by him—, (a)take such steps as the Secretary of State considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Secretary of State or the CAA; and. 78(9) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 68(3), C9S. 2, 1959, as amended. Marginal note: Definitions 3 (1) In this Act,. to make to the Secretary of State such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorised by the Secretary of State for the purpose to inspect the equipment on demand at any time; If a person fails to perform any duty imposed on him by subsection (8) above the Secretary of State may, after affording him an opportunity of making representations to the Secretary of State with respect to the matter and after considering any representations then made by him—, take such steps as the Secretary of State considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Secretary of State or the CAA; and. (a)prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified; (b)specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than as aforesaid) during periods so specified; (c)determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) above and, as respects each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods; and subject to subsection (4) below and paragraphs (e) and (f) of subsection (5) below it shall be the duty of the person for the time being managing the aerodrome to secure that the prohibitions or restrictions relating to the aerodrome which are imposed by the notice are complied with. 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