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CHAPTER III |
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AIR NAVIGATION |
| Air navigation: directions. |
64. - (1) The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in the United Kingdom.
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(2) References in this section to the CAA's air navigation functions are to the functions which the CAA is to perform in pursuance of directions under subsection (1).
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(3) The Secretary of State may nominate a member of the CAA for the purposes of this section, and a person so nominated must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify.
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(4) The following provisions are not to apply to the CAA's air navigation functions-
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(a) section 7(1) of the Civil Aviation Act 1982 (Secretary of State's power to prescribe functions not to be performed by a person on CAA's behalf); |
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(b) paragraph 15 of Schedule 1 to that Act (CAA's power to authorise a person to perform functions on its behalf). |
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(5) Subsection (6) applies if-
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(a) a person (the nominee) is nominated under subsection (3), |
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(b) there is a difference of opinion between the nominee and the CAA regarding any matter, |
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(c) the nominee thinks that the matter concerns or has implications for the CAA's air navigation functions, and |
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(d) the nominee thinks that if the CAA's opinion prevailed it could have an effect contrary to the interests of national security. |
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(6) In such a case-
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(a) the CAA must refer the matter to the Secretary of State, and |
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(b) after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit. |
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(7) A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection; and while such an authorisation is effective references in subsection (5)(b) to (d) to the nominee are to the person authorised.
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(8) A scheme or regulations under section 11 of the Civil Aviation Act 1982 may make provision for charges in respect of the CAA's air navigation functions; and subsection (7) of that section is to have effect subject to this.
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| Directions: supplementary. |
65. - (1) In so far as a direction under section 64(1) or (6) conflicts with the requirements of section 81, the direction is to be disregarded.
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(2) In so far as a direction under section 64(1) or (6) conflicts with the requirements of an enactment or instrument other than section 81, the requirements are to be disregarded.
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(3) If a direction is given under section 64(1) the CAA-
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(a) must publish the direction in such manner as may be specified in regulations made by the Secretary of State; |
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(b) must set out the direction in the report made under section 21 of the Civil Aviation Act 1982 (annual report) for the accounting year in which the direction is given. |
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(4) If a direction is given under section 64(6) the CAA-
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(a) must set out the direction in the report made under section 21 of the Civil Aviation Act 1982 for the accounting year in which the direction is given, but |
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(b) must exclude a direction or part of a direction as to which the Secretary of State notifies the CAA that in his opinion it is against the national interest to set it out in the report. |
