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| Land. |
36. Schedule 4 gives licence holders powers in relation to land.
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| Licence holders as statutory undertakers. |
37. Schedule 5 contains provisions treating licence holders as statutory undertakers.
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| Directions in interests of national security etc. |
38. - (1) The Secretary of State may give to a licence holder or to licence holders generally such directions of a general character as he thinks are necessary or expedient-
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(a) in the interests of national security, or |
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(b) in the interests of encouraging or maintaining the United Kingdom's relations with another country or territory. |
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(2) The Secretary of State may give to a licence holder a direction requiring it to do or not to do a particular thing, if the Secretary of State thinks it necessary or expedient to give the direction in the interests of national security.
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(3) The Secretary of State may give to a licence holder a direction requiring it-
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(a) to do or not to do a particular thing in connection with anything authorised by the licence, or |
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(b) to secure that a particular thing is done or not done in connection with anything authorised by the licence,
if the Secretary of State thinks it necessary or expedient to give the direction in order to discharge or facilitate the discharge of an international obligation of the United Kingdom. |
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(4) In so far as a direction under this section conflicts with the requirements of section 81, the direction is to be disregarded.
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(5) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 81, the requirements are to be disregarded.
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(6) Before giving a direction under this section to a particular licence holder (as opposed to licence holders generally) the Secretary of State must consult it.
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(7) The Secretary of State must send a copy of a direction under this section to the CAA.
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(8) The Secretary of State must lay before each House of Parliament a copy of a direction under this section unless he thinks its disclosure is against the interests of national security or the interests of the United Kingdom's relations with another country or territory or the commercial interests of any person.
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(9) A person must not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done by virtue of this section if the Secretary of State notifies him that he thinks disclosure is against the interests of national security or the interests of the United Kingdom's relations with another country or territory or the commercial interests of any person (other than the person notified).
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(10) A person commits an offence if-
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(a) without reasonable excuse he contravenes or fails to comply with a direction under this section, or |
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(b) he makes a disclosure in contravention of subsection (9). |
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(11) A person who commits an offence under this section is liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. |
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Interpretation |
| Interpretation. |
39. - (1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter-
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(b) condition of a licence; |
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(g) manager of an aerodrome. |
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(2) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
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(3) These are managed areas-
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(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services. |
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(4) An exemption is an exemption under this Chapter.
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(5) A licence is a licence under this Chapter, and references to a licence holder must be construed accordingly.
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(6) A condition of a licence is a provision of the licence which is expressed as a condition.
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