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Session 2005 - 06
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Civil Aviation Bill


Civil Aviation Bill

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10      

Miscellaneous provisions relating to the Air Travel Trust

(1)   

The Secretary of State must lay before Parliament a copy of every report that

he receives from the trustees of the Air Travel Trust by virtue of the terms of

the trust deed.

(2)   

No court may, by virtue of any enactment whenever passed or made, vary the

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terms of the deed establishing the Air Travel Trust unless the variation is

sought by, or with the consent of, the Secretary of State.

(3)   

In this section the “Air Travel Trust” means the trust established by that name

by a deed dated 5th January 2004 and made between the Secretary of State for

Transport and the persons described as the Original Trustees.

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Final provisions

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Scotland

(1)   

In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to Scottish

Ministers) Order 1999 (S.I. 1999/1750), in the entry relating to the Civil

Aviation Act 1982 (c. 16), for “38(2), 42(1), 50(2), 78,” substitute “38(4), 38B(2)(a)

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and (5), 42(1), 50(2), 78, 78B(1), (2) and (4),”.

(2)   

Subsection (1) does not affect the power to make further Orders varying or

omitting those references.

12      

Consequential amendments

The Schedule contains consequential amendments.

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13      

Short title, commencement and extent

(1)   

This Act may be cited as the Civil Aviation Act 2005.

(2)   

This Act comes into force on such day as the Secretary of State may appoint by

order made by statutory instrument.

(3)   

Different days may be appointed for different purposes or different areas.

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(4)   

An order under subsection (2) may make—

(a)   

such supplementary, incidental or consequential provision, or

(b)   

such transitory, transitional or saving provision,

   

as the Secretary of State considers appropriate in connection with the coming

into force of any provision of this Act.

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(5)   

Subject to subsections (6) and (7), this Act extends to the whole of the United

Kingdom.

(6)   

Section 4, and paragraphs 2 and 5 of the Schedule, extend to England and

Wales and Scotland.

(7)   

Section 5 extends to England and Wales only.

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(8)   

The power conferred by section 108(1) of the Civil Aviation Act 1982 to extend

provisions of that Act to a place outside the United Kingdom includes power

so to extend any provision of that Act (other than section 88) as amended or

inserted by this Act.

 
 

Civil Aviation Bill
Schedule — Consequential amendments

13

 

Schedule

Section 12

 

Consequential amendments

Civil Aviation Act 1982 (c. 16)

1          

The Civil Aviation Act 1982 has effect subject to the following amendments.

2          

In section 88(10) (detention and sale of aircraft for unpaid airport charges),

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in the definition of “airport charges”, after “Transport Act 2000” insert “or

penalties payable by virtue of section 38C or 78A of this Act”.

3          

In section 107(1) (provisions of Act not extending to Northern Ireland) after

“37,” insert “38A to 38C,”.

4     (1)  

Part 2 of Schedule 13 (provisions applying in relation to certain subordinate

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instruments) is amended as follows.

      (2)  

In the entry relating to section 38, for “38(2)” substitute “38(4)”.

      (3)  

After that entry insert—

 

“Section

Order specifying area in

Subject to the negative

Paragraphs 1 and 2 of

 
 

38B(2)(a)

relation to aerodrome for

resolution procedure

Part 3 apply.”

 

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purpose of noise control

   
  

schemes

   

      (4)  

After the entry relating to section 71 insert—

 

“Section 71A

Regulations requiring

Subject to the negative

Paragraphs 1 and 2 of

 
  

persons to make

resolution procedure

Part 3 apply.”

 

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contributions to the Air

   
  

Travel Trust

   

Airports Act 1986 (c. 31)

5          

In section 36(1) of the Airports Act 1986 (interpretation of Part 4), in

paragraph (a) of the definition of “airport charges”, after “(charges for

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services)” insert “and penalties payable by virtue of sections 38C and 78A of

the Civil Aviation Act 1982”.

 

 

 
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Revised 9 June 2005