(3)If the Secretary of State considers it 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 a designated aerodrome, to prohibit aircraft from taking off or landing, or limit the number of occasions on which they may take off or land, at the aerodrome during certain periods, he may by a notice published in the prescribed manner do all or any of the following, that is to say—. 79(1): Functions transferred (S.) (1.7.1999) by S.I. If the Secretary of State considers it 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 a designated aerodrome, to prohibit aircraft from taking off or landing, or limit the number of occasions on which they may take off or land, at the aerodrome during certain periods, he may by a notice published in the prescribed manner do all or any of the following, that is to say—. 168), C6S. long time to run. 2, Schs. See how this legislation has or could change over time. 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 (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. EnviroLeg AVIATION Act p 1 AVIATION ACT . 1. Designation of aerodromes for purposes of ss. Halsbury's Statutes, 2(3)(b), 14; S.I. 2019/756), The Air Navigation Order 2005 (S.I. 2(2), 14; S.I. 10 paras. paid to the relevant manager by the operator of the aircraft in question. (1)The Secretary of State may by a notice published in the prescribed manner provide that it shall be the duty of the person who is the operator of an aircraft which is to take off or land at a designated aerodrome to secure that, after the aircraft takes off or, as the case may be, before it lands at the aerodrome, such requirements as are specified in the notice are complied with in relation to the aircraft, being requirements appearing to the Secretary of State to be appropriate for the purpose of limiting or of mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome. Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft. 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. THE CIVIL AVIATION ACT Acts 19 of 1966, 36 of 1974 []st hlne. However, Courts of Law will refer only to the source regulatory material. (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. (b)any body appearing to him to be representative of operators of aircraft using the aerodrome in question. Where material loss or damage is caused as aforesaid in circumstances in which—, damages are recoverable in respect of the said loss or damage by virtue only of subsection (2) above, and. 12, 17). Geographical Extent: recover in any court of competent jurisdiction from the person aforesaid any expense attributable to the taking of those steps which is incurred by the Secretary of State from time to time; be guilty of an offence and liable on summary conviction to a fine, not exceeding level 5 on the standard scale; and, if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and liable, on summary conviction to a fine not exceeding, 10% of the greater of £5,000 or level 4 on the standard scale. . be amended or revoked by the relevant manager. ANS Corporation. Amendment of the Civil Aviation Act 1982 2. The Act offers a package of reforms to make regulation flexible, proportionate, targeted and effective. The Civil Aviation Act 1982 provides for a salvage lien on an aircraft where “any services are rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in or over the sea or any tidal water, or on or over the shores or any tidal waters”, according to the national and international regulatory framework of the law of maritime salvage. Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft. Show Timeline of Changes: 2007/598 (C. 25)) was made under section 14(3).. References. . C4S. 1, (1)The Secretary of State may direct a specified relevant manager—. This 2. (1)Save in such circumstances as may be prescribed, no aircraft while in the air over any part of the United Kingdom shall be used, whether wholly or partly for emitting or displaying any advertisement or other communication in such a way that the advertisement or communication is audible or visible from the ground. 1, 2, Sch. (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. 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. 80: Functions transferred (1.7.1999) by S.I. Short title, extent, application and commencement.—(1) This Act may be called the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982. short title. ACT . 1, F5Words in s. 78(9)(ii) substituted (E.W.) may also experience some issues with your browser, such as an alert box that a script is taking a 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—, in the case of a first conviction of an offence under this section, to a fine not exceeding, in any other case, to a fine not exceeding, Words substituted (S.)for “£100”and “£200”by virtue of, The Civil Aviation Act 1982 (Anguilla) Order 2019 (S.I. Civil Aviation Act 1982, Cross Heading: Trespass by aircraft and aircraft nuisance, noise, etc. 2007/598, art. 2019/756), arts. Part I — Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. 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. 76(1)-(3) extended (Anguilla) (with modifications) (8.5.2019) by The Civil Aviation Act 1982 (Anguilla) Order 2019 (S.I. Use this menu to access essential accompanying documents and information for this legislation item. aerodrome. Drones, frequently referred to as “small unmanned aircraft” in the UK, or unmanned aerial vehicles (UAVs), are a rapidly emerging technology that has gained considerable popularity over the past few years. . Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. (7)In this section “local authorities” in relation to England F8. It is edited by the Isle of Man Civil Aviation Administration. (5)The following supplementary provisions shall have effect for the purposes of subsection (3) above, that is to say—. Act you have selected contains over 2, Sch. Regulation of noise and vibration from aircraft. 2005/1970), 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. 12, 17). 77(2) applied (20.8.2005) by The Air Navigation Order 2005 (S.I. (ii)if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and liable [F4on summary conviction to a fine not exceeding [F510% of level 5 on the standard scale] [F510% of the greater of £5,000 or level 4 on the standard scale]] . This date is our basedate. For further information see the Editorial Practice Guide and Glossary under Help. You 1999/1750, art. 2, Sch. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)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 F1.... (2)Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of 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. 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. 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. Act you have selected contains over 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. it shall be the duty of the Secretary of State, before he makes a determination in respect of an aerodrome in pursuance of paragraph (c) of that subsection, to consult any body appearing to him to be representative of operators of aircraft using the aerodrome; a notice uinder that subsection may make, in relation to a designated aerodrome, provision as respects any period notwithstanding that the period is included in or that there is included in the period, any other period as respects which provision relating to the aerodrome is made by the notice or by another notice under that subsection; if it appears to the Secretary of State that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then, without prejudice to the powers exercisable by virtue of that subsection by the person managing the relevant aerodrome, any person authorised by the Secretary of State for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land; if it appears to a person authorised for the purpose by the person for the time being managing the relevant aerodrome that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of that subsection, then without prejudice to paragraph (c) above, or the powers mentioned therein, the first-mentioned person, or a person authorised by him for the purpose, may detain the aircraft for such period as the first-mentioned person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land; nothing in that subsection requires a person managing an aerodrome to prevent an aircraft from landing at the aerodrome; and. 2 Commencement (b) the liability imposed on a carrier by section 29 of the Civil Aviation (Carriers' Liability) Act 1959 in respect of an occurrence that took place before the date of commencement of this section.----- -- Civil Aviation (Carriers' Liability) Amendment Act 1982 No. (6)Before making a scheme under this section relating to an aerodrome the Secretary of State shall consult the relevant manager. the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. No versions before this date are available. . Direction to establish, amend or revoke penalty scheme, The Secretary of State may direct a specified relevant manager—. They are covered under a patchwork of English laws, including aviation laws, which are regulated by the Civil Aviation Authority (CAA). Before making a scheme under this section relating to an aerodrome the Secretary of State shall consult the relevant manager. The Aviation Security Act 1982 is an Act of Parliament of the United Kingdom Parliament which covers offences against the safety of aircraft; protection of aircraft, aerodromes, and air navigation installations against acts of violence; policing of airports; and funding. There are currently no additional references that you need to check. (b)be amended or revoked by the relevant manager. 200 provisions and might take some time to download. These Regulations may be cited as the Civil Aviation Act 1982 (Amendment) (EU Exit) Regulations 2018 and they come into force on exit day. 1. . In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 2, Sch. A statutory instrument containing a scheme under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of an Air Navigation Order, as long as the provisions of any such Order are duly complied with. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) For further information see ‘Frequently Asked Questions’. (4)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—, (a)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. 1996/76). 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