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STATUTORY INSTRUMENTS

2001 No. 4050
CIVIL AVIATION
The Transport Act 2000 (Consequential Amendments) Order 2001

	Made	20th December 2001
	Coming into force	21st December 2001

Whereas a draft of this Order has been laid before Parliament and approved by each House of Parliament in pursuance of section 277(3) of the Transport Act 2000[1].

     Now, therefore, the Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by section 277(1) of that Act hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Transport Act 2000 (Consequential Amendments) Order 2001 and shall come into force on 21st December 2001.

Consequential amendments
     2. The enactments specified in the Schedule hereto are hereby amended as specified in that Schedule.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

David Jamieson
Parliamentary Under-Secretary of State, Department for Transport, Local Government and the Regions

20th December 2001

SCHEDULEArticle 2

PART I
CONSEQUENTIAL AMENDMENTS RELATING TO AVIATION
Aviation Security Act 1982
     1. In section 38 of the Aviation Security Act 1982[2] (interpretation etc.) in subsection (2)(b) for "the manager of an aerodrome" there shall be substituted "the person".

PART II
CONSEQUENTIAL AMENDMENTS RELATING TO STATUTORY AND OTHER UNDERTAKERS
Welsh Development Agency Act 1975
     2. In section 27 of the Welsh Development Agency Act 1975 (interpretation)[3] -

Local Government (Miscellaneous Provisions) Act 1976
3. In section 15 of the Local Government (Miscellaneous Provisions) Act 1976 (power of local authorities to survey land which they propose to acquire compulsorily)[4] -

Highways Act 1980

4. In the Highways Act 1980[5] -

6

7

8

Acquisition of Land Act 1981

5.

9

10

11

Civil Aviation Act 1982

6. In section 105 of the Civil Aviation Act 1982 (general interpretation)[12] -

Building Act 1984

7. In the Building Act 1984[13] -

" or

(b) in section 59 (drainage of a building) -

Water Industry Act 1991

8.

14

" ; or

(c) in subsection (4) -

" ; and

"licence holder" means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and "licence" shall be construed accordingly.".

Countryside and Rights of Way Act 2000

9.

15

Town and Country Planning (Control of Advertisements) Regulations 1992

10. In the Town and Country Planning (Control of Advertisements) Regulations 1992[16] in regulation 2 (interpretation) -

Town and Country Planning (Trees) Regulations 1999

11. In the Town and Country Planning (Trees) Regulations 1999[17] in the Schedule (form of tree preservation order) in paragraph 5 (exemptions) in sub-paragraph (2) for "or a body acting on behalf of that Authority" there shall be substituted ", a body acting on behalf of that authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000".

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000

12.

18

PART III

CONSEQUENTIAL AMENDMENTS RELATING TO TOWN AND COUNTRY PLANNING
Town and Country Planning Act 1990
13. In the Town and Country Planning Act 1990[

19

(b) in section 265 (meaning of "the appropriate Minister") in subsection (1)(d)[20] for "or the Civil Aviation Authority," there shall be substituted ", the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),".

Town and Country Planning (General Permitted Development) Order 1995

14. In the Town and Country Planning (General Permitted Development) Order 1995[21] in Schedule 2 (permitted development) in Part 18 (aviation development) -

Class B Air traffic services development at an airport

Permitted development

B.

The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.

Class C Air traffic services development near an airport

Permitted development
C. The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with the provision of air traffic services.

Development not permitted
C.1 Development is not permitted by Class C if -

(c) the content of Class D shall be substituted by -

Class D Development by an air traffic services licence holder within an airport

Permitted development
D. The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.

Class E Development by an air traffic services licence holder on operational land

Permitted development

E.

The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.

Development not permitted

E.1

(e) the content of Class F shall be substituted by -

Class F Development by an air traffic services licence holder in an emergency

Permitted development
F.1 The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.

Condition

F.1 Development is permitted by Class F subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.";

Class G Development by an air traffic services licence holder involving moveable structures

Permitted development

G. The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

Condition

G.1 Development is permitted by Class G subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer."; and

" "air traffic services" has the same meaning as in section 98 of the Transport Act 2000 (air traffic services);

"air traffic services licence holder" means a person who holds a licence under Chapter I of Part I of the Transport Act 2000;".

PART IV
CONSEQUENTIAL AMENDMENTS RELATING TO DISCLOSURE
Consumer Credit Act 1974
     15. In section 174 of the Consumer Credit Act 1974 (restrictions on disclosure of information)[22] in subsection (3)(a) after "the Gas (Northern Ireland) Order 1996" there shall be inserted "or Part I of the Transport Act 2000".

Estate Agents Act 1979
     16. In section 10 of the Estate Agents Act 1979 (restriction on disclosure of information)[23] in subsection (3)(a) after "the Competition Act 1998" there shall be inserted "or Part I of the Transport Act 2000".

Telecommunications Act 1984
     17. In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information)[24] -

Airports Act 1986

18. In section 74 of the Airports Act 1986 (restriction on disclosure of information)[25] in subsection (3) after paragraph (p) there shall be inserted -

Consumer Protection Act 1987

19. In section 38 of the Consumer Protection Act 1987 (restrictions on disclosure of information)[26] in subsection (3) after paragraph (p) there shall be inserted -

Water Act 1989

20. In section 174 of the Water Act 1989 (general restrictions on disclosure of information)[27] in subsection (3) after paragraph (ll) there shall be inserted -

Water Industry Act 1991

21. In Schedule 15 to the Water Industry Act 1991 (disclosure of information)[28] in Part II (enactments etc in respect of which disclosure may be made) immediately after the entry relating to "The Competition Act 1998" there shall be inserted the following entry -

" Part I of the Transport Act 2000.".

Water Resources Act 1991
22. In Schedule 24 to the Water Resources Act 1991 (disclosure of information)[29] in Part II (enactments etc in respect of which disclosure may be made) immediately after the entry relating to "The Competition Act 1998" there shall be inserted the following entry -

" Part I of the Transport Act 2000.".

Railways Act 1993
23. In section 145 of the Railways Act 1993 (general restrictions on disclosure of information)[30]in subsection (3) after paragraph (qq) there shall be inserted -

Coal Industry Act 1994

24. In section 59 of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)[31] in subsection (3) after paragraph (d) and before the word "and" there shall be inserted -

Utilities Act 2000
25. In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information)[32] in subsection (6) after paragraph (q) there shall be inserted -

PART V
CONSEQUENTIAL AMENDMENTS TO THE CIVIL AVIATION ACT 1982
Civil Aviation Act 1982
26. In the Civil Aviation Act 1982[33] -

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the enactments specified in the Schedule, which relate to aviation security, statutory undertakers, town and country planning, disclosure and civil aviation, in consequence of the provisions of Part I of the Transport Act 2000 ("the Act").

In so far as relevant the main effects of Part I of the Act are that a person to whom a licence under that Part is granted ("a licence holder") is to provide air traffic services and the Civil Aviation Authority ("the CAA") is to regulate the provision of those services. The provision of such services as comprise air traffic services was formerly the responsibility of the CAA and the CAA remains responsible for the performance of air navigation functions.

Paragraph 1 of the Schedule amends section 38 of the Aviation Security Act 1982 so that for the purposes of that Act the authority responsible for an air navigation installation is the person (who may be a licence holder) providing that installation or by whom such installation is wholly or mainly used.

Paragraphs 2, 4 to 6 and 9 to 12 of the Schedule amend legislation for the purposes of which the CAA is a statutory undertaker and make a licence holder a statutory undertaker for the purposes of that legislation to the extent that he is carrying out activities authorised by the licence. Paragraphs 3, 7 and 8 amend legislation whereby the CAA enjoys rights in relation to the carrying out of its functions otherwise than by being a statutory undertaker for the purposes of that legislation. The amendments provide that a licence holder shall enjoy similar rights to the extent that he is carrying out activities authorised by the licence.

Paragraph 13 of the Schedule amends sections 264 and 265 of the Town and Country Planning Act 1990. Section 264 is amended to provide that the section does not apply for the purposes of determining whether land in which an interest is held by a licence holder is, in relation to him, operational land for the purposes of that Act. The amendment to section 265 provides that in relation to a licence holder "the appropriate Minister" means the Secretary of State for Transport, Local Government and the Regions.

Paragraph 14 of the Schedule amends the Town and Country Planning (General Permitted Development) Order 1995 to provide that:

Paragraphs 15 to 25 of the Schedule amend legislation which provides that information obtained thereunder may be disclosed to specified persons and bodies for specified purposes. The amendments provide that information obtained under such legislation may be disclosed to the CAA for the purposes of its functions under Part I of the Act.

Paragraph 26 of the Schedule amends the Civil Aviation Act 1982 in consequence of the repeal of sections 62, 63 and 72 to 74 thereof.

Notes:

[1] 2000 c. 38.back

[6] Section 254(6A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(8)(b).back

[7] Section 290(9A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(9)(b).back

[8] Paragraph 3(3A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 49(11)(b).back

[9] 1981 c. 67.back

[10] Section 8(1A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 54(2)(b).back

[11] Section 32(8) was amended by the Civil Aviation Act 1982 (c. 16), section 109 and Schedule 15, paragraph 27.back

[12] 1982 c. 16; section 105(1) was amended by the Transport Act 2000 (c. 38), Schedule 4, paragraphs 1 and 14; section 105(1A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 56(3).back