Civil Aviation Act 1982

Part I U.K. Administration

The Secretary of StateU.K.

1 Functions of Secretary of State.U.K.

(1)The Secretary of State shall continue to be charged with the general duty of organising, carrying out and encouraging measures for—

(a)the development of civil aviation;

(b)the designing, development and production of civil aircraft;

(c)the promotion of safety and efficiency in the use thereof; and

(d)research into questions relating to air navigation.

(2)Subsection (1) above shall not authorise the production of civil aircraft by the Secretary of State.

(3)The acquisition and disposal of aircraft, aero-engines and aviation equipment in discharge of the Secretary of State’s duty under subsection (1) above shall be subject to the approval of the Treasury.

Constitution and functions of CAAU.K.

2 Constitution of CAA.U.K.

(1)There shall continue to be a body corporate called the Civil Aviation Authority (in this Act referred to as “the CAA”), which shall be constituted in accordance with the following provisions of this section.

(2)The CAA shall consist of not less than six nor more than [F1sixteen] persons appointed by the Secretary of State to be members of the CAA, and the Secretary of State—

(a)shall appoint one member to be the chairman of the CAA; and

(b)may appoint not more than two other members to be deputy chairmen of the CAA.

(3)Schedule 1 to this Act shall have effect with respect to the CAA.

(4)It is hereby declared that the CAA is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of, or held on behalf of, the Crown.

3 Functions of CAA.U.K.

The functions of the CAA shall be—

(a)the functions conferred on it by the following provisions of this Part of this Act;

(b)the functions conferred on it by or under this Act with respect to the licensing of air transport, the licensing of the provision of accommodation in aircraft, the provision of air navigation services, the operation of aerodromes and the provision of assistance and information;

(c)such functions as are for the time being conferred on it by or under Air Navigation Orders with respect to the registration of aircraft, the safety of air navigation and aircraft (including airworthiness), the control of air traffic, the certification of operators of aircraft and the licensing of air crews and aerodromes;

(d)such other functions as are for the time being conferred on it by virtue of this Act or any other enactment;

and nothing in this Act relating to the CAA shall be construed as derogating from any power exercisable by virtue of any enactment whatsoever (including an enactment contained in this Act) to make an Order in Council or other instrument conferring a function on the CAA.

Regulation of performance by CAA of its functionsU.K.

4 General objectives. U.K.

(1)It shall be the duty of the CAA to perform the functions conferred on it otherwise than by this section in the manner which it considers is best calculated—

(a)to secure that British airlines provide air transport services which satisfy all substantial categories of public demand (so far as British airlines may reasonably be expected to provide such services) at the lowest charges consistent with a high standard of safety in operating the services and an economic return to efficient operators on the sums invested in providing the services and with securing the sound development of the civil air transport industry of the United Kingdom; and

(b)to further the reasonable interests of users of air transport services.

(2)In subsection (1) above “British airline” means an undertaking having power to provide air transport services and appearing to the CAA to have its principal place of business in the United Kingdom, the Channel Islands or the Isle of Man and to be controlled by persons who either are United Kingdom nationals or are for the time being approved by the Secretary of State for the purposes of this subsection.

[F2(3)The duty mentioned in subsection (1) above does not apply in relation to anything done by the CAA in the performance of functions mentioned in subsection (3) of section 86 of the Transport Act 2000 which, by virtue of that section, are concurrent functions of the CAA and the Director General of Fair Trading.

(4)However, when performing such a function the CAA may have regard to any matter in respect of which a duty is imposed by subsection (1) above if it is a matter to which the Director General of Fair Trading could have regard when performing that function.]

5 Duty of CAA to consider environmental factors when licensing certain aerodromes.U.K.

(1)Subject to section 4 above, it shall be the duty of the CAA, in exercising any aerodrome licensing function in relation to any aerodrome to which this section applies, to have regard to the need to minimise so far as reasonably practicable—

(a)any adverse effects on the environment, and

(b)any disturbance to the public,

from noise, vibration, atmospheric pollution or any other cause attributable to the use of aircraft for the purpose of civil aviation.

(2)The reference in subsection (1) above to an aerodrome licensing function of the CAA is a reference to any function conferred on it by or under an Air Navigation Order with respect to the licensing of aerodromes.

(3)This section applies to any aerodrome in the United Kingdom specified in an order made by the Secretary of State for the purposes of this section; but the Secretary of State may not specify in any such order an aerodrome which is designated for the purposes of section 78 below.

6 Secretary of State’s directions in national interest, etc.U.K.

(1)Without prejudice to subsection (2)(a) below, the Secretary of State may, after consultation with the CAA, give it such directions of a general character as to the performance of its functions as he thinks it appropriate to give in the interests of national security; F3. . ..

(2)The Secretary of State may, after consultation with the CAA, give it directions to do a particular thing which it has power to do or refrain from doing a particular thing, if the Secretary of State considers it appropriate to give such directions—

(a)in the interests of national security; or

(b)in connection with any matter appearing to him to affect the relations of the United Kingdom with a country or territory outside the United Kingdom; or

(c)in order to discharge or facilitate the discharge of an obligation binding on the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement; or

(d)in order to attain or facilitate the attainment of any other object the attainment of which is in his opinion appropriate in view of the fact that the United Kingdom is a member of an international organisation or a party to an international agreement; or

(e)in order to enable the United Kingdom to become a member of an international organisation or a party to an international agreement; or

(f)in order to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;

F3. . .

[F4(3)In so far as any directions given under this section conflict with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the directions shall be disregarded.

(4)In so far as any directions given under this section conflict with the requirements of any enactment or instrument relating to the CAA (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) the requirements shall be disregarded.]

7 Special provisions as respects certain functions.U.K.

(1)Such functions of the CAA as may be prescribed for the purposes of this subsection shall not be performed on behalf of the CAA by any other person; and regulations made by the Secretary of State may provide that for the purpose of performing a function prescribed in pursuance of this subsection the quorum of the CAA shall be such as may be prescribed.

(2)Regulations made by the Secretary of State may provide for regulating the conduct of the CAA and other persons, including the procedure to be followed by them, in connection with the performance by the CAA of such of its functions as may be prescribed for the purposes of this subsection; and, without prejudice to the generality of the preceding provisions of this subsection, regulations made in pursuance of this subsection may include provision—

(a)requiring or entitling the CAA, notwithstanding any rule of law, to withhold from any person (hereafter in this paragraph referred to as “the prospective recipient”) information which is furnished to the CAA by another person in connection with any function so prescribed and which in the opinion of the CAA relates to the commercial or financial affairs of the other person and cannot be disclosed to the prospective recipient without disadvantage to the other person which, by comparison with the advantage to the public and the prospective recipient of its disclosure to him, is unwarranted;

(b)for the imposition on summary conviction of a fine of an amount not exceeding [F5level 3 on the standard scale] for any contravention of the regulations.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions in relation to CAAU.K.

8 General financial duties.U.K.

(1)It shall be the duty of the CAA so to conduct its affairs as to secure that its revenue (including any grant towards revenue made to it in pursuance of section 12(1) below is not less than sufficient to meet charges properly chargeable to revenue account, taking one year with another.

(2)Subject to subsection (3) below, it shall be the duty of the CAA—

(a)in framing and carrying out proposals involving substantial outlay on capital account, and

(b)in framing and carrying out proposals involving the taking on hire of any equipment the purchase of which at the time of taking on hire would involve such an outlay,

to act on lines settled from time to time with the approval of the Secretary of State; and it shall also be the duty of the CAA to secure that any subsidiary of the CAA acts on those lines in framing and carrying out either description of proposals.

(3)Subsection (2)(b) above shall not apply to proposals by the CAA, or one of its subsidiaries, involving the taking on hire of equipment from a subsidiary or another of the subsidiaries of the CAA or from the CAA itself, as the case may be.

(4)The Secretary of State may, with the approval of the Treasury, give the CAA a direction as to any matter relating to the establishment or management of reserves or the carrying of sums to the credit of any reserves or the application of any reserves for the purposes of the CAA.

9 The initial debt.U.K.

(1)In this Act “the initial debt” means the debt which was assumed by the CAA on 16th November 1973 under section 7 of the M1Civil Aviation Act 1971 as a debt to the Secretary of State and which was subsequently reduced under subsection (5) of that section to £27,073,104.

(2)The rate of interest payable on the initial debt, the arrangements for paying off the principal and the other terms of the debt shall be such as the Secretary of State may from time to time determine with the approval of the Treasury.

(3)Any sums received by the Secretary of State by way of interest on or repayment of the initial debt shall be paid into the National Loans Fund.

10 Borrowing powers.U.K.

(1)Subject to the following provisions of this section, the CAA shall have power to borrow such sums as it may require for performing its functions.

(2)The CAA’s power to borrow sums in sterling otherwise than by way of temporary loan shall be limited to borrowing from the Secretary of State, or with the consent of the Secretary of State from the Commission of the European Communities or the European Investment Bank, any sums which the CAA may require for capital purposes or for fulfilling a guarantee entered into by the CAA.

(3)Except as provided by subsection (2) above, the CAA may borrow any sums it has power to borrow under subsection (1) above from the Secretary of State or, with the consent of, or in accordance with a general authorisation given by, the Secretary of State, from any other person (and whether in sterling or in a currency other than sterling).

(4)The Secretary of State shall not give any consent or authorisation for the purposes of subsection (2) or (3) above except with the approval of the Treasury.

(5)A statement in writing by the Secretary of State to the effect that the approval of the Treasury has been given for any such consent or authorisation shall be conclusive evidence of that fact in any legal proceedings.

(6)The aggregate amount outstanding in respect of the principal of any money borrowed by the CAA under this section and the initial debt shall not exceed [F7£500 million or such greater sum not exceeding £750 million as may from time to time be specified by an order made by the Secretary of State; but no such order shall be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.]

[F8(7)In subsection (3) above the reference to a currency other than sterling includes a reference to units of account defined by reference to more than one currency.]

11 Charges.U.K.

(1)The CAA may, after consultation with the Secretary of State, make a scheme for determining the charges which are to be paid to the CAA in respect of the performance of such of its functions as are specified in the scheme; and a scheme under this section may as respects any of those functions—

(a)specify the amount of the charge or a scale of charges by reference to which that amount is to be ascertained or provide that the charges shall be of such amount, not exceeding that specified in the scheme, as may be decided by the CAA, having regard to the expense incurred by the CAA in performing the function in question and to such other factors (if any) as may be so specified;

(b)provide for different charges for cases of such different descriptions as may be so specified;

(c)specify the manner in which, the time at which and the person by whom any charge is to be paid.

(2)A scheme under this section shall come into force on such day as may be specified in the scheme, not being earlier than the expiration of the period of sixty days beginning with the day on which the scheme is published in the prescribed manner; and a scheme made under this section may vary or revoke a previous scheme so made.

(3)Regulations made by the Secretary of State may make provision for determining the charges which are to be paid to the CAA, or for securing that no charge is payable to the CAA, in respect of such of its functions as may be prescribed; and regulations for determining the said charges may—

(a)prescribe the amount of a charge or the maximum or minimum amount of a charge or a scale of charges by reference to which those amounts are to be ascertained;

(b)prescribe the manner in which, the time at which and the person by whom a charge is to be paid.

(4)In so far as a scheme and regulations under this section make different provision with respect to the same matter the provision made by the scheme shall be disregarded.

(5)Where as respects any function of the CAA provision for a charge to be paid is made by virtue of this section it shall be the duty of the CAA to charge accordingly, except that it may, if it thinks fit to do so in a particular case, waive the whole or part of the charge.

(6)Nothing in the preceding provisions of this section shall be construed as derogating from the power of the CAA to enter into an agreement for the payment to it of charges of such amounts as may be determined in pursuance of the agreement in respect of the performance by it of any of its functions, other than a function in respect of which provision is made in pursuance of those provisions for the making of a charge or of no charge.

(7)Charges shall not be determined in pursuance of this section in respect of the provision of air navigation services; and provision shall not be made by or under an Air Navigation Order for the payment of fees to the CAA.

12 Grants and loans by Secretary of State.U.K.

(1)The Secretary of State may—

(a)make the CAA grants of such amounts as he thinks fit;

(b)give the CAA a direction providing that the whole or part of a grant made in pursuance of paragraph (a) above is not to be used by the CAA otherwise than for the purposes of such of the CAA’s functions as are specified in the direction.

(2)The Secretary of State may, with the approval of the Treasury, lend the CAA any sums which the CAA has power to borrow from him by virtue of section 10 above.

(3)Any loan which the Secretary of State makes in pursuance of subsection (2) above shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as the Secretary of State may with the approval of the Treasury from time to time determine.

(4)The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of subsection (2) above; and any sums received by the Secretary of State in pursuance of subsection (3) above shall be paid into that Fund.

13 Payments to Secretary of State.U.K.

(1)Any excess of the revenues of the CAA for any accounting year over the total sums properly chargeable by the CAA to revenue account for that year shall be applied by the CAA in such manner as the Secretary of State may direct with the approval of the Treasury and after consultation with the CAA; and the direction may require the whole or part of the excess to be paid to the Secretary of State.

(2)The Secretary of State may, with the approval of the Treasury and after consultation with the CAA, direct the CAA to pay to the Secretary of State the whole or part of the sums for the time being standing to the credit of any of its reserves.

14 Guarantees.U.K.

(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of, [F9the payment of interest on and the discharge of any other financial obligation in connection with], any sums which the CAA borrows from a person other than the Secretary of State.

(2)Immediately after a guarantee is given under this section the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given the Treasury shall, as soon as possible after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(3)Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.

(4)If any sums are issued in fulfilment of a guarantee given under this section, the CAA shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rate as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

15 Accounts and audit.U.K.

(1)It shall be the duty of the CAA—

(a)to keep proper accounts and proper records in relation to the accounts;

(b)to prepare in respect of each accounting year a statement of accounts, in such form as the Secretary of State may direct with the approval of the Treasury, showing the state of affairs and the profit or loss of the CAA; and

[F10(c)as soon as the accounts kept and statement prepared have been audited in accordance with the following subsection, to send to the Secretary of State a copy of the statement together with a copy of any report made by the auditors on that statement or on the accounts of the CAA.]

[F11(2)(a)The accounts kept and the statement prepared in pursuance of subsection (1) above shall be audited by auditors appointed annually by the Secretary of State after consultation with the CAA; and a person[F12 shall not be so appointed unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989] —

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants of Scotland;

• the Association of Certified Accountants;

• the Institute of Chartered Accountants in Ireland;

• any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of [F13section 389(1)(a) of the Companies Act 1985] by the Secretary of State,

but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.

(b)It shall be the duty of the Secretary of State to lay before each House of Parliament a copy of every statement and report of which a copy is received by him in pursuance of paragraph (c) of subsection (1) above.]

(3)The Secretary of State may by order made with the consent of the treasury modify or repeal subsections (1)(c) and (2) above as for the time being in force.

(4)It shall be the duty of the Secretary of State as respects each financial year—

(a)to prepare, in such form and manner as the Treasury may direct, an account of sums issued to the Secretary of State in pursuance of subsection (4) of section 12 above and of any sums required to be paid into the National Loans Fund in pursuance of that subsection or section 9 above or received by the Secretary of State in pursuance of section 13 above and of the disposal by the Secretary of State of those sums respectively; and

(b)to send a copy of the account to the Comptroller and Auditor General not later than the end of the month of November next following that year;

and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report on it before each House of Parliament.

Assistance, information, etc. to be given by CAAU.K.

16 Provision by CAA of assistance, etc. for Secretary of State and others.U.K.

(1)Subject to subsection (3) below, it shall be the duty of the CAA to provide such assistance and advice as the Secretary of State may require it to provide for him or any other person in connection with any of the Secretary of State’s functions relating to civil aviation.

(2)Without prejudice to subsection (1) above, it shall also be the duty of the CAA—

(a)to consider what aerodromes are in its opinion likely to be required from time to time in the United Kingdom in addition to, or in place of, or by way of alteration of, existing aerodromes; and

(b)to make recommendations to the Secretary of State arising out of its consideration of that matter;

and it shall be the duty of the Secretary of State to publish the recommendations (except any of them of which the publication appears to him unnecessary) in such manner as he considers appropriate for bringing them to the notice of the public.

(3)Where in pursuance of subsection (1) above the Secretary of State requires the CAA to provide assistance or advice for a person other than the Secretary of State but does not undertake to pay the CAA the cost of doing so, the CAA shall be entitled to refuse to do so until the other person pays it—

(a)in so far as provision is made in pursuance of section 11 above for charges in respect of the assistance or advice, those charges; and

(b)in so far as provision is not so made, such reasonable charges in respect of the assistance or advice as it may determine.

(4)The CAA shall be entitled to recover from the Secretary of State a sum equal to any expense reasonably incurred by it in providing him with assistance or advice in pursuance of subsection (1) above and in performing the duty imposed on it by subsection (2) above.

(5)Without prejudice to subsection (1) above, the CAA may provide for any person technical assistance and advice, including research services, with respect to any matter in which it has skill or experience.

17 Provision by CAA of information, etc. for Secretary of State.U.K.

(1)It shall be the duty of the CAA—

(a)to furnish the Secretary of State with such information as he may specify and the CAA has or can reasonably be expected to obtain with respect to such matters relating to it or to civil aviation as the Secretary of State may specify;

(b)to permit the Secretary of State to have access to all documents which are under its control and relate to matters specified in pursuance of paragraph (a) above;

(c)if it comes to its notice that a body which is the holder of an air transport licence [F14or operating licence granted in accordance with [F15the Community licensing Regulation]] is proposing to merge or has merged with another body, to give the Secretary of State notice in writing of the proposal or merger;

(d)if it appears to the CAA that any matter which it is dealing with, or has dealt with, is likely—

(i)to affect the relations of the United Kingdom with any other country or territory or any international organisation, or

(ii)to be of special interest to the Secretary of State by reason of the fact that the matter involves or may involve noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation,

to give notice in writing of the matter to the Secretary of State.

(2)Nothing in subsection (1) above shall be construed as prejudicing the generality of section 16(1) above, and nothing in subsection (1)(c) or (d) above shall be construed as prejudicing the generality of subsection (1)(a) above.

(3)The CAA shall be entitled to recover from the Secretary of State a sum equal to any expense reasonably incurred by it in furnishing information in pursuance of subsection (1) above.

Supplemental provisions in relation to CAAU.K.

18 Official secrets.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(2)For the purposes of section 3(c) of the said Act of 1911 (under which the Secretary of State may by order declare any place belonging to Her Majesty to be a prohibited place for the purposes of that Act) a place belonging to or used for the purposes of the CAA shall be deemed to be a place belonging to Her Majesty.

(3)Subject to subsection (4) below, no person shall, except with the consent of and in accordance with any conditions imposed by the CAA, be entitled to exercise any right of entry (whether arising by virtue of a statutory provision or otherwise) upon a place which by virtue of subsection (2) above is a prohibited place for the purposes of the said Act of 1911.

(4)Subsection (3) above shall not apply to—

(a)a constable acting in the course of his duty as such; or

(b)an officer of customs and excise or inland revenue acting in the execution of his duty as such; or

(c)an officer of any government department specially authorised for the purpose by or on behalf of a Minister of the Crown;

[F17(d)a member of the staff of the Scottish Administration specially authorised for the purpose by or on behalf of the Scottish Ministers;]

and if the CAA refuses consent or imposes conditions on the exercise by any person of a right of entry upon such a place as is mentioned in subsection (3) above and that person applies to [F18the Secretary of State or the Scottish Ministers as the case may be for an authorisation to exercise the right, the Secretary of State or the Scottish Ministers may if he or they think fit authorise that person to exercise it subject to such conditions, if any, as the Secretary of State or the Scottish Ministers may determine].

19 Application of certain enactments to CAA.U.K.

(1)The CAA shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916, and accordingly the expressions “public body” and “such public body” in those Acts shall include the CAA.

(2)Schedule 2 to this Act shall have effect as respects the application of the enactments mentioned in that Schedule (which relate to statutory undertakers, statutory undertakings and related matters).

(3)For the purposes of the law relating to rating, the undertaking of the CAA shall be treated as not being a public utility undertaking.

20 Supplementary provisions with respect to the functions of CAA.U.K.

(1)The CAA—

(a)shall, without prejudice to its powers apart from this paragraph but subject to paragraph (b) below, have power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of its functions (including a function conferred on it by virtue of this paragraph); but

(b)shall not without the consent in writing of the Secretary of State promote the formation of, acquire or acquire a financial interest in a body corporate or lend money to or enter into a guarantee for the benefit of a body corporate;

and it is hereby declared that the CAA has power to do elsewhere than in the United Kingdom such things as it considers appropriate for the purpose of performing any of its functions.

(2)Notwithstanding anything in section 2(4) above, the CAA shall act on behalf of the Crown—

(a)in performing any function which the CAA is authorised by an Air Navigation Order to perform and which in pursuance of, or of an Annex to, or of an amendment for the time being in force of, the Chicago Convention falls to be performed on behalf of the Crown; and

(b)in performing such of its other functions as Her Majesty may by Order in Council require it to perform on behalf of the Crown as being functions appearing to Her Majesty in Council to relate to the exercise of powers or the discharge of obligations of the United Kingdom under an international agreement.

(3)It shall be the duty of the CAA to comply with any direction given to it by the Secretary of State in pursuance of any provision of this Act.

(4)Provision may be made by regulations made by the Secretary of State as to the mode of giving evidence of—

(a)any instrument made by the CAA; and

(b)the publication by the CAA of any matter.

21 Annual report.U.K.

(1)It shall be the duty of the CAA to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year.

(2)The report for any accounting year—

(a)shall set out any direction given to the CAA in pursuance of section 6, 63(3) or 72(2) of this Act during that year except a direction or part of a direction as to which the Secretary of State has notified the CAA that in his opinion it is against the national interest to set it out in the report;

(b)shall incorporate any statements published by the CAA under section 69 below during that year;

(c)shall include particulars of any case in which during that year the CAA has decided not to proceed in accordance with advice given to it in pursuance of section 85(2)(a)(i) below; and

(d)shall include such information as the Secretary of State may from time to time specify with respect to the plans and the past and present activities of the CAA and its financial position.

(3)The Secretary of State shall lay before each House of Parliament a copy of every report made to him in pursuance of this section.

22 Matters arising in connection with original transfer to CAA of property, staff, etc.U.K.

Schedule 3 to this Act shall have effect with respect to the matters there dealt with, being matters arising out of the transfer by virtue of paragraph 1 of Schedule 2 to the M2Civil Aviation Act 1971 to the CAA of the aerodromes mentioned in the said Schedule 2 and of the other property, rights and liabilities there mentioned and out of the transfer of staff to the CAA.

Disclosure of informationU.K.

23 Disclosure of information.U.K.

(1)Subject to subsection (4) below, no information which relates to a particular person and has been furnished to the CAA in pursuance of any provision of this Act to which this section applies or of an Air Navigation Order shall be disclosed by the CAA, or a member or employee of the CAA unless—

(a)the person aforesaid has consented in writing to disclosure of the information; or

(b)the CAA, after affording that person an opportunity to make representations about the information and considering any representation then made by that person about it, determines that the information may be disclosed; or

(c)that person is an individual who is dead, or is a body corporate that has ceased to exist or, whether an individual or a body corporate, cannot be found after all reasonable inquiries have been made, and the CAA determines that the information may be disclosed; or

(d)the CAA determines that the information is of the same kind as other information as respects which it has made a determination in pursuance of paragraph (b) or (c) above.

(2)Subsection (1) above shall apply in relation to the disclosure by an officer of the Secretary of State of information furnished to the Secretary of State in pursuance of any provision of this Act to which this section applies or of an Air Navigation Order as it applies in relation to disclosure by the CAA or a member or employee of the CAA of information so furnished to the CAA, but with the substitution for references to the CAA in paragraphs (b) to (d) of references to the Secretary of State.

(3)For the purposes of subsection (1) above, all reasonable inquiries to find a body corporate shall be deemed to have been made if—

(a)in the case of a company within the meaning of the [Companies Act 1985] or the [Companies (Northern Ireland) Order 1986], inquiries have been made at its registered office; or

(b)in the case of a company incorporated outside the United Kingdom and having a place of business within the United Kingdom, inquiries have been [F19made—

(i)at every address registered in respect of that company for the purposes of section 691(1)(b)(ii) of the said Act of 1985 or, as the case may be, at every address for service registered in respect of a branch of that company under Schedule 21A to that Act, and

(ii)at every address registered in respect of that company for the purposes of Article 641(1)(b)(ii) of the said Order of 1986 or, as the case may be, at every address for service registered in respect of a branch of that company under Schedule 20A to that Order.]

(4)Nothing in subsection (1) above prohibits the disclosure of any information—

(a)by the CAA or a member or employee of the CAA to the Secretary of State or an officer of his or, with the consent of the Secretary of State, to an international organisation of which the United Kingdom is a member;

(b)by an officer of the Secretary of State to the CAA or a member or employee of the CAA or to such an organisation or, in accordance with directions given by the Secretary of State—

(i)to an officer of any government department; or

(ii)in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of any country or territory outside the United Kingdom; or

(iii)in connection with the discharge of any obligation of the United Kingdom under international arrangements;

(c)to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) above;

(d)in pursuance of section 67(2) or (4) below;

(e)by the CAA for the purpose of complying with any duty imposed on it by section 85(1) below;

(f)with a view to the institution of, or otherwise for the purposes of, any criminal proceedings arising out of any enactment relating to civil aviation or for the purposes of any investigation undertaken in pursuance of regulations made by virtue of section 75 below.

(5)If the CAA or a member or employee of the CAA or an officer of the Secretary of State discloses any information in contravention of subsection (1) above, it or he shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine or, except in the case of the CAA, to imprisonment for a term not exceeding two years or to both.

(6)This section applies to the following provisions of this Act, that is to say, sections 16, 17, [F20and 28], section 36 (so far only as it relates to aerodromes owned or managed by the CAA) sections 64 to 72 (except section 69), sections 78 to 80 and sections 84 and 85.

EurocontrolU.K.

24 Eurocontrol.U.K.

Schedule 4 to this Act shall have effect in relation to the European Organisation for the Safety of Air Navigation established by the International Convention relating to co-operation for the safety of air navigation (entitled Eurocontrol) concluded at Brussels on 13th December 1960 (copies of which Convention were laid before Parliament by Command of Her Majesty on 13th June 1961); and in this Act—

• “Eurocontrol” means that organisation, including, except where the context otherwise requires, the Permanent Commission for the Safety of Air Navigation and the Air Traffic Services Agency comprised in that Organisation; and

• “the Eurocontrol Convention” means that Convention [F21as from time to time amended with the agreement of the contracting parties thereto].