Civil Aviation Act 1982

Section 19.

SCHEDULE 2U.K. Application of Enactments Relating to Statutory Undertakers, Etc.

1[F1(1)Section 39(3) of the Public Health Act 1936 (which exempts buildings belonging to statutory undertakers from certain drainage requirements) shall apply in relation to the CAA as it applies in relation to statutory undertakers but as if in the proviso to the said section 39(3) (which excludes from exemption houses and buildings used as offices and showrooms)the references to offices or showrooms did not include offices or showrooms on any aerodrome owned by the CAA.]U.K.

(2)Section 330 of the said Act of 1936 (power of certain undertakers in England and Wales to alter sewers), section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act) and section 107 of the M1Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers) shall apply in relation to the CAA and any property owned by the CAA as they apply in relation to a railway company and its railway.

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[F33(1)Section 93 of Schedule 3 to the M2 Water Act 1945 and section 45 of Schedule 4 to the M3 Water (Scotland) Act 1980 which relate to the protection of certain statutory undertakers) shall apply with the necessary modifications in relation to any works along, upon or under any property owned by the CAA which statutory water undertakers propose to execute, whether or not the said section 93 or the said section 45 has been applied to the undertakers by an order under the said Act of 1945 or the said Act of 1980.U.K.

(2)In sub-paragraph (1) above “statutory water undertakers” means—

(a)in relation to England and Wales, statutory water undertakers within the meaning of the M4 Water Act 1973 and includes a person authorised to construct works by an order under section 23 of the Water Act 1945; and

(b)in relation to Scotland, [F4Scottish Water.] .]

4U.K.The CAA shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, that is to say—

• the M5Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• section 4 of the M6Requisitioned Land and War Works Act 1948;

• the National Parks and Access to the M7Countryside Act 1949;

• the M8Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• the M9Landlord and Tenant Act 1954;

• [F5sections F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .296 and 611 of the M10 Housing Act 1985];

• section 39(6)(b) of the M11Opencast Coal Act 1958;

• section 11 of the M12Land Compensation Act 1961;

• [F7section 3(4) of the Flood Prevention (Scotland) Act 1961;]

• the M13Pipe-lines Act 1962;

• section 18 of the M14Land Compensation (Scotland) Act 1963;

• Schedule 3 and (pending the coming into force of its repeal by the M15Transport Act 1981) Schedule 5 to the M16Harbours Act 1964;

• Schedule 6 to the M17Gas Act 1965;

• [F8section 10(4) of the M18Highlands and Islands Development (Scotland) Act 1965;]

• sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M19Countryside (Scotland) Act 1967;

• the M20New Towns (Scotland) Act 1968;

• paragraph 6 of Schedule 2 to the M21Countryside Act 1968;

• section 22 of the M22Sewerage (Scotland) Act 1968;

• [F9section 39 of the M23Roads (Scotland) Act 1970;]

• F10 . . .

• F11. . .

• [F12section 140 of the Roads (Scotland) Act 1984.]

• [F13section 9 of the Enterprise and New Towns (Scotland) Act 1990]

5U.K.In the following enactments, that is to say—

• section 13 of the M24Pipe-lines Act 1962,

• the M25New Towns (Scotland) Act 1968,

• . . . F14

• F15. . .

• the M26New Towns Act 1981,

“operational land” shall, in relation to the CAA, means land of the CAA's of any such class as may be prescribed; and—

(a)the definition of a class of land for the purposes of regulations made in pursuance of this paragraph may be framed by reference to any circumstances whatsoever; and

(b)without prejudice to paragraph 1 of Part III of Schedule 13 to this Act, regulations so made may prescribe different classes of land for the purposes of different enactments mentioned in the preceding provisions of this paragraph; and

(c)if any question arises whether land of the CAA’s falls within a class prescribed in pursuance of this paragraph, it shall be determined by the Secretary of State.

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