SCHEDULES

Section 22.

SCHEDULE 1U.K. Provisions Relating to Compensation

1U.K.This Schedule applies to compensation under section 22 of this Act (in this Schedule referred to as the relevant section).

2U.K.No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the relevant section (or in accordance with regulations made under the following provisions of this Schedule) serves on the [F1person] by whom the measures in question were taken a notice in writing claiming compensation under that section, and that notice is served before the end of the period of two years from the completion of the measures.

3U.K.In relation to any measures taken by [F2any person on land outside an aerodrome or air navigation installation], any reference in the relevant section to a direction [F3or enforcement notice], or to compliance with a direction [F3or enforcement notice], shall be construed as if subsection (6) of section 16 of this Act were omitted.

4U.K.In calculating value for any of the purposes of the relevant section—

(a)rules (2) to (4) of the rules set out in section 5 of the M1Land Compensation Act 1961 shall apply with the necessary modifications, and

(b)if the interest to be valued is subject to a mortgage, it shall be treated as if it were not subject to the mortgage.

5U.K.Regulations made by the Secretary of State by statutory instrument may make provision—

(a)requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the relevant section;

(b)as to the application of any compensation to which this Schedule applies, or any part of it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, [F4to a feuduty or ground annual or] to the purposes of a trust, or which was so subject at a time specified in the regulations; or

(c)as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.

6U.K.A statutory instrument containing regulations made under paragraph 5 of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7U.K.Any dispute arising under the relevant section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the [F5Upper Tribunal].

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

9U.K.In the application of this Schedule to Scotland—

(a)the reference in paragraph 4(a) to section 5 of the M2Land Compensation Act 1961 shall be construed as a reference to section 12 of the M3Land Compensation (Scotland) Act 1963, and

(b)the reference in paragraph 7 to the [F7 Upper Tribunal shall ] be construed as a reference to the Lands Tribunal for Scotland.

10U.K.In the application of this Schedule to Northern Ireland—

(a)the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the M4Land Compensation (Northern Ireland) Order 1982 (which confines the operation of that Order to matters within the legislative competence of the Parliament of Northern Ireland), as a reference to Article 6(1) of that Order; and

(b)the reference in paragraph 7 to the [F8 Upper Tribunal shall ] be construed as a reference to the Lands Tribunal for Northern Ireland.

11U.K.In this Schedule mortgage includes any charge or lien on any property for securing money or money’s worth, and any heritable security within the meaning of section 9(8) of the M5Conveyancing and Feudal Reform (Scotland) Act 1970.

Section 40.

SCHEDULE 2U.K. Consequential Amendments and Savings

Periods running at commencementU.K.

1U.K.Where any period of time specified in or for the purposes of any enactment re-enacted by this Act is current at the commencement of this Act, this Act shall have effect as if the provision of this Act re-enacting that enactment had been in force when that period began to run.

Past offencesU.K.

2U.K.This Act (and, in particular, the following provisions of this Schedule) shall not affect the law applicable to, or to proceedings in respect of, an offence committed before the commencement of this Act under any enactment repealed by this Act.

The Visiting Forces Act 1952U.K.

3U.K.Section 3 of the M6Visiting Forces Act 1952, as amended by the M7Protection of Aircraft Act 1973, shall, after the commencement of this Act, continue to have effect as so amended notwithstanding the repeal of the said Act of 1973 but subject to the substitution in subsection (1)—

(a)for the words section 1(4)(b) of the M8Hijacking Act 1971 of the words section 6(2)(a) of the Aviation Security Act 1982;

(b)for the words section 1 or section 2 of the Protection of Aircraft Act 1973 of the words section 2 or section 3 of that Act; and

(c)for the words section 3(1) of the words section 6(2)(b) and (c).

The Protection of Aircraft Act 1973U.K.

4U.K.Where before the commencement of this Act any land, building or works was or were, by virtue of an order under section 26 of the M9Protection of Aircraft Act 1973, included in an aerodrome for the purposes of that Act, the land, building or works shall, to the extent that that order has effect on or after the commencement of this Act, be treated as included in that aerodrome not only for the purposes of the provisions of this Act re-enacting provisions of that Act but also for the purposes of the other provisions of this Act.

The Criminal Jurisdiction Act 1975U.K.

5U.K.In paragraph 11 of Schedule 1 to the Criminal Jurisdiction Act 1975, for the words the Hijacking Act 1971 there shall be substituted the words “ the Aviation Security Act 1982 ”.

The Northern Ireland (Emergency Provisions) Act 1978U.K.

F96U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Suppression of Terrorism Act 1978U.K.

7U.K.For paragraphs 18 and 19 of Schedule 1 to the Suppression of Terrorism Act 1978 there shall be substituted the following paragraph—

“18An offence under Part I of the Aviation Security Act 1982 (other than an offence under section 4 or 7 of that Act)”.

The British Nationality Act 1981U.K.

F108U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 40.

SCHEDULE 3U.K. Repeals