SCHEDULES

SCHEDULE 4 Licence holders: land

11

1

Section 53 (planning decisions: compensation) shall be amended as follows.

2

In subsection (1)—

a

for “entitled to recover from the CAA” substitute “ entitled to recover from the relevant person ”,

b

for paragraph (b)(iii) substitute—

iii

to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence.

3

In subsection (2) for “shall pay the CAA” substitute “ shall refund to the person who paid that sum ”.

4

In subsection (3)—

a

for “such a need as aforesaid in respect of an aerodrome or apparatus owned by the CAA,” substitute “ a need referred to in subsection (1)(b)(i) to (iii), ”,

b

for “given to the CAA” substitute “ given to the relevant person ”, and

c

for “require the CAA” substitute “ require the relevant person ”.

5

In subsection (4) for “the CAA” substitute (in each place) “ the relevant person ”.

6

In subsection (7) for paragraph (b) and the words following it substitute—

b

the decision would not have been taken but for the need to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence,

the Department shall be entitled to recover from the licence holder a sum equal to that compensation.

7

In subsection (8) for “the CAA” substitute “ the licence holder ”.

8

After subsection (9) insert—

10

The relevant person for the purposes of this section is—

a

in a case to which subsection (1)(b)(i) or (ii) applies, the CAA, and

b

in a case to which subsection (1)(b)(iii) applies, the licence holder.