5(1)Section 79 of the M1New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.U.K.
(2)In subsection (1) after “the Civil Aviation Authority,” insert “or
(ba)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),”.
(3)After subsection (1) insert—
“(1A)For the purposes of this Act—
(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;
(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”
(4)In subsection (3) after paragraph (b) insert—
“(ba)in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.”
(5)After subsection (3) insert—
“(4)If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”
Marginal Citations