Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(5) Nothing in any provision included in a scheme by virtue of this paragraph affects the law of any part of the United Kingdom as it applies to the vesting of any foreign property, right or liability in the new licence company by virtue of the scheme.

(6) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) Any expenses incurred by an existing licence company in consequence of any provision included in a scheme by virtue of this paragraph must be met by the new licence company.

(8) Duties imposed on an existing licence company or a new licence company by virtue of this paragraph are enforceable in the same way as if they were imposed by a contract between the existing licence company and the new licence company.

Supplementary provisions of schemes

9 (1) A scheme may contain supplementary, consequential and transitional provision for the purposes of, or in connection with, any provision of the scheme.

(2) In particular a scheme may provide--

(a) that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new licence company is to be treated as the same person in law as the existing licence company;

(b) that (so far as may be necessary for the purposes of or in connection with any such transfers) agreements made, transactions effected and other things done by or in relation to the existing licence company are to be treated as made, effected or done by or in relation to the new licence company;

(c) that (so far as may be necessary for the purposes of or in connection with any such transfers) references in any agreement (whether or not in writing) or in any document to, or to any officer of, the existing licence company are to have effect with such modifications as the scheme may specify;

(d) that proceedings commenced by or against the existing licence company are to be continued by or against the new licence company;

(e) that contracts of employment with the existing licence company are not to terminate and that periods of employment with the existing licence company are to count for all purposes as periods of employment with the new licence company;

(f) that disputes about the effect of the scheme between the existing licence company and the new licence company, between either of them and any other licence company or between different companies which are other licence companies are to be referred to such arbitration as may be specified in or determined under the scheme;

(g) that determinations on such arbitrations are conclusive for all purposes;

(h) that certificates given jointly by two or more of the licence companies mentioned in paragraph (f) as to the effect of the scheme as between the licence companies giving the certificates are conclusive for all purposes.

Assistance

10 (1) The new licence company, the existing licence company and any other licence companies which are likely to be affected by a scheme must provide the Secretary of State with all such information and other assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any power conferred by paragraph 3.

(2) If a company without reasonable excuse fails to do anything required of it by sub-paragraph (1) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Effect of air traffic administration order

11 While an air traffic administration order is in force in relation to an existing licence company anything which the company is permitted or required to do--

(a) by paragraph 3 or 10, or

(b) in consequence of any provision of a scheme,

is effective only if it is done on the company's behalf by its air traffic administrator.

Section 33.

SCHEDULE 3 Air traffic administration orders: Northern Ireland

1 In their application to a licence company formed and registered under the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986, sections 26 to 32 and Schedules 1 and 2 have effect with the modifications made by this Schedule.

2 (1) Section 26 is modified as follows.

(2) In subsection (2) for "Part II of the 1986 Act" substitute "Part III of the 1989 Order".

(3) In subsection (5) for "Parts I to VII of the 1986 Act" substitute "Parts II to VII of the 1989 Order".

(4) In subsection (6)--

(a) for "the 1986 Act" substitute "the 1989 Order", and

(b) for "the [1986 c. 45.] Insolvency Act 1986" substitute "the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989".

3 (1) Section 28 is modified as follows.

(2) In subsection (3) for paragraph (a) substitute--

" (a) the Secretary of State certifies that but for section 27 it would in his opinion be appropriate for the Department of Enterprise, Trade and Investment to petition for the company's winding up under Article 104A of the 1989 Order (petition following inspectors' report etc), and " .

(3) In subsection (3)(b) for "section 124A" substitute "Article 104A".

(4) In subsection (6) for "section 123 of the 1986 Act" substitute "Article 103 of the 1989 Order".

4 In section 29(5) for "the 1986 Act" substitute "the 1989 Order".

5 (1) Section 30 is modified as follows.

(2) In subsection (2) for "Section 9(4) and (5) of the 1986 Act" substitute "Article 22(4) and (5) of the 1989 Order".

(3) In subsection (3)--

(a) for "Section 10(1), (2), (4) and (5) of the 1986 Act" substitute "Article 23(1), (2) and (4) of the 1989 Order";

(b) in paragraphs (a), (b), (c) and (d) for "subsection" substitute "paragraph".

(4) In subsection (5)--

(a) for "section 411 of the 1986 Act" substitute "Article 359 of the 1989 Order", and

(b) for "Parts I to VII of that Act" substitute "Parts II to VII of that Order".

6 For Schedule 1 substitute--

" SCHEDULE 1 Air traffic administration orders: general

Part I Modifications of 1989 Order

Introduction

1 This Part of this Schedule applies if an air traffic administration order is made in Northern Ireland.

General application of provisions of 1989 Order

2 Articles 24 to 35 and 39 of the 1989 Order (which relate to administration orders under Part III of that Order) apply with the modifications specified in this Part of this Schedule.

General modifications

3 In those Articles as applied by this Part of this Schedule--

(a) references to an administration order are to an air traffic administration order, and

(b) references to an administrator are to an air traffic administrator.

Effect of order

4 In Article 24 of the 1989 Order (effect of order) as applied by this Part of this Schedule--

(a) the requirement in paragraph (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

(b) the reference in paragraph (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

(c) paragraph (3)(d) has effect as if after "its property" there were inserted ", and no right of re-entry or forfeiture may be enforced against the company in respect of any land,".

Appointment of air traffic administrator

5 In Article 26 of the 1989 Order (appointment of administrator) as applied by this Part of this Schedule for paragraph (3) substitute--

" (3) An application for an order under paragraph (2) may be made--

(a) by the Secretary of State,

(b) by the CAA with the Secretary of State's consent,

(d) where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company. "

General powers of air traffic administrator

6 (1) Article 27 of the 1989 Order (general powers of administrator) as applied by this Part of this Schedule has effect as follows.

(2) In paragraph (1)(b) the reference to the powers specified in Schedule 1 to the 1989 Order includes a reference to a power to act on behalf of the company--

(a) for the purposes of this Part, or

(b) for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.

(3) In paragraph (4) the reference to a power conferred by the company's memorandum or articles of association includes a reference to a power conferred by virtue of the company's holding a licence.

Power to deal with charged property

7 (1) Article 28 of the 1989 Order (power to deal with charged property) as applied by this Part of this Schedule has effect as follows.

(2) In paragraph (2) for "the purpose or one or more of the purposes specified in the administration order" substitute "one or both of the purposes of the administration order".

(3) In paragraph (5)(b) for "in the open market by a willing vendor" substitute "for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order".

Duties of air traffic administrator

8 (1) Article 29 of the 1989 Order (duties of administrator) as applied by this Part of this Schedule has effect as follows.

(2) For paragraph (2) substitute--

" (2) Subject to any directions of the High Court, it shall be the duty of the air traffic administrator to manage the affairs, business and property of the company in accordance with proposals under Article 35 as they are revised from time to time. "

(3) In paragraph (3) omit sub-paragraph (a).

Discharge of order

9 (1) Article 30 of the 1989 Order (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows.

(2) For paragraphs (1) and (2) substitute--

" (1) An application for an air traffic administration order to be discharged may be made--

(a) by the air traffic administrator, on the ground that the purposes of the order have been achieved; or

(b) by the Secretary of State or (with his consent) by the CAA, on the ground that it is no longer necessary that those purposes are achieved. "

(3) In paragraph (3) omit the words "or vary".

(4) In paragraph (4)--

(a) omit the words "or varied" and "or variation", and

(b) after "to the registrar" insert ", to the CAA and to the Secretary of State".

Notice of making of order

10 In Article 33(2) of the 1989 Order (notice of order to be given by administrator) as applied by this Part of this Schedule after "to the registrar" insert ", to the CAA, to the Secretary of State".

Statement of proposals

11 In Article 35 of the 1989 Order (statement of proposals) as applied by this Part of this Schedule for paragraphs (1) and (2) substitute--

" (1) Where an air traffic administration order has been made, the air traffic administrator shall, within 3 months (or such longer period as the High Court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order--

(a) to the Secretary of State,

(b) to the CAA,

(d) to the registrar.

(2) The air traffic administrator may from time to time revise those proposals.

(2A) If the air traffic administrator proposes to make revisions which appear to him to be substantial, he shall before making them send a statement of the proposed revisions--

(a) to the Secretary of State,

(b) to the CAA,

(d) to the registrar.

(2B) The air traffic administrator shall give a copy of any statement under paragraph (1) or (2A) to all members of the company before the end of the period described in paragraph (1) or, as the case may be, before making the revisions.

(2C) The requirement in paragraph (2B) is satisfied if the administrator--

(a) sends a copy of the statement to all members of the company (so far as he is aware of their addresses), or

(b) publishes in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge. "

Applications to court

12 (1) Article 39 of the 1989 Order (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows.

(2) After paragraph (1) insert--

" (1A) If a creditor or member of the company makes an application under paragraph (1), the court shall give notice of the application to the Secretary of State, who shall be entitled to be heard by the court in connection with the application.

(1B) At any time when an air traffic administration order is in force the Secretary of State or (with his consent) the CAA may apply to the court by petition for an order under this Article on one or both of the following grounds.

(1C) The first ground is that the air traffic administrator has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1D) The second ground is that he has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which involves a contravention of--

(a) a condition of the licence granted under Chapter I of Part I of the Transport Act 2000, or

(b) a duty imposed by section 8(1) of that Act, or

(3) Omit paragraph (3).

(4) In paragraph (4) omit the words "Subject to paragraph (3),".

(5) After that paragraph insert--

" (4A) Provision may be made by virtue of paragraph (4)(d) that the air traffic administration order is to be discharged from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors. "

(6) For paragraph (6) substitute--

" (6) Where an air traffic administration order is discharged, the air traffic administrator shall within 14 days after the date on which the discharge takes effect send an office copy of the order under this Article--

(a) to the Secretary of State,

(b) to the CAA, and

and if, without reasonable excuse, the air traffic administrator contravenes this paragraph, he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence. "

Part II Other provisions

General adaptations

13 (1) References in the 1989 Order (except in Articles 21 to 23 and 36 to 38), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part III of that Order, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator.

(2) References in the 1989 Order, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part III of that Order include references to that enactment as applied by section 30 above or Part I of this Schedule.

(3) But--

(a) sub-paragraph (1) applies in relation to a reference in an enactment contained in Part III of the 1989 Order only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;

(b) sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

Saving

14 The provisions of this Schedule are without prejudice to the power conferred by Article 359 of the 1989 Order (insolvency rules) as modified by paragraph 13(1) and (2).

Interpretation

15 (1) In this Schedule "the 1989 Order" means the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989.

(2) For the purposes of this Schedule and any modification of the 1989 Order made by this Schedule--

(a) an air traffic administration order is an order made under section 27 or 28 above;

(b) an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

Section 36.

SCHEDULE 4 Licence holders: land

1 The [1982 c. 16.] Civil Aviation Act 1982 shall be amended as follows.

2 After section 42 (acquisition of land by CAA) insert the following--

" 42A Acquisition of land: air traffic services licence holders

(1) A licence holder may be authorised by the Secretary of State to acquire land in Great Britain compulsorily for any purpose connected with the carrying out of the activities authorised by the licence.

(2) Where a licence holder proposes to acquire, otherwise than by agreement, any land in Northern Ireland--

(a) which is required by the licence holder for any purpose connected with the carrying out of the activities authorised by the licence, or

(b) as to which it can reasonably be foreseen that it will be so required,

the licence holder may apply to the Secretary of State for an order vesting the land in it, and the Secretary of State shall have power to make such an order.

(3) The Secretary of State shall not grant an authorisation under subsection (1) or an order under subsection (2) to a licence holder in respect of land which is owned by another licence holder who--

(a) is using it, or

(b) will, in the opinion of the Secretary of State, use it at some time in the period of five years beginning with the date on which he receives the request for the authorisation or order.

(4) A reference in subsection (3) to use of land by a licence holder is a reference to use for a purpose connected with the carrying out of the activities authorised by the licence.

(5) The following provisions of section 42 shall apply for the purposes of this section in relation to a licence holder as they apply for the purposes of that section in relation to the CAA--

(a) in subsection (1), the words from "and the following enactments" to the end,

(b) subsection (3),

(c) subsection (5) (with the reference to acquisition for the purposes of the CAA's undertaking being construed as a reference to acquisition in connection with the carrying out of the activities authorised by the licence), and

(d) subsection (6). "

3 In section 43(1) (rights over land to bind grantor's successors) after paragraph (b) insert--

" or,
(c)
for any purpose connected with the carrying out of the activities authorised by the licence, to a licence holder, " .

4 (1) Section 44 (power to obtain rights over land) shall be amended as follows.

(2) In subsection (6) after paragraph (b) insert--

" and
(c)
if the relevant authority in whose favour the order was made is a licence holder, the licence holder, " .

(3) For subsection (7) substitute--

" (7) The ownership of anything shall not be affected by reason only that it is placed on or under, or affixed, to, any land in pursuance of any such order.

(7A) So long as any such order is in force, no person shall, except with the necessary consent, wilfully interfere--

(a) with any works carried out on any land in pursuance of the order, or

(b) with anything installed on, under, over or across any land in pursuance of the order.

(7B) The necessary consent is--

(a) if the relevant authority in whose favour the order is made is the Secretary of State or Eurocontrol, the consent of the Secretary of State,

(b) if that relevant authority is the CAA, the consent of the Secretary of State or the CAA, and

(4) In subsection (12) the following shall be inserted after paragraph (c)--

" and
(d)
a licence holder; " .

5 In section 46(10) (control over land: relevant authorities) after paragraph (d) insert--

" and
(e)
a licence holder (within the meaning of section 105(1) below); " .

6 (1) Section 48 (Secretary of State's powers in respect of highways, &c.) shall be amended as follows.

(2) In subsection (1) for "or the CAA" substitute (in each place) ", the CAA or a licence holder".

(3) In subsection (9) after "the CAA" insert (in each place) "or a licence holder".

7 In section 49 (acquisition of land for purpose related to highway) after subsection (3) insert--

" (3A) A licence holder's power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the licence holder or which the licence holder proposes to acquire or for any other purpose for which land is required in connection with such an order. "

8 (1) Section 50 (powers of entry) shall be amended as follows.

(2) In subsection (1)(a), (b) and (c) after "the CAA" insert "or a licence holder".

(3) In subsection (1)(d) after "the CAA" insert ", a licence holder (within the meaning of section 105(1) below)".

(4) In subsection (3)(a), (b) and (c) for "or the CAA" substitute ", the CAA or a licence holder".

(5) In subsection (7) for paragraph (a) substitute--

" (a) in a case falling within subsection (1)(a) to (c) above in respect of the CAA, the CAA,

(aa) in a case falling within subsection (1)(a) to (c) above in respect of a licence holder, the licence holder, " .

9 In section 51(7)(a) (statutory undertakers) after "the CAA" insert "or a licence holder".

10 (1) Section 52 (displacements from land) shall be amended as follows.

(2) After subsection (1)(c) (and before the word "or") insert--

" (ca) a licence holder has acquired land for purposes connected with the carrying out of the activities authorised by the licence; " .

(3) In subsection (2)(a) for "or (c)" substitute ", (c) or (ca)".

(4) In subsection (3)(a) after "(c)" insert ", (ca)".

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

(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. "

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