Transport Act 2000 (c. 38)

(The document as of February, 2008)

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

12 In section 54(2) (consecrated land and burial grounds) for "in relation to any land acquired by the CAA" substitute " in relation to any land--

(a) acquired by the CAA, or

(b) acquired by a licence holder for purposes connected with the carrying out of the activities authorised by the licence, " .

13 (1) Section 55 (registration of orders, &c.) shall be amended as follows.

(2) In subsection (5) after "the CAA" insert "or a licence holder".

(3) In subsection (7)(a) after sub-paragraph (ii) (and after the word "and") insert--

" (iii) if the order is made in favour of a licence holder, the licence holder; and " .

(4) In subsection (7)(c) after sub-paragraph (i) (and before the word "and") insert--

" (ia) if the order is made in respect of a licence holder, the licence holder; " .

14 In section 105(1) (interpretation) after the definition of "the Lands Tribunal" insert--

" "licence holder" means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services); " .

15 In Schedule 6 (modifications of Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972)--

(a) in paragraph 2 after "Civil Aviation Authority" insert "or (as the case may be) the licence holder",

(b) in paragraph 4 after "Civil Aviation Authority" insert "or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 ("a licence holder")", and

(c) in paragraphs 5 and 6 after "Civil Aviation Authority" (in each place) insert "or (as the case may be) the licence holder".

16 (1) Schedule 7 (certain orders under Part II: supplementary) shall be amended as follows.

(2) For the words "the CAA"--

(a) substitute "the CAA or a licence holder" in paragraph 1(1), in the first place where the words appear in paragraph 1(2), and in paragraph 12(2)(a), and

(b) substitute "the CAA or the licence holder" in the second place where the words appear in paragraph 1(2).

(3) After paragraph 5(2)(a) insert--

" (aa) the licence holder in the case of an order under section 44 of this Act made in favour of a licence holder; " .

(4) After paragraph 12(2)(b) insert--

" (c) from the licence holder in the case of an order made in favour of a licence holder. "

17 In Schedule 13 (subordinate instruments), in Part I after the entry for section 42(2) insert--

" Section 42A(2) (order vesting land in licence holder). "

Section 37.

SCHEDULE 5 Licence holders as statutory undertakers

Miscellaneous enactments

1 (1) For the purposes of the provisions mentioned in sub-paragraph (2)--

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) The provisions are--

(a) the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;

(d) the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(e) the [1954 c. 56.] Landlord and Tenant Act 1954;

(f) section 39(6)(b) of the [1958 c. 69.] Opencast Coal Act 1958;

(g) section 11 of the [1961 c. 33.] Land Compensation Act 1961;

(h) section 3(4) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961;

(i) section 18 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;

(j) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

(k) Schedule 6 to the [1965 c. 36.] Gas Act 1965;

(l) the [1968 c. 16.] New Towns (Scotland) Act 1968;

(m) paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968;

(n) section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968;

(o) sections 283, 296 and 611 of the [1985 c. 68.] Housing Act 1985.

Public health

2 (1) The provisions mentioned in sub-paragraph (2) apply in relation to--

(a) a licence holder carrying out activities authorised by its licence, and

(b) any property which is owned by the licence holder,

as they apply in relation to a railway company and its railway.

(2) The provisions are--

(a) section 330 of the [1936 c. 49.] Public Health Act 1936 (power of certain undertakers in England and Wales to alter sewers);

(b) section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act);

(c) section 107 of the [1897 c. 38.] Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).

Civil defence

3 (1) For the purposes of the [1939 c. 31.] Civil Defence Act 1939--

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a public utility undertaker;

(b) its undertaking as licence holder is to be taken to be a public utility undertaking.

(2) For the purposes of the 1939 Act as it applies in relation to a licence holder the appropriate department is the Secretary of State.

Pipe-lines

4 (1) For the purposes of the [1962 c. 58.] Pipe-lines Act 1962--

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) For the purposes of section 13 of the 1962 Act, in relation to a licence holder operational land is land--

(a) 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

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(3) If for the purposes of section 13 of the 1962 Act a question arises whether land is operational land in relation to a licence holder the question must be decided by the Secretary of State.

New towns

5 (1) Section 79 of the [1981 c. 64.] New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.

(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. "

Planning

6 (1) Section 262 of the [1990 c. 8.] Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.

(2) In subsection (3) for "and the Civil Aviation Authority" substitute ", the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)".

(3) In subsection (5)(b) for "and the Civil Aviation Authority" substitute ", the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)".

(4) After subsection (5) insert--

" (5A) For the purposes of this Act--

(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. "

7 In section 263 of the [1990 c. 8.] Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert--

" (2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B) Subject to section 264, in this Act "operational land" means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land--

(a) 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

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C) 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. "

8 In section 91(3) of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after "the Civil Aviation Authority," there shall be inserted "a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence),".

9 In section 39(6) of the [1990 c. 10.] Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after "the Civil Aviation Authority" there shall be inserted ", a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)".

10 (1) Section 214 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.

(4) After subsection (5) insert--

" (5A) For the purposes of this Act--

(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. "

11 In section 215 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert--

" (2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B) Subject to section 216, in this Act "operational land" means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land--

(a) 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

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

12 In section 81(3) of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after "the Civil Aviation Authority," there shall be inserted "a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence),".

13 In section 38(5) of the [1997 c. 10.] Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after "the Civil Aviation Authority" there shall be inserted ", a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)".

Water and drainage

14 In Schedule 13 to the [1991 c. 56.] Water Industry Act 1991 (protection of undertakings) in paragraph 1(5) after paragraph (j) there shall be inserted--

" (k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person's undertaking as licence holder. "

15 In Schedule 22 to the [1991 c. 57.] Water Resources Act 1991 (protection of undertakings) in paragraph 1(4) after paragraph (j) there shall be inserted--

" (k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person's undertaking as licence holder. "

16 In Schedule 6 to the [1991 c. 59.] Land Drainage Act 1991 (protection of undertakings) in paragraph 1(1) after paragraph (j) there shall be inserted--

" (k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person's undertaking as licence holder. "

Development

17 In section 161 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (vesting of undertakers' land by order etc) in the entry relating to statutory undertakers in subsection (7) after paragraph (b) there shall be inserted--

" (ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that the person is carrying out activities authorised by the licence; " .

18 In section 19 of the [1998 c. 45.] Regional Development Agencies Act 1998 (vesting of undertakers' land by order etc) in the entry relating to statutory undertakers in subsection (10) after paragraph (c) there shall be inserted--

" (ca) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that the person is carrying out activities authorised by the licence, " .

Coal mining subsidence

19 In section 52(1) of the [1991 c. 45.] Coal Mining Subsidence Act 1991 (interpretation) in paragraph (b) of the entry relating to statutory undertakers after "the Civil Aviation Authority" there shall be inserted ", any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)".

Section 63.

SCHEDULE 6 Transfer schemes

Allocation

1 (1) Paragraphs 2 and 3 apply if the following two conditions are satisfied.

(2) The first condition is that--

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor's undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor's undertaking.

(3) The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are--

(a) the part (or each part) transferred, and

(b) if a part is retained by the transferor, that part.

(4) In paragraphs 2 and 3 references to the parties are to--

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(5) Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.

2 (1) If the nature of the property, right or liability permits, it must be apportioned in appropriate proportions between the parties; and each appropriate part must be taken to have been transferred to a transferee or retained by the transferor.

(2) If an estate or interest in land is to be apportioned under sub-paragraph (1)--

(a) any rent payable under a lease in respect of the estate or interest, and

(b) any rent charged on the estate or interest,

must be apportioned so that an appropriate part of the rent is payable in respect of (or charged on) the appropriate part of the estate or interest.

(3) Sub-paragraph (2) applies, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.

3 (1) If the nature of the property, right or liability does not permit it to be apportioned as mentioned in paragraph 2(1), it must be taken to have been transferred to a transferee or retained by the transferor in accordance with the tests in sub-paragraphs (2) and (3).

(2) In the case of an estate or interest in land the test is--

(a) which one of the parties has the greater (or greatest) need of the estate or interest for business purposes, or

(b) if it is not possible to say that one of them has the greater (or greatest) need, which one of them is likely to make more (or the most) use of the land.

(3) In the case of any other property or any right or liability, the test is which one of the parties is likely--

(a) to make more (or the most) use of the property, or

(b) to be more (or the most) affected by the right or liability.

(4) The tests in sub-paragraphs (2) and (3) must be applied at--

(a) the time when the transfer scheme comes into force (or schemes come into force), or

(b) if there are two or more schemes and they come into force at different times, the later or latest of the times.

(5) The preceding provisions of this paragraph apply subject to any arrangements made by the parties as to the protection of the interests of any of them.

Identification

4 (1) Paragraphs 5 to 7 apply if--

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor's undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor's undertaking.

(2) It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3) In paragraphs 5 to 7 references to the parties are to--

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(4) Paragraphs 5 to 7 do not apply to rights or liabilities under a contract of employment.

5 (1) The parties must, so far as practicable, make any written agreement necessary or expedient to identify what is to be taken to have been transferred to whom and what (if anything) is to be taken to have been retained.

(2) The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

6 (1) If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 5 he may serve a notice on the parties.

(2) A notice may be served--

(a) whether or not representations are made by a party;

(b) before or after the coming into force of any transfer scheme concerned.

(3) A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 5 in relation to the matter concerned.

(4) If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

7 (1) This paragraph applies if--

(a) an agreement made under paragraph 5, or

(b) an agreement treated as made by paragraph 6,

contains provision to the effect that any property, right or liability is to be taken to have been transferred to a transferee.

(2) The property, right or liability is to be treated as having been transferred to the transferee by the scheme concerned (or, if there are two or more schemes, such of them as the agreement specifies).

Discharge of functions

8 (1) Paragraphs 9 and 10 apply if--

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor's undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor's undertaking.

(2) It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3) In paragraphs 9 and 10 references to the parties are to--

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(4) Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.

(5) Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is--

(a) a company which is wholly owned by the Crown;

(b) a company which is wholly owned by the CAA;

(6) Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).

9 (1) The parties must, so far as practicable, make any written agreement and execute any other instrument necessary or expedient to--

(a) give to any party (as against another or others) any rights and safeguards needed for carrying out the party's functions;

(b) modify the division of the transferor's undertaking in order to help the parties in carrying out their functions.

(2) An agreement or instrument under sub-paragraph (1) may provide--

(a) for the granting of leases and for the creation of other rights and liabilities over land (whether or not amounting in law to interests in land and whether or not involving the surrender of any existing interest or the creation of a new interest);

(b) for the granting of indemnities in connection with the severance of leases and other matters;

(3) The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

10 (1) If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 9 he may serve a notice on the parties.

(2) A notice may be served--

(a) whether or not representations are made by a party;

(b) before or after the coming into force of any transfer scheme concerned.

(3) A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 9 in relation to the matter concerned.

(4) If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

Transfers by agreement

11 (1) If a transfer scheme provides for property, rights or liabilities to be transferred from a transferor to a transferee, they may agree that such of the property, rights or liabilities as are specified in the agreement are to be transferred from the transferee to the transferor.

(2) If one or more transfer schemes provide for different property, rights or liabilities to be transferred to different transferees, any transferee may agree with another that such of the property, rights or liabilities as are specified in the agreement are to be transferred from one to the other.

(3) This paragraph does not apply to rights or liabilities under a contract of employment.

(4) An agreement under this paragraph--

(a) must be in writing;

(b) must be made before the end of the required period;

(5) The required period is the period of 12 months starting with--

(a) the day on which the transfer scheme comes into force (or schemes come into force), or

(b) if there are two or more schemes and they come into force on different days, the later or latest of the days.

(6) An agreement under this paragraph may provide for a transfer to take effect on a date specified in or determined in accordance with the agreement; but the agreement may provide that a transfer is not to take effect unless the circumstances are such as the agreement specifies.

(7) When a transfer agreed under this paragraph takes effect the agreement has effect to transfer (in accordance with its provisions) the property, rights or liabilities concerned, subject to any enactment which provides for transactions to be registered in a statutory register.

Documents of title

12 (1) This paragraph applies if on a transfer under a transfer scheme a transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to a transferee.

(2) If the land or other property is situated in England and Wales--

(a) the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee's right to production of the document and to delivery of copies of it, and

(b) section 64 of the [1925 c. 20.] Law of Property Act 1925 (production and safe custody of documents) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

(3) If the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the [1979 c. 33.] Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words "unless specially qualified" were omitted.

(4) If the land or other property is situated in Northern Ireland--

(a) the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee's right to production of the document and to delivery of copies of it, and

(b) section 9 of the [1881 c. 41.] Conveyancing Act 1881 (which corresponds to section 64 of the [1925 c. 20.] Law of Property Act 1925) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

Foreign property, rights and liabilities

13 (1) This paragraph applies if a transfer scheme provides for the transfer of foreign property, rights or liabilities from a transferor to a transferee.

(2) The transferor and the transferee must take such steps as may be necessary to secure that the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law; and the transferor must take the steps at such times as the transferee may specify in directions given to the transferor.

(3) Until the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law, the transferor must--

(a) hold the property or rights for the transferee's benefit, or

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