Transport Act 2000 (c. 38)

(The document as of February, 2008)

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58 Securities to be issued

(1) With the Treasury's consent the Secretary of State may give one or more directions under this section if he thinks that to do so would be appropriate in connection with a direction which has been given under section 57.

(2) A direction under this section may be given to a company falling within subsection (3), and it may require the company--

(a) to issue to the appropriate person specified in the direction such securities of the company as the direction specifies, or

(b) to issue to different appropriate persons so specified such securities of the company as the direction specifies.

(3) These companies fall within this subsection--

(a) the company whose liability the direction under section 57 requires to be released;

(b) a company which wholly owns that company;

(4) These are appropriate persons--

(a) the Secretary of State;

(b) the company whose liability the direction under section 57 requires to be released;

(5) But a company does not fall within subsection (3), and a company is not an appropriate person, unless--

(a) it is wholly owned by the Crown when the direction under this section is given, or

(b) it is a wholly owned subsidiary of a company which is wholly owned by the Crown when the direction under this section is given.

(6) Different directions may be given under this section to the same company; and different directions may be given to different companies.

(7) A company which is given a direction under this section must issue securities in accordance with it.

(8) Securities issued in pursuance of this section must be issued at such times and on such terms as the direction concerned specifies.

(9) Shares issued in pursuance of this section--

(a) must be of such nominal value as the direction concerned specifies, and

(b) must be issued as fully paid and treated for the purposes of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 as if they had been paid up by virtue of the payment to the issuing company of their nominal value in cash.

59 Securities: other provisions

(1) If a security is issued to a company in pursuance of section 49 or 58, for the purposes of its statutory accounts the value of the security when issued must be taken to have been equal to--

(a) its nominal value (if it is a share);

(b) the principal sum payable under it (if it is a debenture).

(2) The nominal value or principal sum mentioned above must be taken to be accumulated realised profits for the purposes of the company's statutory accounts.

(3) If a direction under section 49 or 58 requires a company to issue a debenture the direction may specify--

(a) the principal sum payable under the debenture;

(b) the terms as to the payment of the principal sum;

(4) The principal sum payable under the debenture, and the terms as to the payment of it and of interest on it, must be taken to be those so specified.

(5) Statutory accounts are accounts prepared by a company for the purpose of any provision of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 (including group accounts).

Miscellaneous

60 Enforcement of certain obligations

(1) An obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) is enforceable by civil proceedings by a person with whom the agreement is to be made or by any transferor or transferee.

(2) An obligation imposed by a provision included in a scheme by virtue of section 42(4)(b) is enforceable by civil proceedings by a person in whose favour the instrument is to be executed or by any transferor or transferee.

(3) The proceedings may be for an injunction or for interdict or for any other appropriate relief or remedy.

(4) A transaction effected in pursuance of an obligation mentioned in subsection (1) or (2)--

(a) is to have effect subject to the provisions of any enactment providing for transactions of the kind concerned to be registered in a statutory register, but

(b) subject to that, is to be binding on all other persons, even if it would otherwise require the consent or concurrence of any other person.

61 Special provisions about land

(1) For the purposes of this section these rights affecting land are relevant land rights--

(a) a right of reverter (or in Scotland the right of the fiar on the termination of a liferent);

(b) a right of pre-emption;

(d) a right of re-entry;

(e) a right of irritancy;

(f) an option;

(g) a right similar to anything falling within paragraphs (a) to (f).

(2) No relevant land right is to operate or become exercisable as a result of a transfer of land--

(a) under a transfer scheme,

(b) in consequence of anything done under Schedule 6, or

(3) In the case of a transfer mentioned in subsection (2) a relevant land right is to have effect as if--

(a) the person to whom the land is transferred were the same person in law as the person transferring the land, and

(b) no transfer of the land had taken place.

(4) Subsection (5) applies if--

(a) apart from subsections (2) and (3) a relevant land right would have operated in favour of a person or become exercisable by him, but

(b) the circumstances are such that in consequence of those subsections the right cannot subsequently operate in his favour or become exercisable by him (as the case may be).

(5) In such a case just compensation is payable to him by the person to whom the land is transferred or the person transferring it (or both) in respect of the right's extinguishment.

(6) A dispute about whether or how much compensation is payable or about the person to or by whom it is payable must be referred to and decided by--

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(7) If it appears to the person transferring the land that a person is or may be entitled to compensation he must--

(a) notify that person in writing that he is or may be entitled, and

(b) invite him to make representations to the person transferring the land, and to do so not later than the expiry of the period of 14 days starting with the date of issue of the notification.

(8) But if the person transferring the land is not aware of the name and address of the person concerned he must publish in such manner as he thinks appropriate a notice--

(a) containing information about the right affected, and

(b) inviting any person who thinks he is or may be entitled to compensation to make representations to the person transferring the land, and to do so within the period (not less than 28 days starting with the date of publication of the notice) specified in the notice.

(9) Subsections (2) and (3) apply in relation to the doing of any thing in relation to land (including the grant or creation of an estate or interest in it or right over it) as they apply in relation to a transfer of land; and a reference in this section to the person to whom the land is transferred or the person transferring it is to be construed accordingly.

62 Exercise of functions through nominees

(1) The Treasury or the Secretary of State with the Treasury's approval may for the purposes of section 49, 50 or 58 appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.

(2) In accordance with directions given from time to time by the Treasury or by the Secretary of State--

(a) securities may be issued under section 49 or 58 to a nominee of the Secretary of State appointed for the purposes of that section, and

(b) a nominee of the Treasury or the Secretary of State appointed for the purposes of section 50 may acquire securities under that section.

(3) A person holding any securities as a nominee of the Treasury or the Secretary of State by virtue of this section must hold and deal with them (or any of them) on such terms and in such manner as may be specified in directions given by the Treasury or the Secretary of State.

(4) A direction of the Secretary of State under subsection (2) or (3) requires the Treasury's consent.

63 Further provisions about transfer schemes

Schedule 6 contains provisions about transfer schemes.

64 Tax

Schedule 7 contains provisions about tax.

Interpretation

65 Interpretation

(1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter--

(a) company;

(b) company which wholly owns a company;

(d) company wholly owned by the Crown;

(e) a Northern Ireland Minister;

(f) securities;

(g) shares held by the Crown;

(h) subsidiary and wholly owned subsidiary;

(i) transferee;

(j) transferor.

(2) "Company" has the meaning given by section 735(1) of the [1985 c. 6.] Companies Act 1985 or Article 3 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.

(3) A company is wholly owned by the Crown at any time when all its shares are held by the Crown.

(4) Shares are held by the Crown if they are held--

(a) by a Minister of the Crown or his nominee,

(b) by a Northern Ireland Minister or his nominee,

(d) by a company of which all the shares are held by the Crown.

(5) "Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland.

(6) A company is wholly owned by the CAA at any time when it has no members except--

(a) the CAA and its wholly owned subsidiaries, or

(b) persons acting on behalf of the CAA or its wholly owned subsidiaries.

(7) A company which wholly owns another company is a company of which the other is a wholly owned subsidiary.

(8) The expressions "subsidiary" and "wholly owned subsidiary" have the meanings given by section 736 of the [1985 c. 6.] Companies Act 1985 or Article 4 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.

(9) "Securities" has the same meaning as in section 142 of the [1986 c. 60.] Financial Services Act 1986.

(10) A transferee is any person to whom anything is or is to be transferred by a scheme.

(11) A transferor is any person from whom anything is or is to be transferred by a scheme.

(12) The definitions in this section apply unless the contrary intention appears.

Chapter III Air navigation

66 Air navigation: directions

(1) The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in a managed area.

(2) No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA's air navigation functions.

(3) The Secretary of State may nominate a member of the CAA for the purposes of this section, and a person so nominated must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify.

(4) The following provisions are not to apply to the CAA's air navigation functions--

(a) section 7(1) of the [1982 c. 16.] Civil Aviation Act 1982 (Secretary of State's power to prescribe functions not to be performed by a person on CAA's behalf);

(b) paragraph 15 of Schedule 1 to that Act (CAA's power to authorise a person to perform functions on its behalf).

(5) A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection.

67 National security

(1) The Secretary of State may nominate a member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.

(2) Subsection (3) applies if--

(a) there is a difference of opinion between the national security nominee and the CAA,

(b) the difference of opinion relates to the CAA's air navigation functions, and

(c) the national security nominee thinks that if the CAA's opinion prevailed it could have an effect contrary to the interests of national security.

(3) In such a case--

(a) the CAA must refer the matter to the Secretary of State, and

(b) after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit.

(4) The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.

68 Directions: further provision

(1) Directions under section 66(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.

(2) The provision may include--

(a) provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;

(b) provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;

(3) If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c) he may give such directions to the CAA as he thinks fit.

69 Directions: supplementary

(1) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.

(2) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.

(3) If a direction is given under section 66(1) the CAA--

(a) must publish the direction in such manner as may be specified in regulations made by the Secretary of State;

(b) must set out the direction in the report made under section 21 of the [1982 c. 16.] Civil Aviation Act 1982 (annual report) for the accounting year in which the direction is given.

(4) If a direction is given under section 67(3) or section 68(3) the CAA--

(a) must set out the direction in the report made under section 21 of the [1982 c. 16.] Civil Aviation Act 1982 for the accounting year in which the direction is given, but

(b) must exclude a direction or part of a direction as to which the Secretary of State notifies the CAA that in his opinion it is against the national interest to set it out in the report.

70 General duty

(1) The CAA must exercise its air navigation functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) and (3).

(2) The CAA must exercise its air navigation functions in the manner it thinks best calculated--

(a) to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;

(b) to satisfy the requirements of operators and owners of all classes of aircraft;

(c) to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;

(d) to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section;

(e) to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;

(f) to take account of the interests of national security;

(g) to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification).

(3) If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

(4) The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.

(5) Section 4 of the [1982 c. 16.] Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the performance by the CAA of its air navigation functions.

71 Information for purposes of Chapter III

(1) The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which--

(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or

(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2) A requirement may be made under subsection (1)(b) only if the person is carrying on a business.

(3) No person may be required under this section--

(a) to produce documents which he could not be compelled to produce in civil proceedings in the court;

(b) to supply information which he could not be compelled to supply in such proceedings.

(4) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under subsection (1) the court may on the CAA's application make such order as the court thinks fit for requiring the default to be made good.

(7) An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne--

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(8) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

(9) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(10) A reference to the court is to--

(a) the High Court in relation to England and Wales or Northern Ireland;

(b) the Court of Session in relation to Scotland.

72 Interpretation

(1) This section applies for the purposes of this Chapter.

(2) The CAA's air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 66(1).

(3) These are managed areas--

(a) the United Kingdom;

(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to carry out activities with regard to air navigation.

Chapter IV Charges for air services

Charges

73 Charges for services

(1) The CAA may specify--

(a) the amounts of, or methods of calculating, the charges which are to be paid by virtue of this section in respect of chargeable air services (or of such descriptions of those services as the CAA specifies),

(b) the operators and owners of aircraft (or descriptions of such operators and owners) who are to pay the charges,

(d) the currencies in which they are to be paid.

(2) On or after making specifications under subsection (1) the CAA may stipulate--

(a) that charges are to be dispensed with in cases of specified descriptions;

(b) that interest at a specified rate is to be paid on charges in respect of any period in which they are due but unpaid;

(d) that charges of a specified description are payable elsewhere than in the United Kingdom;

(e) that charges of a specified description are to be disposed of in a specified way when received.

(3) Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).

(4) But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.

(5) If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.

(6) If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.

(7) If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.

(8) Subsections (3) to (7) have effect subject to section 74.

(9) For the purposes of subsection (1)(c) persons include--

(a) Eurocontrol and other international organisations, and

(b) governments of countries or territories outside the United Kingdom.

74 Publication, commencement, amendment and revocation

(1) If the CAA makes specifications or stipulations under section 73--

(a) it must publish a notice containing them;

(b) they become effective as provided in the published notice.

(2) The CAA may amend or revoke any specifications or stipulations published under this section, and--

(a) it must publish a notice containing any amendment or revocation;

(b) the amendment or revocation becomes effective as provided in the published notice.

(3) An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.

(4) Publication under this section must be made--

(a) in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or

(b) in such other manner as the Secretary of State may provide by order.

75 Specifications: supplementary

(1) This section applies for the purposes of specifications under section 73(1).

(2) The CAA may specify--

(a) different amounts or methods in respect of different descriptions of services;

(b) different amounts or methods in respect of different classes or descriptions of aircraft;

(3) In specifying amounts or methods the CAA must have regard to--

(a) tariffs which are approved under any international agreement to which the United Kingdom is a party;

(b) tariffs which in the CAA's opinion are likely to be approved under any such agreement before or within one month after the date when the specifications are to take effect;

(c) tariffs which in the CAA's opinion are likely to be approved, before or within one month after the date when the specifications are to take effect, under any international agreement to which the United Kingdom is likely to be a party before or within one month after that date.

(4) Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.

(5) A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.

(6) A description of operators and owners may be so general as to refer to all operators and owners.

(7) Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.

76 Liability, recovery etc

(1) Liability to pay a charge by virtue of section 73 arises whether or not--

(a) the aircraft concerned is registered in the United Kingdom;

(b) it is in the United Kingdom when the services concerned are provided;

(2) A charge payable by virtue of section 73 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).

(3) A court in any part of the United Kingdom has jurisdiction to hear and determine--

(a) a claim for a charge or interest payable by virtue of section 73;

(b) a claim, by a person appearing to the court to have an interest in the matter, that a charge which by virtue of that section must be disposed of in a particular way has not been disposed of in that way.

(4) Subsection (3) applies even if the person against whom the claim is made is not resident within the court's jurisdiction.

77 Chargeable air services

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