Rule of Law: the Experience of Uzbekistan
The public dividend capital of the British Airways Board (referred to below in this Part of this Act as “the Board”) shall be reduced by virtue of this section by the sum of £160 million, and any entitlement of the Secretary of State and any liability of the Board in respect of the Board’s public dividend capital shall be correspondingly reduced.
References in this Part of this Act to the public dividend capital of the Board are references to the capital amount for the time being outstanding in respect of payments to the Board under section 7(1) of the Act of 1977 (including payments deemed to have been made under section 7(1) by virtue of section 8(b) or 14(1)(b) of that Act).
Nothing in subsection (1) above shall be taken as affecting any arrangements made by the Board before the passing of this Act for the payment of any sums to the Secretary of State in consideration of the reduction of the public dividend capital of the Board by virtue of this section; and any sums received by the Secretary of State in pursuance of any such arrangements shall be paid into the Consolidated Fund.
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On the appointed day all the property, rights, liabilities and obligations to which the Board was entitled or subject immediately before that day shall (subject to the following provisions of this section and section 5(1) of this Act) become by virtue of this section property, rights, liabilities and obligations of a company nominated for the purposes of this section by the Secretary of State (referred to below in this Part of this Act as “the successor company”).
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Any agreement made, transaction effected or other thing done by, to or in relation to the Board which is in force or effective immediately before the appointed day shall have effect on and after that day as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as the Board; and accordingly references to the Board— shall be taken on and after the appointed day as referring to the successor company.
in any agreement (whether or not in writing) and in any deed, bond or other instrument;
in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority; and
in any other document whatsoever relating to or affecting any property, right, liability or obligation of the Board which vests by virtue of this section in the successor company;
Section 1(3) of this Act shall continue to apply to any sums received in pursuance of any such arrangements as are there mentioned after those arrangements become binding on the successor company by virtue of this section.
Schedule 1 to this Act contains specific provisions with respect to the effect in certain respects of the vesting of the property, rights, liabilities and obligations of the Board in the successor company by virtue of this section; but nothing in those provisions shall be taken as prejudicing the general effect of the preceding provisions of this section.
References in this Part of this Act to property, rights, liabilities and obligations of the Board are references to all such property, rights, liabilities and obligations, whether or not capable of being transferred or assigned by the Board.
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It is hereby declared for the avoidance of doubt that—
any reference in this Part of this Act to property of the Board is a reference to property of the Board whether situated in the United Kingdom or elsewhere; and
any such reference to rights, liabilities or obligations of the Board is a reference to rights to which the Board is entitled, or (as the case may be) liabilities or obligations to which the Board is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.
As a consequence of the vesting in the successor company by virtue of section 3 of this Act of all the property, rights, liabilities and obligations of the Board, the successor company shall issue— such shares in the company as the Secretary of State may direct.
to the Secretary of State; or
to any person appointed as the Secretary of State’s nominee under subsection (4) below; or
to any person entitled to require the issue of the shares in question following their initial allotment to the Secretary of State or to any such nominee;
Shares required to be issued in pursuance of this section shall be issued or allotted at such time or times and on such terms (as to allotment) as the Secretary of State may direct.
Shares issued in pursuance of this section—
shall be of such nominal value as the Secretary of State may direct; and
shall be issued as fully paid and treated for the purposes of the the Companies Act 2006 as if they had been paid up by virtue of the payment to the successor company of their nominal value in cash.
The Secretary of State may appoint such person or persons as he thinks fit to act as his nominees for the purposes of this section; and any person holding any shares or rights acquired by virtue of this section as a nominee of the Secretary of State shall hold and deal with them (or any of them) on such terms and in such manner as the Secretary of State may direct.
The Secretary of State may not dispose of any shares issued or of any rights to shares initially allotted to him in pursuance of this section, appoint any person as his nominee or give any directions for the purposes of this section without the consent of the Treasury.
Any dividends or other sums received by the Treasury or the Secretary of State in right of or on the disposal of any shares or rights acquired by virtue of this section shall be paid into the Consolidated Fund.
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Subject to paragraph 2 of Schedule 2 to this Act, any entitlement of the Secretary of State and any liability of the Board in respect of the public dividend capital of the Board shall be extinguished immediately before the appointed day; and the aggregate nominal value of the shares in the successor company issued in pursuance of section 4 of this Act shall be equal to the amount of the public dividend capital immediately before that day.
For the purposes of any statutory accounts of the successor company, the value of any asset and the amount of any liability of the Board vesting in that company on the appointed day shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the successor company in accordance with section 8(8) or (9) of this Act in respect of the Board’s final accounting period.
In subsection (2) above the reference to the Board’s final accounting period is a reference—
to the Board’s final accounting year, if that year ends with the day immediately preceding the appointed day; and
in any other event, to the period mentioned in section 8(9) of this Act.
For the purposes of any statutory accounts of the successor company the amount to be included in respect of any item shall be determined as if anything done by the Board (whether by way of acquiring, revaluing or disposing of any assets or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company. Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included from time to time in any reserves of the successor company as representing its accumulated realised profits available for distribution shall be determined as if any profits realised and retained by the Board had been realised and retained by the successor company.
References in this section to the statutory accounts of the successor company are references to any accounts prepared by the successor company for the purposes of any provision of the the Companies Act 2006 (including group accounts).
The Secretary of State may at any time—
subscribe for or acquire ordinary voting shares in the successor company; or
take up or acquire securities of the successor company which are convertible into or carry rights to subscribe for ordinary voting shares; or
acquire rights to subscribe for any such shares; or
direct any person acting as his nominee for the purposes of section 4 of this Act to take the action mentioned in paragraph (a), (b) or (c) above in relation to such shares, securities or rights so mentioned as he may direct.
The Treasury may at any time take, or direct any person acting as their nominee to take, any such action as is mentioned in subsection (1)(a), (b) or (c) above.
In subsection (1) above “ordinary voting shares” means shares in the company which—
carry voting rights at general meetings of the company; and
carry a right to participate in any distribution (whether of dividends or of capital) without limit as to amount (but the right to participate in distributions need not extend to a dividend declared out of profits earned during any period falling wholly or partly before the date of acquisition of the shares).
Any nominee of the Treasury or the Secretary of State who acquires any shares or other securities or rights by virtue of this section shall hold and deal with them (or any of them) on such terms and in such manner as the Treasury or, as the case may be, the Secretary of State may direct.
Any shares, securities or rights acquired by virtue of this section shall be paid for out of moneys provided by Parliament; and any dividends or other sums received by the Treasury or the Secretary of State in right of, or on the disposal of, any such shares, securities or rights shall be paid into the Consolidated Fund.
The Secretary of State may not acquire any shares, securities or rights by virtue of this section or dispose of any shares, securities or rights so acquired, or give any directions for the purposes of this section, without the consent of the Treasury.
As soon as any shares in the successor company are held otherwise than by or on behalf of the Crown, the Secretary of State shall by order made by statutory instrument fix a target investment limit in relation to the shares for the time being held in that company by the Secretary of State or his nominees (referred to below in this section as “the Government shareholding”).
The target investment limit—
shall be expressed as a proportion of the voting rights exercisable at general meetings of the successor company; and
shall be equal to the proportion of those voting rights which is carried by the Government shareholding at the time when the order fixing the limit is made.
It shall be the duty of the Treasury and the Secretary of State so to exercise— as to secure that the Government shareholding does not carry a proportion of the voting rights exercisable at general meetings of the successor company exceeding the target investment limit.
their powers under section 6 of this Act and their power to dispose of any shares held by them; and
their power to give directions to their nominees;
Notwithstanding subsection (3) above, the Treasury or the Secretary of State may— but if as a result the Government shareholding at any time exceeds the target investment limit it shall be the duty of the Treasury and the Secretary of State to comply with subsection (3) as soon after that time as is reasonably practicable.
take up, or direct any nominee of theirs or his to take up, any rights for the time being available to them or him, or to that nominee, as an existing holder of shares in or securities of the successor company or as an existing holder of a right to subscribe for any such shares;
exercise or direct any nominee of theirs or his to exercise any right to subscribe for such shares;
Only one order shall be made under this section, and the statutory instrument containing it shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to the following provisions of this section and to the transitional provisions contained in Schedule 2 to this Act, the enactments mentioned in Part I of Schedule 3 to this Act shall cease to have effect on the appointed day to the extent specified in column 3 of that Part.
Where notwithstanding the provisions of section 3 of this Act any steps remain to be taken after the appointed day to secure that the vesting in the successor company by virtue of that section of any foreign property, right, liability or obligation of the Board is effective under the relevant foreign law— until the Board is dissolved in accordance with subsection (7) below.
the Board shall continue in existence after the appointed day notwithstanding subsection (1) above; and
section 1 of and Schedule 1 to the Act of 1977 (excluding paragraphs 7 to 10, 14 and 15) shall continue to have effect in relation to the constitution and proceedings of the Board;
During any period after the appointed day when the Board’s existence is preserved by virtue of subsection (2) above (referred to below in this section as “the transitional period”) it shall be the duty of the Board and of the successor company (subject to subsection (4) below) to take all such steps as may be requisite to secure that the vesting in the successor company of any foreign property, right, liability or obligation of the Board is effective under the relevant foreign law.
The time of performance of the duties imposed on the Board and the successor company under subsection (3) above in the case of any particular property, right, liability or obligation shall be determined by the successor company in the light of any commercial factors which appear to it to be relevant to the timing of any steps required to secure effective vesting under the relevant foreign law in that case.
The Board shall have all such powers as may be requisite for the performance of its duty under subsection (3) above; but it shall be the duty of the successor company to act on behalf of the Board (so far as possible) in the performance of that duty.
Any expenses incurred by the Board in performing its duty under subsection (3) above shall be met by the successor company; and any rights, liabilities and obligations acquired or incurred by the Board during the transitional period shall become rights, liabilities and obligations of the successor company after the dissolution of the Board in accordance with subsection (7) below.
If the Board continues in existence after the appointed day by virtue of subsection (2) above the Secretary of State may by order made by statutory instrument dissolve the Board on a day specified in the order, as soon as he is satisfied that nothing further remains to be done by the Board under subsection (3) above.
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that period were an accounting year of the Board; and
references in those sections to the Board were references to the successor company.
References in this section to any foreign property, right, liability or obligation of the Board are references respectively to—
property of the Board situated in a country or territory outside the United Kingdom; and
any right to which the Board is entitled or (as the case may be) any liability or obligation to which it is subject under the law of any such country or territory.
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For the purpose of applying paragraph 3(b) of Part IV of Schedule 1 to the Trustee Investments Act 1961 (which provides that shares and debentures of a company shall not count as wider-range and narrower-range investments respectively within the meaning of that Act unless the company has paid dividends in each of the five years immediately preceding that in which the investment is made) in relation to investment in shares or debentures of the successor company during the calendar year in which the appointed day falls (" the first investment year ") or during any year following that year, the successor company shall be deemed to have paid a dividend as there mentioned—
in any year preceding the first investment year which is included in the relevant five years ; and
in the first investment year, if that year is included in the relevant five years and the successor company does not in fact pay such a dividend in that year.
In subsection (1) above " the relevant five years " means the five years immediately preceding the year in which the investment in question is made or proposed to be made.
In this Part of this Act—
" the Act of 1977 " means the British Airways Board Act 1977 ;
" appointed day " means such day as the Secretary of State may appoint by order made by statutory instrument after consulting the Board and the Treasury ;
“appointed day” means such day as the Secretary of State may appoint by order made by statutory instrument after consulting the Board and the Treasury;
" the Board " has the meaning given by section 1(1) of this Act;
“the Board” has the meaning given by section 1(1) of this Act;
" relevant overseas territory " means any of the Channel Islands, the Isle of Man, any colony and any country or place outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction.
“modifications” includes additions, omissions and amendments; and
References in this Part of this Act to the public dividend capital of the Board shall be construed in accordance with section 1(2) of this Act.
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In time of war, whether actual or imminent, or of great national emergency, the Secretary of State may by order made by statutory instrument require that— shall be placed at the disposal of the Secretary of State.
the whole or any part of the relevant undertaking of any British air transport business; or
all or any property or rights of or under the control of any such business which appertain to that undertaking ;
References in this section to a British air transport business are references to any person or body appearing to the Secretary of State to have his or its principal place of business in the United Kingdom whose business includes the provision of commercial air transport services; and in relation to any such business "the relevant undertaking" in subsection (1)(a) above means that part of its undertaking which consists of the provision of commercial air transport services. In this subsection " commercial air transport services " means services for the carriage by air of passengers or cargo (including mail) for hire or reward.
While an order under this section is in force with respect to any British air transport business, the Secretary of State may give to the persons managing that business such directions as he thinks fit for conducting, managing or dealing with any part of its undertaking, or any property or rights, placed at his disposal by virtue of the order; and it shall be the duty of those persons to comply with those directions.
An order under this section may, for the purpose of securing compliance with its provisions, provide for the imposition—
on summary conviction, of a fine not exceeding the statutory maximum; and
on conviction on indictment, of a fine or imprisonment for a term not exceeding two years or both.
In subsection (4) above, " the statutory maximum" means— and for the purposes of the application of this definition in Northern Ireland the provisions of the Magistrates' Courts Act 1980 which relate to the sum mentioned in paragraph (a) above shall extend to Northern Ireland.
in England and Wales and Northern Ireland, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or another sum fixed by order under section 143(1) of that Act to take account of changes in the value of money); and
in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (that is to say, £1,000 or another sum fixed by order under section 289D of that Act for that purpose);
Any order under this section may provide for the detention of aircraft to secure compliance with the order, and may make such further provision as appears to the Secretary of State to be necessary or expedient for securing such detention.
Any person who suffers direct injury or loss owing to the operation of an order under this section shall be entitled to receive compensation from the Secretary of State of which the amount shall be fixed, in default of agreement, by the appropriate tribunal; and the principles of the Land Compensation Act shall, with the necessary modifications, apply where possession is taken of any land.
In subsection (7) above—
in relation to England and Wales, "the appropriate tribunal" means the Lands Tribunal and " the Land Compensation Act" means the Land Compensation Act 1961;
in relation to Scotland, "the appropriate tribunal" means the Lands Tribunal for Scotland and " the Land Compensation Act" means the Land Compensation (Scotland) Act 1963 ; and
in relation to Northern Ireland, "the appropriate tribunal" means the Lands Tribunal for Northern Ireland and "the Land Compensation Act" means the Acquisition of Land (Assessment of Compensation) Act 1919.
For subsection (2) of section 4 of the Act of 1971 (power of Secretary of State over property, etc., of Civil Aviation Authority in case of emergency) there shall be substituted the following subsection—
Any expense incurred by the Secretary of State in the exercise of his powers under this section shall be paid out of moneys provided by Parliament.
Until the coming into force of the Magistrates' Courts Act 1980 any reference in subsection (5) above to any provision of that Act shall be construed as a reference to the corresponding provision of the Criminal Law Act 1977.
In section 3(1) of the Act of 1971 (which provides the Civil Aviation Authority with certain general objectives in performing its functions), for the words from the beginning of paragraph (b) to " paragraphs " in paragraph (d) there shall be substituted the words " and (b) ".
Subsections (2) and (3) of that section (which give the Secretary of State power to give guidance to the Authority with respect to the performance of its functions) shall cease to have effect.
After that section there shall be inserted the following section-—.
The following section shall be inserted after section 23 of the Act of 1971—.
In section 24 of the Act of 1971—
subsection (2) (which contains provisions relating to guidance given by the Secretary of State under section 3) shall cease to have effect; and
at the end of subsection (6) (duties of the Authority to which the Secretary of State is to have regard in determining appeals) after the words " section 3 " there shall be inserted the words " and section 23A ".
This section, and the repeal of section 24(2) of the Act of 1971 provided for in Schedule 3 to this Act, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; but the day appointed under this section must be later than the date of publication of the first statement of the policies of the Civil Aviation Authority under section 13 of this Act.
It shall be the duty of the Civil Aviation Authority to publish from time to time a statement of the policies it intends to adopt in performing its functions under sections 21 to 24 of the Act of 1971.
The first statement under this section shall be published not later than the end of the period of six months beginning with the date on which this section comes into operation.
If the Secretary of State considers it appropriate to do so, he may by notice in writing require the Authority to publish a statement of the policy it intends to adopt with respect to any particular matter in performing those functions (or any of them); and it shall be the duty of the Authority to publish any statement required by a notice under this subsection within six months of the date of the notice.
The Secretary of State may require the Authority to publish a statement of the policy it intends to adopt in relation to any of its functions under section 23A of the Act of 1971 notwithstanding that section 12 of this Act is not yet in force.
Before publishing any statement under this section the Authority shall consult such persons as appear to it to be representative respectively—
of the civil air transport industry of the United Kingdom ; and
of users of air transport services.
The report made by the Authority under section 20 of the Act of 1971 (annual reports to the Secretary of State) in respect of any accounting year of the Authority shall incorporate any statements published by the Authority under this section during that year.
The manner of publication of any statement under this section shall be as the Authority may determine.
For section 8 of the Act of 1971 (borrowing powers) there shall be substituted the following section—.
The following section shall be inserted in the Act of 1971 after section 24—.
The following section shall be inserted in the Act of 1971 after section 29A—.
In consequence of the provision made by subsection (1) above— shall cease to have effect.
in section 29(11) the definition of "designated aerodrome "; and
in section 29A(1) the words "within the meaning of section 29 of this Act", "further" and "than can be given by virtue of that section " ;
For subsection (1) of section 36 of the Act of 1971 (disclosure of information) there shall be substituted the following subsections—; and subsection (1A) of that section (inserted by paragraph 6(9)(c) of Schedule 1 to the Civil Aviation Act 1978) shall be renumbered as (1B).
The consent of the Secretary of State shall no longer be required with respect to the numbers and remuneration of officers and servants appointed by the Civil Aviation Authority under paragraph 12 of Schedule 1 to the Act of 1971 or with respect to the terms of any contract of employment with the Authority ; and accordingly, in that paragraph— shall cease to have effect.
the words from " with" to " remuneration" in sub-paragraph (1); and
sub-paragraphs (2) to (4);
The Authority shall, in the case of such of its employees as it may determine, pay such pensions, allowances or gratuities to or in respect of them as it may determine, make such payments towards the provision of such pensions, allowances or gratuities as it may determine or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as it may determine.
Section 4 of the Civil Aviation (Eurocontrol) Act 1962 (charges for air navigation services) shall be amended in accordance with the following provisions of this section.
In subsection (1) (power to impose charges for air navigation services) for the words " regulations under this section " there shall be substituted the words " regulations under this subsection ".
The following subsections shall be inserted after subsection UA)—.
In subsection (2) (liability for air navigation charges)—
for the words " under this section " there shall be substituted the words " under subsection (1) of this section "; and
for the words " those services " there shall be substituted the words " the navigation services ".
In subsection (3) (determination of charges)—
for the words " any such regulations as aforesaid" there shall be substituted the words " any regulations under this section "; and
in paragraph (b), after the words " at such rates " there shall be inserted the words " or of such amounts ".
In section 4(3) of the Land Compensation Act 1973 (which requires the benefit of certain works to be taken into account in assessing the exetent of depreciation of a claimant’s interest due to the use of certain public works, including aerodromes)—
at the end of paragraph (a) there shall be inserted the following words “ or under any peovision of a scheme operated by a person managing an aerodrome which provides for the payment of soud-proofing grants in respect of buildings near the aerodrome ”; and
at the end of the subsection there shall be added the following paragraph— “ in paragraph (a) above “sound-proofing grants” in relation to any buildings means grants towards the cost of insulating those buildingd or parts of those buildings against noise. ”
Amendments cooresponding to those made by subsection (1) above shall be made— (which respectively make provision for Scotland and Northern Ireland corresponding to that made for England and Wales by the provision amended by subsection (1).
in section 4(3) of the Land Compensation (Scotland) Act 1973 ; and
in Article 7(3) of the Land Acquisition and Compensation (Northern Ireland) Order 1973 ;
For section 10(1) of the Act of 1949 there shall be substituted the following subsection—; and (without prejudice to section 17 (2) (6) of the Interpretation Act 1978) any regulations made by virtue of the proviso to section 10(1) by the Secretary of State and the Board of Trade acting jointly which are in force at the passing of this Act shall have effect as if made by the Secretary of State under section 10(1) as amended by this section.
After section 10(1) there shall be inserted the following subsection—
In section 10(2)(a), for the word " aforesaid " there shall be substituted the words " is mentioned in subsection (l)(a) of this section ".
For section 10(2)(b) there shall be substituted the following paragraph—.
In section 10(2)(c)—
after the word " investigation" (in the second place where it occurs) there shall be inserted the words " or for the purpose of determining whether an investigation should be held ";
after the word " remove " there shall be inserted the word " test "; and
at the end there shall be added the words " and any other aircraft ".
After section 10(2) there shall be added the following subsection—.
In section 10(3) for the words " fifty pounds " there shall be substituted the words " one thousand pounds ".
In section 23 of the Civil Aviation Act 1968 (provisions relating to aircraft accidents) for subsection (4) there shall be substituted the following subsection—.
The following provisions of this section contain amendments for the purpose of extending the power of the Secretary of State to give a direction under section 9(1) of the Protection of Aircraft Act 1973 to a person who is or appears to the Secretary of State to be about to become the manager of any aerodrome in the United Kingdom.
In subsection (1) of section 9—
for the words from " any person " to " operator " there shall be substituted the words " the manager of any aerodrome in the United Kingdom ";
for the words " the aircraft" in the first place where they occur there shall be substituted the words " any aircraft to which the direction relates "; and
for the words " the aircraft" in the second and third places where they occur there shall be substituted the words " any such aircraft ".
In subsection (2) of section 9 the words from " or to " to " operator " shall cease to have effect.
After subsection (5) of section 9 there shall be inserted the following subsection—.
In subsection (6) of section 9, for the words " an operator of aircraft" there shall be substituted the words " any person ".
For subsection (7) of section 9 there shall be substituted the following subsection—.
After section 13 of the Protection of Aircraft Act 1973 there shall be inserted the following section—
In section 18(6) of that Act (references to directions in certain provisions to include directions with respect to air navigation installations), after the word "sections" there shall be inserted " 13A ".
In section 25 of that Act (service of documents), for the words "direction or" there shall be substituted the words " any document containing a direction and any ".
The powers of the British Airports Authority under section 2 of the Airports Authority Act 1975 (which sets out the Authority's functions) shall include power (whether alone or in association with other persons)— but its duty under subsection (8) of that section shall not apply in relation to the management and administration of any aerodrome outside Great Britain.
to provide or assume the management of any aerodrome outside Great Britain ; and
to provide services or facilities which are in the Authority's opinion necessary or desirable for the operation of aerodromes outside Great Britain ;
The Authority shall not, by virtue of subsection (1) above* exercise any power to provide or assume the management of any aerodrome or to provide services or facilities except— This subsection does not affect the power of the Authority to provide services by virtue of subsection (5) of section 2 (provision of technical advice or assistance, including research services, as respects any matter in which the Authority has skill or experience), notwithstanding that the services also fall within subsection (1)(b) above.
with the consent in writing of the Secretary of State; and
if the exercise of that power involves capital expenditure by the Authority, or the guaranteeing by the Authority of any liability, with the consent of the Secretary of State given with the approval of the Treasury.
It is hereby declared that— and accordingly references in subsection (2)(b) above to the Authority include references to any such body.
the power of the Authority under subsection (5) of section 2 includes power to provide the advice or assistance there mentioned for any person outside Great Britain; and
the Authority may exercise any of its powers under that section in relation to aerodromes or persons outside Great Britain through a body corporate in which it has a direct or indirect financial interest;
Any consent under this section may be given subject to such conditions as the Secretary of State thinks fit.
References in the Airports Authority Act 1975 to aerodromes owned or managed by the Authority shall not apply to aerodromes outside Great Britain.
In section 17 of the Airports Authority Act 1975 (which deals with the acquisition by the British Airports Authority of land and rights over land), the following subsection shall be inserted after subsection (1)—.
provide for requiring charges to be paid in respect of any such property before it is re-delivered; and
provide for authorising the disposal of any such property if it is not re-delivered before the expiration of such period as may be specified in the byelaws.
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“the successor company” has the meaning given by section 3(1) of this Act.
“the Act of 1977” means the British Airways Board Act 1977;
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There shall be paid out of moneys provided by Parliament—
any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums payable under any other Act out of moneys so provided.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications (if any) as may be specified in the Order, to any relevant overseas territory.
In subsection (1) above,—
“share” includes stock; and
“relevant overseas territory” means any of the Channel Islands, the Isle of Man, any colony and any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction.
This Act may be cited as the Civil Aviation Act 1980.
This Act, except sections 24 and 25, extends to Northern Ireland.
Where immediately before the appointed day there is in force an agreement which— the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Board in question.
confers or imposes on the Board any rights, liabilities or obligations which vest in the successor company by virtue of section 3 of this Act; and
refers (in whatever terms and whether expressly or by implication) to a member or officer of the Board;
Any service which immediately before the appointed day was required by section 12(5) of the Civil Aviation Act 1978 to be treated for the purposes of a scheme maintained under that section (pension schemes) as if it were service as an employee of the Board shall be treated as service as an employee of the successor company for the purposes of any relevant pension arrangements. Any provision made by the Board under paragraph 8 or 10 of Schedule 1 to the Act of 1977 (pensions, allowances or gratuities to or in respect of members of the Board or the air corporations) which by virtue of section 3(3) of this Act has effect as if made by the successor company shall be maintained by the successor company. For the purposes of any relevant pension arrangements— References in this paragraph to relevant pension arrangements are references to any arrangements for the payment of pensions, allowances or gratuities which by virtue of section 3(3) of this Act have effect as if made by the successor company and any further arrangements made by the successor company for corresponding purposes.
Where an asset, or the right to receive an asset, vests in the successor company by virtue of section 3 of this Act, then for the purposes of Part I of the Industry Act 1972— In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 and “approved capital expenditure” has the same meaning as in that Part of that Act.
Subsections (2) to (4) of section 6 of the Act of 1977 (provisions with respect to loans made to the Board by the Secretary of State under section 6(1)) shall continue to apply in relation to any loan made to the Board by the Secretary of State under that section in respect of which any outstanding liability of the Board becomes a liability of the successor company by virtue of section 3 of this Act.
Section 5(1) of this Act shall not operate to extinguish any liability of the Board to make any payment in pursuance of section 7(2) of the Act of 1977 (payments in consideration of public dividend capital) in respect of a period falling before the appointed day, and subsections (2) to (4) of section 7 shall continue to apply in relation to any such liability. An amount may be fixed in pursuance of section 7(2) in respect of any such liability after it becomes a liability of the successor company by virtue of section 3 of this Act; but section 7(2) shall have effect in relation to any such case as if references to the Board were references to the successor company.
Subsections (2) to (5) of section 11 of the Act of 1977 (provisions with respect to Treasury guarantees under section 11(1) of certain obligations of the Board) shall continue to apply in relation to any guarantee given, or having effect as if given, by the Treasury under that section with respect to a liability of the Board which becomes a liability of the successor company by virtue of section 3 of this Act, but as if the references in subsection (3) of that section to the Board were references to the successor company.
Sections 8(1) and 28.
Chapter Short title Extent of repeal 12, 13 & 14 Geo. 6. c. 67. The Civil Aviation Act 1949. Section 15. Section 16(3) In section 56, the words from “or on” to “British Airways Board”. 1971 c. 75. The Civil Aviation Act 1971. In paragraph 15 of Schedule 10, the words “and the British Airways Board”. 1975 c. 24 The House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the British Airways Board. 1975 c. 25 The Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the British Airways Board. 1975 c. 71. The Employment Protection Act 1975. In Schedule 16, paragraph 5 of Part IV. 1977 c. 13. The British Airways Board Act 1977. The whole Act. 1978 c. 8. The Civil Aviation Act 1978. Section 5(3). Section 12. In Schedule 1, paragraph 8.
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