Civil Aviation Act 1982

JurisdictionUK Non-devolved
Citation1982 c. 16


Civil AviationAct 1982

1982 CHAPTER 16

An Act to consolidate certain enactments relating to civil aviation.

[27th May 1982]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Administration

Part I

Administration

The Secretary of State

The Secretary of State

S-1 Functions of Secretary of State.

1 Functions of Secretary of State.

(1) The Secretary of State shall continue to be charged with the general duty of organising, carrying out and encouraging measures for—

(a ) the development of civil aviation;

(b ) the designing, development and production of civil aircraft;

(c ) the promotion of safety and efficiency in the use thereof; and

(d ) research into questions relating to air navigation.

(2) Subsection (1) above shall not authorise the production of civil aircraft by the Secretary of State.

(3) The acquisition and disposal of aircraft, aero-engines and aviation equipment in discharge of the Secretary of State's duty under subsection (1) above shall be subject to the approval of the Treasury.

Constitution and functions of CAA

Constitution and functions of CAA

S-2 Constitution of CAA.

2 Constitution of CAA.

(1) There shall continue to be a body corporate called the Civil Aviation Authority (in this Act referred to as ‘the CAA’), which shall be constituted in accordance with the following provisions of this section.

(2) The CAA shall consist of not less than six nor more than twelve persons appointed by the Secretary of State to be members of the CAA; and the Secretary of State—

(a ) shall appoint one member to be the chairman of the CAA; and

(b ) may appoint not more than two other members to be deputy chairmen of the CAA.

(3) Schedule 1 to this Act shall have effect with respect to the CAA.

(4) It is hereby declared that the CAA is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of, or held on behalf of, the Crown.

S-3 Functions of CAA.

3 Functions of CAA.

3. The functions of the CAA shall be—

a ) the functions conferred on it by the following provisions of this Part of this Act
b ) the functions conferred on it by or under this Act with respect to the licensing of air transport, the licensing of the provision of accommodation in aircraft, the provision of air navigation services, the operation of aerodromes and the provision of assistance and information
c ) such functions as are for the time being conferred on it by or under Air Navigation Orders with respect to the registration of aircraft, the safety of air navigation and aircraft (including airworthiness), the control of air traffic, the certification of operators of aircraft and the licensing of air crews and aerodromes;
d ) such other functions as are for the time being conferred on it by virtue of this Act or any other enactment

and nothing in this Act relating to the CAA shall be construed as derogating from any power exercisable by virtue of any enactment whatsoever (including an enactment contained in this Act) to make an Order in Council or other instrument conferring a function on the CAA.

Regulation of performance by CAA of its functions

Regulation of performance by CAA of its functions

S-4 General objectives.

4 General objectives.

(1) It shall be the duty of the CAA to perform the functions conferred on it otherwise than by this section in the manner which it considers is best calculated—

(a ) to secure that British airlines provide air transport services which satisfy all substantial categories of public demand (so far as British airlines may reasonably be expected to provide such services) at the lowest charges consistent with a high standard of safety in operating the services and an economic return to efficient operators on the sums invested in providing the services and with securing the sound development of the civil air transport industry of the United Kingdom; and

(b ) to further the reasonable interests of users of air transport services.

(2) In subsection (1) above ‘British airline’ means an undertaking having power to provide air transport services and appearing to the CAA to have its principal place of business in the United Kingdom, the Channel Islands or the Isle of Man and to be controlled by persons who either are United Kingdom nationals or are for the time being approved by the Secretary of State for the purposes of this subsection.

S-5 Duty of CAA to consider environmental factors when licensing certain aerodromes.

5 Duty of CAA to consider environmental factors when licensing certain aerodromes.

(1) Subject to section 4 above, it shall be the duty of the CAA, in exercising any aerodrome licensing function in relation to any aerodrome to which this section applies, to have regard to the need to minimise so far as reasonably practicable—

(a ) any adverse effects on the environment, and

(b ) any disturbance to the public,

from noise, vibration, atmospheric pollution or any other cause attributable to the use of aircraft for the purpose of civil aviation.

(2) The reference in subsection (1) above to an aerodrome licensing function of the CAA is a reference to any function conferred on it by or under an Air Navigation Order with respect to the licensing of aerodromes.

(3) This section applies to any aerodrome in the United Kingdom specified in an order made by the Secretary of State for the purposes of this section; but the Secretary of State may not specify in any such order an aerodrome which is designated for the purposes of section 78 below.

S-6 Secretary of State's directions in national interest, etc.

6 Secretary of State's directions in national interest, etc.

(1) Without prejudice to subsection (2)(a ) below, the Secretary of State may, after consultation with the CAA, give it such directions of a general character as to the performance of its functions as he thinks it appropriate to give in the interests of national security; and in so far as any directions given in pursuance of this subsection conflict with the requirements of any enactment or instrument relating to the CAA, except section 63 below, those requirements shall be disregarded.

(2) The Secretary of State may, after consultation with the CAA, give it directions to do a particular thing which it has power to do or refrain from doing a particular thing, if the Secretary of State considers it appropriate to give such directions—

(a ) in the interests of national security; or

(b ) in connection with any matter appearing to him to affect the relations of the United Kingdom with a country or territory outside the United Kingdom; or

(c ) in order to discharge or facilitate the discharge of an obligation binding on the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement; or

(d ) in order to attain or facilitate the attainment of any other object the attainment of which is in his opinion appropriate in view of the fact that the United Kingdom is a member of an international organisation or a party to an international agreement; or

(e ) in order to enable the United Kingdom to become a member of an international organisation or a party to an international agreement; or

(f ) in order to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;

and in so far as any directions given in pursuance of this subsection conflict with the requirements of any enactment or instrument relating to the CAA, except section 63 below, those requirements shall be disregarded.

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