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Transport Act 2000 (c. 38)

(The document as of February, 2008)

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Transport Act 2000

2000 CHAPTER 38

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Air traffic

    1. Chapter I

      Air traffic services

      1. General duties

        1. 1. Secretary of State's general duty.

        2. 2. CAA's general duty.

      2. Restrictions

        1. 3. Restrictions on providing services.

        2. 4. Exemptions.

        3. 5. Licences: general.

        4. 6. Licences: grant.

        5. 7. Licences: provisions.

        6. 8. Duties of licence holders.

        7. 9. Power to exclude services from effect of section 8.

        8. 10. Breach of duties or conditions.

      3. Modification of licences

        1. 11. Modification by agreement.

        2. 12. References to Competition Commission.

        3. 13. Reports on references.

        4. 14. Modification following report.

        5. 15. Commission's power to give direction.

        6. 16. Position where Commission gives direction.

        7. 17. Commission's duty as to modifications under section 16.

        8. 18. Sections 15 and 16: general.

        9. 19. Modification by order under other enactments.

      4. Enforcement

        1. 20. Orders for securing compliance.

        2. 21. Exceptions.

        3. 22. Procedural requirements.

        4. 23. Validity of orders.

        5. 24. Effect of orders.

        6. 25. Power to obtain information.

      5. Administration orders etc.

        1. 26. Protection of licence companies etc.

        2. 27. Duty to make order.

        3. 28. Power to make order.

        4. 29. Air traffic administration orders.

        5. 30. Petitions and orders: supplementary.

        6. 31. Government financial help.

        7. 32. Guarantees under section 31.

        8. 33. Northern Ireland.

      6. Miscellaneous

        1. 34. Investigations.

        2. 35. Register.

        3. 36. Land.

        4. 37. Licence holders as statutory undertakers.

        5. 38. Directions in interests of national security etc.

        6. 39. Directions relating to the environment.

      7. Interpretation

    2. Chapter II

      Transfer schemes

      1. Introduction

        1. 41. Meaning of transfer scheme.

        2. 42. Transfer schemes: supplementary.

      2. CAA's schemes

        1. 43. Transfer schemes made by CAA.

        2. 44. Effect of scheme made by CAA.

      3. Secretary of State's schemes

        1. 45. Transfer schemes made by Secretary of State.

        2. 46. Information for purposes of section 45.

      4. Accounting provisions

        1. 47. Accounting provisions.

        2. 48. Accounting provisions: interpretation.

      5. Ownership of transferee companies

        1. 49. Issue of securities.

        2. 50. Government investment in securities.

        3. 51. Crown shareholding.

      6. Transferee companies: other provisions

        1. 52. Loans.

        2. 53. Guarantees.

        3. 54. Grants.

        4. 55. Trustee investments.

        5. 56. Shadow directors.

      7. Extinguishment of liabilities

        1. 57. Extinguishment of liabilities.

        2. 58. Securities to be issued.

        3. 59. Securities: other provisions.

      8. Miscellaneous

        1. 60. Enforcement of certain obligations.

        2. 61. Special provisions about land.

        3. 62. Exercise of functions through nominees.

        4. 63. Further provisions about transfer schemes.

        5. 64. Tax.

      9. Interpretation

        1. 65. Interpretation.

    3. Chapter III

      Air navigation

      1. 66. Air navigation: directions.

      2. 67. National security.

      3. 68. Directions: further provision.

      4. 69. Directions: supplementary.

      5. 70. General duty.

      6. 71. Information for purposes of Chapter III.

      7. 72. Interpretation.

    4. Chapter IV

      Charges for air services

      1. Charges

        1. 73. Charges for services.

        2. 74. Publication, commencement, amendment and revocation.

        3. 75. Specifications: supplementary.

        4. 76. Liability, recovery etc.

        5. 77. Chargeable air services.

        6. 78. Amounts for recovery etc.

        7. 79. Further duties of the CAA.

        8. 80. Secretary of State's duties.

      2. Miscellaneous

        1. 81. Records.

        2. 82. Offences.

        3. 83. Detention and sale.

      3. Interpretation

        1. 84. Interpretation.

    5. Chapter V

      Competition

      1. 85. Interpretation of Chapter V.

      2. 86. Functions exercisable by CAA and Director.

      3. 87. CAA's 1973 Act functions.

      4. 88. CAA's 1998 Act functions.

      5. 89. Carrying out functions.

    6. Chapter VI

      Miscellaneous and general

      1. Miscellaneous

        1. 90. Publication of information and advice.

        2. 91. Review and information.

        3. 92. Secretary of State's directions to CAA.

        4. 93. Control in time of hostilities etc.

        5. 94. Orders for possession of aerodromes etc.

        6. 95. Sections 93 and 94: interpretation.

        7. 96. Civil Aviation Authority Pension Scheme.

        8. 97. Amendments.

      2. General interpretation

        1. 98. Air traffic services.

        2. 99. The CAA.

      3. Other general provisions

        1. 100. Service of documents.

        2. 101. Making of false statements etc.

        3. 102. Disclosure of information.

        4. 103. Orders and regulations.

        5. 104. Directions.

        6. 105. Crown application.

        7. 106. The Crown: other provisions.

        8. 107. Extension outside United Kingdom.

  2. Part II

    Local transport

    1. Local transport plans and bus strategies

      1. 108. Local transport plans.

      2. 109. Further provision about plans.

      3. 110. Bus strategies.

      4. 111. Consultation and publicity about bus strategies.

      5. 112. Plans and strategies: supplementary.

      6. 113. Role of metropolitan district councils.

    2. Bus services: quality partnership schemes

      1. 114. Quality partnership schemes.

      2. 115. Notice and consultation requirements.

      3. 116. Making of scheme.

      4. 117. Postponement of scheme.

      5. 118. Effect of scheme.

      6. 119. Regulations about schemes involving existing facilities.

      7. 120. Variation or revocation of schemes.

      8. 121. Variation: supplementary.

      9. 122. Regulations about schemes.

      10. 123. Guidance about schemes.

    3. Bus services: quality contracts schemes

      1. 124. Quality contracts schemes.

      2. 125. Notice and consultation requirements.

      3. 126. Approval of proposed scheme.

      4. 127. Making of scheme.

      5. 128. Postponement of scheme.

      6. 129. Effect of scheme.

      7. 130. Tendering for quality contracts.

      8. 131. Exceptions from section 130.

      9. 132. Variation or revocation of scheme.

      10. 133. Regulations about schemes.

      11. 134. Transitional provision about schemes.

    4. Bus services: ticketing schemes

      1. 135. Joint and through ticketing schemes.

      2. 136. Notice and consultation requirements.

      3. 137. Making of scheme.

      4. 138. Effect of scheme.

    5. Bus services: provision of information

      1. 139. Information about bus services.

      2. 140. Duty of authority to make information available.

      3. 141. Bus information: supplementary.

    6. Bus services: miscellaneous

      1. 142. Traffic regulation conditions to reduce or limit pollution.

      2. 143. Power to obtain information about local services.

      3. 152. Agreements providing for service subsidies.

      4. 153. Competition test for exercise of bus functions.

      5. 154. Grants to bus service operators.

      6. 155. Penalties.

      7. 156. Non-metropolitan transport grants.

      8. 157. Grants to Passenger Transport Authorities.

      9. 158. Repayment of grants towards bus fuel duty.

      10. 159. Abolition of financial plans of Passenger Transport Executives.

    7. Supplementary

      1. 160. Part II: regulations and orders.

      2. 161. Part II: minor and consequential amendments.

      3. 162. Interpretation of Part II.

  3. Part III

    Road user charging and workplace parking levy

    1. Chapter I

      Road user charging

      1. Charging schemes

        1. 163. Preliminary.

        2. 164. Local charging schemes.

        3. 165. Joint local charging schemes.

        4. 166. Joint local-London charging schemes.

        5. 167. Trunk road charging schemes.

      2. Making of charging schemes

        1. 168. Charging schemes to be made by order.

        2. 169. Confirmation of charging schemes.

        3. 170. Charging schemes: consultation and inquiries.

      3. Contents of charging schemes

        1. 171. Matters to be dealt with in charging schemes.

        2. 172. Charging schemes: exemptions etc.

      4. Enforcement of charging schemes

        1. 173. Penalty charges.

        2. 174. Examination, entry, search and seizure.

        3. 175. Immobilisation etc.

      5. Supplementary

        1. 176. Equipment etc.

        2. 177. Traffic signs.

    2. Chapter II

      Workplace parking levy

      1. Licensing schemes

        1. 178. Preliminary.

        2. 179. Local licensing schemes.

        3. 180. Joint local licensing schemes.

        4. 181. Joint local-London licensing schemes.

        5. 182. Workplace parking places.

      2. Making of licensing schemes

        1. 183. Licensing schemes to be made by order.

        2. 184. Confirmation of licensing schemes.

        3. 185. Licensing schemes: consultation and inquiries.

      3. Contents of licensing schemes and licences

        1. 186. Matters to be dealt with in licensing schemes.

        2. 187. Licensing schemes: exemptions etc.

        3. 188. Licences.

      4. Enforcement of licensing schemes

        1. 189. Penalty charges.

        2. 190. Rights of entry.

    3. Chapter III

      General and supplementary

      1. 191. Financial provisions about schemes.

      2. 192. Powers of authorities.

      3. 193. Guidance.

      4. 194. Information.

      5. 195. Determination of disputes, appeals and evidence.

      6. 196. Crown application.

      7. 197. Part III: regulations and orders.

      8. 198. Interpretation of Part III.

      9. 199. Amendments of Greater London Authority Act.

      10. 200. Exemption from local non-domestic rating.

  4. Part IV

    Railways

    1. Chapter I

      The Strategic Rail Authority

      1. The Authority

        1. 201. The Authority.

        2. 202. Membership and chairing.

        3. 203. Other senior appointments.

        4. 204. Further provisions.

      2. Purposes, strategies and exercise of functions

        1. 205. Purposes.

        2. 206. Strategies.

        3. 207. Manner of exercise of functions.

        4. 208. Directions, guidance and advice by Scottish Ministers.

        5. 209. Directions, guidance and advice: supplementary.

        6. 210. Validity of transactions.

      3. Securing provision of railway services and assets etc.

        1. 211. Financial assistance etc.

        2. 212. Securing of services by franchising.

        3. 213. Limited additional powers to provide railway services.

        4. 214. Securing provision of substitute bus and taxi services.

      4. Functions of Franchising Director, Regulator and Board

        1. 215. Assumption of functions of Franchising Director.

        2. 216. Assumption of certain functions of Regulator.

        3. 217. Assumption of Board's functions relating to transport police.

        4. 218. Functions relating to Board's property.

      5. Other powers

        1. 219. Power to make bye-laws.

        2. 220. Power to make transfer schemes.

        3. 221. Power to promote and oppose Bills.

        4. 222. Other incidental powers.

    2. Chapter II

      Other provisions about railways

      1. Directions to provide etc. railway facilities

        1. 223. Regulator's power to require provision etc. of railway facilities.

      2. Objectives of Regulator and Secretary of State

        1. 224. Amendment of objectives.

      3. Enforcement regime

        1. 225. Penalties.

        2. 226. Orders for securing compliance.

      4. Consultative committees

        1. 227. Renaming of committees.

        2. 228. Extension of functions.

        3. 229. Financial and procedural changes.

      5. Access agreements

        1. 230. Regulator's general approvals of access agreements etc.

        2. 231. Review of access charges by Regulator.

        3. 232. Amendment of access agreements.

        4. 233. Prospective facility owners, proposed facilities etc.

      6. Closures

        1. 234. Transfer of Regulator's functions to Secretary of State.

        2. 235. Publication of proposed closures at stations.

        3. 236. Conditions.

        4. 237. Closure of unnecessary track to be minor closure.

        5. 238. General determinations of minor closures.

        6. 239. Operator's duty to continue.

      7. The Board

        1. 240. Transfer of Board's property etc. to Secretary of State.

        2. 241. Winding down and abolition of Board.

      8. Competition

        1. 242. Licence modifications following Competition Commission report.

        2. 243. Competition functions of Regulator.

      9. Pensions

        1. 244. Authority's duty to continue Board's practice of indexation.

        2. 245. Amendments of pension protection provisions.

      10. Miscellaneous

        1. 246. Passenger Transport Executives.

        2. 247. Standards.

        3. 248. Substitute services to be suitable for disabled passengers.

        4. 249. Freight assistance by Scottish Ministers and Welsh Assembly.

        5. 250. Taxation of transfers.

        6. 251. Abolition of requirements for Treasury approval.

    3. Chapter III

      Supplementary

      1. 252. Part IV: minor and consequential amendments.

      2. 253. Part IV: transitionals and savings.

      3. 254. Interpretation of Part IV.

  5. Part V

    Miscellaneous and supplementary

    1. Charges for street works on highway

      1. 255. Charge for whole duration of works.

      2. 256. Charges where works unreasonably prolonged.

    2. Driver training and driving instructors

      1. 257. Compulsory driver training courses.

      2. 258. Register of approved instructors: destination of appeals.

      3. 259. Taking effect of decisions about instructors.

      4. 260. Training and instructors: minor and consequential amendments.

    3. Licensing of operators of goods vehicles

      1. 261. Increase of fine for breach of obligation to hold operator's licence.

      2. 262. Detention of vehicle used without operator's licence.

      3. 263. Addition of specified vehicles to operator's licence.

    4. Type approvals: exemptions

      1. 264. Type approval: individual exemptions.

    5. Licensing of private hire vehicles

      1. 265. Vehicles subject to regulation as private hire vehicles.

    6. Enforcement of requirements relating to drivers' hours

      1. 266. Power to prohibit driving of vehicle.

    7. Appeals relating to London service permits

      1. 267. London service permits: appeals.

    8. Quiet lanes and home zones and rural road speed limits

      1. 268. Quiet lanes and home zones.

      2. 269. Report on rural road speed limits.

    9. School crossing patrols

      1. 270. School crossing patrols.

    10. Stands etc. for bicycles or motor cycles

      1. 271. Stands etc. for bicycles or motor cycles.

    11. Financial assistance: inland waterway and sea freight

      1. 272. Financial assistance for inland waterway and sea freight.

    12. Supplementary

      1. 273. Offences: general.

      2. 274. Repeals and revocations.

      3. 275. Commencement.

      4. 276. Transitionals and savings.

      5. 277. Power to make amendments.

      6. 278. Financial provision.

      7. 279. Extent.

      8. 280. Short title.

  6. Schedules:

    1. Schedule 1

      Air traffic administration orders: general.

      1. Part I

        Modifications of 1986 Act.

      2. Part II

        Other provisions.

    2. Schedule 2

      Air traffic administration orders: schemes.

    3. Schedule 3

      Air traffic administration orders: Northern Ireland.

    4. Schedule 4

      Licence holders: land.

    5. Schedule 5

      Licence holders as statutory undertakers.

    6. Schedule 6

      Transfer schemes.

    7. Schedule 7

      Transfer schemes: tax.

    8. Schedule 8

      Amendments about air traffic.

      1. Part I

        Licences.

      2. Part II

        Air navigation services.

      3. Part III

        Charges.

      4. Part IV

        Competition.

      5. Part V

        Hostilities etc.

    9. Schedule 9

      Air traffic: information.

    10. Schedule 10

      Competition test for exercise of bus functions.

    11. Schedule 11

      Minor and consequential amendments about local transport.

    12. Schedule 12

      Road user charging and workplace parking levy: financial provisions.

    13. Schedule 13

      Amendments of Schedules 23 and 24 to Greater London Authority Act.

    14. Schedule 14

      Strategic Rail Authority.

      1. Part I

        Members and staff.

      2. Part II

        Funding.

      3. Part III

        Financial framework and information.

      4. Part IV

        Procedure.

      5. Part V

        Consequential amendments.

    15. Schedule 15

      Financial assistance: transfers to SRA.

    16. Schedule 16

      Transfer to SRA of Franchising Director's functions.

    17. Schedule 17

      Transfers to SRA from Rail Regulator.

      1. Part I

        Functions relating to licences.

      2. Part II

        Other functions.

      3. Part III

        Associated property, rights and liabilities.

    18. Schedule 18

      Transfer to SRA of BR's functions relating to transport police.

      1. Part I

        Functions.

      2. Part II

        Associated property, rights and liabilities.

    19. Schedule 19

      Transfer to SRA of BR's property etc.

    20. Schedule 20

      SRA bye-laws.

    21. Schedule 21

      Transfer schemes by SRA.

    22. Schedule 22

      Renaming of rail users' consultative committees.

      1. Part I

        Amendments of Railways Act 1993.

      2. Part II

        Amendments of other enactments.

    23. Schedule 23

      Finances and procedures of rail users' consultative committees.

    24. Schedule 24

      Review of access charges by Regulator.

    25. Schedule 25

      Transfer of BR's property etc. to Secretary of State.

    26. Schedule 26

      Transfers: tax.

      1. Part I

        Interpretation.

      2. Part II

        Transfers to SRA from Franchising Director, Secretary of State and Regulator.

      3. Part III

        Transfers from BR to SRA.

      4. Part IV

        Transfers to Secretary of State from SRA and BR.

      5. Part V

        Transfers from SRA to franchise company.

      6. Part VI

        Transfers of franchise assets.

      7. Part VII

        Other provisions concerning transfers.

    27. Schedule 27

      Minor and consequential amendments about railways.

    28. Schedule 28

      Transitionals and savings about railways.

    29. Schedule 29

      Driver training and driving instructors: minor and consequential amendments.

    30. Schedule 30

      Detention of vehicles used without operator's licence.

    31. Schedule 31

      Repeals and revocations.

      1. Part I

        Air traffic.

      2. Part II

        Local transport.

      3. Part III

        Road user charging and workplace parking levy.

      4. Part IV

        Railways.

      5. Part V

        Miscellaneous.

An Act to make provision about transport.

[30th November 2000]

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:--



Part I Air traffic

Chapter I Air traffic services

<<<< >>>>

General duties

1 Secretary of State's general duty

(1) The Secretary of State must exercise his functions under this Chapter 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) to (5).

(2) The Secretary of State must exercise his functions under this Chapter in the manner he thinks best calculated--

(a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;

(b) to promote efficiency and economy on the part of licence holders;

(c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences.

(3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

(4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.

(5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the Secretary of State must apply them in the manner he thinks is reasonable having regard to them as a whole.

(6) The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.

(7) This section does not apply to the exercise of the Secretary of State's functions under section 38.

2 CAA's general duty

(1) The CAA must exercise its functions under this Chapter 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) to (5).

(2) The CAA must exercise its functions under this Chapter in the manner it thinks best calculated--

(a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;

(b) to promote efficiency and economy on the part of licence holders;

(c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences;

(d) 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);

(e) 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.

(3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

(4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.

(5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

(6) The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.

(7) 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 functions under this Chapter.



Restrictions

3 Restrictions on providing services

(1) A person commits an offence if he provides air traffic services in respect of a managed area.

(2) But subsection (1) is subject to subsections (3) to (5).

(3) Subsection (1) does not apply if the person--

(a) is authorised by an exemption to provide the services, or

(b) acts as an employee or agent of a person who is authorised by an exemption to provide the services.

(4) Subsection (1) does not apply if the person--

(a) holds a licence authorising him to provide the services, or

(b) acts as an employee or agent of a person who is authorised by a licence to provide the services.

(5) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).

(6) For the purposes of this section--

(a) air traffic services are to be treated as provided at the place from which they are provided;

(b) air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided.

(7) A person who commits an offence under this section is liable--

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

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

(8) No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of--

(a) the Secretary of State, or

(b) the CAA acting with his consent.

4 Exemptions

(1) The Secretary of State may by order grant an exemption authorising the provision of air traffic services in respect of a managed area.

(2) An exemption--

(a) may be granted to a particular person or to persons of a specified description or to all persons;

(b) may be granted in respect of air traffic services of one or more specified descriptions;

(c) may be granted in respect of air traffic services provided in specified circumstances;

(d) may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area);

(e) may be granted subject to such conditions as may be specified.

(3) An exemption granted to persons of a specified description must be published in such manner as the Secretary of State thinks appropriate for bringing it to the attention of persons of that description.

(4) An exemption continues in force for the period specified in or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.

5 Licences: general

(1) A licence may be granted to a company authorising it to provide air traffic services in respect of a managed area.

(2) A licence--

(a) may be granted in respect of air traffic services of one or more specified descriptions;

(b) may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area).

(3) A licence is not valid unless it is in writing.

(4) A licence is not valid unless it is granted to a company which is--

(a) limited by shares and formed and registered under the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986, or

(b) an existing company within 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.

(5) A licence continues in force for the period specified in it or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.

(6) A licence may not be transferred.

6 Licences: grant

(1) A licence may be granted by--

(a) the Secretary of State after consulting the CAA,

(b) the CAA with the consent of the Secretary of State, or

(c) the CAA in accordance with a general authority given by the Secretary of State.

(2) A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise).

(3) An application for a licence--

(a) must be made in the prescribed manner;

(b) must contain or be accompanied by prescribed information;

(c) must be accompanied by the application fee (if any);

(d) must, if the licence authority requires, be published by the applicant in the prescribed manner and within a period notified to it by the licence authority.

(4) On an application the licence authority may grant or refuse the licence.

(5) Before granting or refusing a licence the licence authority must--

(a) publish a notice in such manner as the authority thinks appropriate for bringing it to the attention of persons likely to be affected by the grant or refusal,

(b) serve a copy of the notice on the applicant, and

(c) consider any representations made in accordance with the notice (and not withdrawn).

(6) The notice must--

(a) state either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case) the reasons for so proposing, and

(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed grant or refusal.

(7) As soon as practicable after granting a licence the grantor must send a copy--

(a) to the CAA, if the grantor is the Secretary of State;

(b) to the Secretary of State, if the grantor is the CAA.

(8) The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3--

(a) the requirement to consult imposed by subsection (1)(a);

(b) the requirements imposed by subsection (3);

(c) the requirements imposed by subsections (5) and (6).

(9) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).

(10) The application fee is--

(a) the prescribed fee, if the licence authority is the Secretary of State;

(b) the charge determined under a scheme or regulations made under section 11 of the [1982 c. 16.] Civil Aviation Act 1982, if the licence authority is the CAA.

(11) "Prescribed" means prescribed by regulations made by the Secretary of State.

7 Licences: provisions

(1) A licence may include such provisions as the licence authority thinks are necessary or expedient; and a provision need not relate to services authorised by the licence.

(2) In particular, provision of the following kinds may be included--

(a) provision requiring the licence holder to enter into an agreement for a purpose specified in the licence and provision for determining the terms of the agreement;

(b) provision requiring the licence holder to comply with any requirements imposed at any time (by directions or otherwise) by a person with respect to any matter specified, or of a description specified, in the licence;

(c) provision requiring the licence holder, except in so far as a person consents to its doing or not doing them, not to do or to do such things as may be specified, or of a description specified, in the licence;

(d) provision requiring the licence holder to refer to a person for approval or determination such matters as may be specified, or of a description specified, in the licence.

(3) A reference in subsection (2) to a person is to--

(a) a person specified, or of a description specified, in the licence for the purpose concerned, or

(b) if the licence so provides, a person nominated for the purpose concerned by a person falling within paragraph (a);

and any of those persons may be the licence authority or some other person.

(4) A licence may include provisions requiring a payment on its grant or payments during its currency (or both)--

(a) of an amount or amounts specified in the licence or determined by or under it;

(b) to a person or persons specified in the licence or determined by or under it.

(5) A provision relating to the modification of a licence is to have effect in addition to the provisions of this Chapter regarding modification.

(6) Such provisions as the licence authority thinks fit may be expressed as conditions.

(7) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).

8 Duties of licence holders

(1) While a licence is in force its holder--

(a) must secure that a safe system for the provision of authorised air traffic services in respect of a licensed area is provided, developed and maintained;

(b) must take all reasonable steps to secure that the system is also efficient and co-ordinated;

(c) must take all reasonable steps to secure that the demand for authorised air traffic services in respect of a licensed area is met;

(d) must have regard, in providing, developing and maintaining the system, to the demands which are likely to be placed on it in the future.

(2) A licensed area is an area in respect of which the licence authorises its holder to provide air traffic services.

(3) Authorised services are services of the description specified in the licence as the description of services which the holder of the licence is authorised to provide.

(4) For the purposes of subsection (1)(a) a system for the provision of services is safe if (and only if) in providing the services the person who provides them complies with such requirements as are imposed by Air Navigation Orders with regard to their provision.

(5) An Air Navigation Order is an Order in Council under section 60 of the [1982 c. 16.] Civil Aviation Act 1982.

9 Power to exclude services from effect of section 8

(1) If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder.

(2) A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area.

(3) A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.

10 Breach of duties or conditions

(1) No action is to lie in respect of a failure by a licence holder to perform--

(a) a duty imposed by section 8;

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