HL Deb 23 July 1973 vol 344 cc1545-7

[No. 15]

After Clause 17, insert the following new clause—

Application of provisions of Part II to air navigation installations

"(1) Sections 8, 10, 11, 12, 13 and 17 of this Act shall have effect in relation to air navigation installations in the United Kingdom in accordance with the following provisions of this section.

(2) In relation to any such air navigation installation which does not form part of an aerodrome, those sections shall have effect as if in them any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference to the authority responsible for such an air navigation installation.

(3) Where an air navigation installation forms part of an aerodrome in the United Kingdom, those sections shall have effect as if in them any reference to an aerodrome were a reference either—

  1. (a) to an aerodrome, or
  2. (b) to an air navigation installation which forms part of an aerodrome, or
  3. (c) to so much of an aerodrome as does not consist of an air navigation installation;
and accordingly a notice under section 8 or a direction under section 10 or section 11 of this Act may be served or given either in respect of the whole of the aerodrome, or in respect of the air navigation installation separately, or in respect of so much of the aerodrome as does not consist of an air navigation installation.

(4) For the purposes of the service of a notice or the giving of a direction under section 8, section 10 or section 11 of this Act as modified by subsection (3) of this section, where the notice is to be served or the direction given in respect of an air navigation installation separately, and for the purposes of the operation of section 13(6) of this Act in relation to a direction so given, any reference in any of those sections to the manager of the aerodrome shall be construed as a reference to any person who is either the manager of the aerodrome or the authority responsible for the air navigation installation.

(5) A direction under section 11 of this Act, as applied or modified by the preceding provisions of this section, may be given to the authority responsible for one or more air navigation installations so as to relate either—

  1. (a) to all air navigation installations in the United Kingdom for which it is responsible at the time when the direction is given or at any subsequent time, or
  2. (b) only to one or more such air navigation installations, or to a class of such air navigation installations, specified in the direction.

(6) In sections 14(1) and 15(1) of this Act any reference to a direction given under a provision therein mentioned shall be construed as including a reference to a direction given under that provision as applied or modified by the preceding provisions of this section.

(7) Notwithstanding anything in subsection (2)(a) of section 17 of this Act, a person inspecting an air navigation installation under that section (or under that section as applied or modified by the preceding provisions of this section) shall not be empowered thereby to test any apparatus or equipment which constitutes or forms part of the air navigation installation."

LORD DRUMALBYN

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 15. This new clause is the most important in the series of 16 Amendments, of which we have already dealt with three: Nos. 2, 3 and 14. The purpose of this and the associated Amendments is to extend Part II of the Bill to cover air navigation installations. They thus fulfil the undertaking which I gave during Report stage and on the Third Reading of the Bill in this House. With your Lordships' permission, I shall speak to this Amendment and to Amendments Nos. 16, 17, 18 and 21 to 26 inclusive, and also to Nos. 28, 29 and 32. This Amendment brings air navigation installations generally under the provisions of Clauses 8, 9, 10, 11, 12, 13 and 17. I do not think that your Lordships will wish to have this explained in detail, but if there are any points which any noble Lord wishes to ask me, I shall be happy to answer them. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Drumalbyn.)

LORD BESWICK

My Lords, I am not raising any points, but should simply like to say that for my part I appreciate the care with which the noble Lord and his colleagues listened to the discussion we had. I am glad to see that they have been able to amend the Bill in this respect.

LORD DRUMALBYN

My Lords, I am much obliged to the noble Lord.