§ 2.34 p.m.
§ Lord Davies of Oldham rose to move, That the draft order laid before the House on 7 June be approved [21st Report from the Joint Committee].
§ The noble Lord said: My Lords, this is a technical order that seeks to make a minor correction to Section 44(10) of the Civil Aviation Act 1982.
§ Section 44 of the 1982 Act gives the Secretary of State powers to obtain, by order, rights over land to secure its safe and efficient use for civil aviation purposes. The Secretary of State may exercise those powers in relation to any land that is vested in, or will be acquired by, "relevant authority" as defined in Section 44(12) of the 1982 Act. As originally enacted, Section 44(7) prohibited interference with any works carried out on, or anything installed on, land subject to an order under Section 44. Section 44(10) sets out the penalties for contravening Section 44(7).
§ When National Air Traffic Services was established as a public/private partnership under the Transport Act 2000, Parliament agreed that it should be granted certain powers in relation to land, for example, compulsory purchase powers, and statutory undertaker status. In addition, the powers exercisable by the Secretary of State under Section 44 had to be amended and Section 44 subsections (6) and (7) of the 1982 Act were duly amended to include reference to the holder of an air traffic services licence.
§ The amendment to Section 44(7), however, was made in a way that divided the existing section into three parts: now subsections (7), (7A) and (7B). Section 44(7A) now contains the prohibition on interfering with any works or anything installed on land that is subject to an order under Section 44.
922§ Unfortunately, Section 44(10) was not amended at the same time and it still, regrettably, refers to Section 44(7). It is necessary to make this amendment so that the penalty in Section 44(10) can correctly attach to the prohibition in new Section 44(7A). This is what the Transport Act 2000 (Consequential Amendment) Order 2004 seeks to do.
§ The order is amending primary legislation, so it is only right that it must be subject to affirmative resolution. It is, however, doing no more than bringing other relevant legislation into conformity with the Transport Act 2000 and the policies agreed by this House during the passage of that Act. It is not paving the way for, or implementing, any new policies and it is not bestowing new or additional powers on NATS. I therefore hope that the House will now agree to the order. I beg to move.
§ Moved, That the draft order laid before the House on 7 June be approved [21st Report from the Joint Committee.]—(Lord Davies of Oldham.)