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AERODROMES ACT (NORTHERN IRELAND) 1971

AERODROMES ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to make provision with respect to aerodromes and for
purposes connected therewith.
[20th May 1971]
General duty of Ministry with respect to aerodromes.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 1

1. It shall be the duty of the Ministry of Development (in this
Act referred to as "the Ministry") to promote the provision,
development and maintenance of aerodromes in Northern Ireland and to
exercise and perform all such functions as are conferred on it by
this Act or by any other statutory provision in respect of
aerodromes in Northern Ireland.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 2
Compulsory acquisition of land.

2.(1) Where an aerodrome undertaking is unable to acquire by
agreement on terms which it considers reasonable any estate in land
which appears to it to be reasonably necessary for the purposes of
an aerodrome it may apply to the Ministry for an order (in this
section referred to as a "vesting order") vesting that estate in
the undertaking.

(2) On an application to it under subsection (1) the Ministry may
make a vesting order vesting in the undertaking

(a)the whole of the land specified in the application or such part
thereof as may be specified in the vesting order; or

(b)the estate in the land specified in the application or such
lesser estate in that land or in any portion or portions thereof
as may be specified in the vesting order.

(3) Section 34(7) of and Schedule 5 to the Roads Act (Northern
Ireland) 1948 shall, subject to the modifications thereof specified
in Schedule 1, apply in relation to the acquisition of land under
this section as they apply in relation to the acquisition of land
under section 34(4) of that Act.

(4) Where an aerodrome undertaking proposes to make an application
to the Ministry for a vesting order in respect of any land, any
person authorised in writing by the undertaking may at all
reasonable times, on producing, if so required, evidence of his
authority in that behalf, enter upon any of that land in order to
make a survey for the purpose of determining whether the application
should be made but no admission by virtue of this subsection shall
be demanded as of right to any land which is occupied unless
twenty-four hours' notice of the intended entry has been served on
the occupier.

(5) Any person who wilfully obstructs a person authorised as
aforesaid in the exercise of any power conferred by subsection (4)
shall be guilty of an offence and be liable on summary conviction
to a fine not exceeding #100.

(6) Where any land is damaged in the exercise of a power of entry
conferred in pursuance of an authority given under subsection (4) or
in the making of any survey for the purpose of which any such
power of entry has been so conferred, the aerodrome undertaking by
which the authority was given shall pay such compensation to the
persons interested in the land as may be just; and where any
dispute arises as to whether compensation is payable under this
subsection, or as to the amount of any such compensation or as to
the persons to whom it is payable, the dispute shall be referred
to and determined by the Lands Tribunal.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 3
Carrying out and maintenance of works by the Ministry.

3.(1) Where on representations made to it by an aerodrome
undertaking the Ministry is satisfied that for the purposes of
maintaining, operating or developing the aerodrome it is reasonably
necessary to carry out or maintain any works on the aerodrome or
on land in the vicinity of the aerodrome, the Ministry may enter
upon the aerodrome or land and there carry out or maintain those
works on behalf of the aerodrome undertaking.

(2) Subject to subsection (3), the Ministry shall, before exercising
with respect to any land in the vicinity of an aerodrome the
powers conferred by subsection (1), give reasonable notice in writing
to the occupier of that land and to the owner, if the owner is
known.

(3) Nothing in subsection (2) shall restrict the right of the
Ministry to enter upon land or carry out works in a case of an
emergency or for the purpose of performing any functions which are
required to be performed from time to time in connection with the
maintenance or use of any works.

(4) The ownership of any works carried out by the Ministry under
this section shall not be affected by reason only that they are
placed on or under, or affixed to, any land.

(5) Any person who, without the consent of the Ministry, wilfully
interferes with any works carried out by the Ministry under this
section shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding #200 or to imprisonment
for a term not exceeding six months or to both.

(6) Every person who wilfully obstructs any person in the exercise
of any power conferred on the Ministry by the foregoing provisions
of this section shall be guilty of an offence and be liable on
summary conviction to a fine not exceding #100.

(7) Proceedings for an offence under this section shall not be
instituted except by or with the consent of the Ministry or by the
Attorney-General.

(8) Where any land is damaged in the exercise of the power of
entry conferred by this section or in the carrying out or
maintenance of works under this section or has diminished in value
in consequence of the carrying out of those works, the Ministry
shall pay such compensation to the persons interested in the land
as may be just; and where any dispute arises as to whether
compensation is payable under this subsection, or as to the amount
of any such compensation or as to the persons to whom it is
payable, the dispute shall be referred to and determined by the
Lands Tribunal.

(9) Where for the purpose of assessing the amount of any
compensation payable under this section the value of any land is
required to be determined, that value shall be determined in
accordance with rules (2) to (4) of section 2 of the Acquisition
of Land (Assessment of Compensation) Act 1919.

(10) The Ministry may recover from an aerodrome undertaking all, or
such part as the Ministry thinks fit, of the expenditure incurred
by the Ministry under this section in or in connection with the
carrying out or maintaining of works on the aerodrome or on land
in the vicinity of the aerodrome.

(11) In this section "works" includes structures and apparatus.

(12) For the purposes of this section land may be treated as being
in the vicinity of an aerodrome if works carried out or proposed
to be carried out or maintained on the land may affect the
maintenance, operation or development of the aerodrome.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 4
Power to exercise control over land.

4.(1) Where on representations made to it by an aerodrome
undertaking the Ministry is satisfied that it is reasonably necessary
to do so in order to secure the safe and efficient use of an
aerodrome, the Ministry may by order declare that any area of land
specified in the order shall be subject to control by directions
given in accordance with the provisions of this section.

(2) Where an order under subsection (1) is in force, the Ministry
may, in pursuance of any general or special authority given by the
order, give directions

(a)for prohibiting the erection within the area, except with the
consent of the Ministry given either generally or subject to
conditions, of any buildings or structures or of buildings or
structures of such descriptions as may be specified in the
directions;

(b)for requiring the total or partial demolition of any building or
structure within the area to which the order relates;

(c)for restricting the height of trees upon any land within the
area, or for requiring any tree upon any such land to be cut down
or reduced in height;

(d)for extinguishing any private right of way over land within the
area;

(e)for restricting the installation of cables, mains, pipes, wires or
other apparatus upon, across, under or over any land within the
area;

(f)for extinguishing, at the expiration of such period as may be
determined by the directions, any subsisting right of installing or
maintaining any such apparatus as aforesaid upon, across, under or
over any land within the area;

(g)for requiring that, before the expiration of such period as may
be determined by the directions, any such apparatus shall be removed
from any land within the area.

(3) An order under subsection (1) may contain such consequential,
incidental and supplemental provisions as appear to the Ministry to
be necessary or expedient for the purposes of the order, including,
in particular, provisions for appeal by any person aggrieved by a
direction under this section or by a decision of the Ministry under
the order, and, in addition to and not in derogation of the
provisions in Part II of Schedule 2, provisions for the payment of
compensation by the Ministry or by the aerodrome undertaking in
relation to which the order is made and for the recovery by the
Ministry from the aerodrome undertaking of compensation paid in
certain circumstances by the Ministry and provisions for empowering
any person authorised in that behalf by the Ministry, to remove,
pull down, cut down, or alter so as to bring into conformity with
the requirements of any directions given under the order, any
building, structure, tree or apparatus which contravenes those
requirements.

(4) An order made under subsection (1) shall be subject to
affirmative resolution.

(5) Before making any order under subsection (1), the Ministry shall
consult every [district council] within the area of which the whole
or any part of the area of land to which the proposed order will
relate is situated and shall publish in at least one newspaper
circulating in the area to which the order will relate a notice
describing the area and stating the general effect of the proposed
order.

(6) The provisions of Schedule 2 shall have effect with respect to
directions given under an order made under this section.

(7) An order under subsection (1) shall be included amongst the
matters which are required to be registered in the Statutory Charges
Register and accordingly .... residue amends sch. 11 to 1970 c.18
(NI)

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 5
Control of traffic in interests of safety of aircraft.

5.(1) Where on representations made to it by an aerodrome
undertaking the Ministry is satisfied that in the interests of the
safety of aircraft using the aerodrome the traffic on a road
(including a private road) should be regulated or restricted, the
Ministry may by order made subject to negative resolution provide
for the regulation, whether by means of signals, barriers or
otherwise, of traffic on that road or restrict the use of that
road by vehicles of such classes or descriptions as may be
specified in the order.

(2) An order under this section may provide that a constable
appointed under section 11 shall have the like powers, privileges
and duties in relation to the road specified in the order as he
has in relation to the aerodrome for which he was appointed.

(3) Any person contravening, or using a vehicle or causing or
permitting a vehicle to be used in contravention of, an order made
under this section shall be guilty of an offence and be liable on
summary conviction to a fine not exceeding #50.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 6
Indication of presence of obstructions near aerodromes.

6.(1) Where on representations made to it by an aerodrome
undertaking the Ministry is satisfied, with respect to any building,
structure or erection in the vicinity of the aerodrome that, in
order to avoid danger to aircraft flying in that vicinity in
darkness or conditions of poor visibility, provision ought to be
made (whether by lighting or otherwise) for giving to such aircraft
warning of the presence of that building, structure or erection, the
Ministry may, by order made subject to negative resolution, authorise
(subject to any conditions specified in the order) the aerodrome
undertaking

(a)to execute, instal, maintain, operate, and, as occasion requires,
to repair and alter, such works and apparatus as may be necessary
for enabling such warning to be given in the manner specified in
the order, and

(b)so far as may be necessary for exercising any of the powers
conferred by the order to enter upon and pass over (with or
without vehicles) any such land as may be specified in the order.

(2) The Ministry shall, before making any order under subsection
(1), publish, in such manner as the Ministry thinks best for
informing persons concerned, notice of the proposal to make the
order and of the place where copies of the draft order may be
obtained free of charge, and take into consideration any
representations with respect to the order which may, within such
period not being less than two months after the publication of the
notice as may be specified therein, be made to the Ministry by any
person appearing to it to have an estate in any land which would
be affected by the order; and at the end of that period the order
may, subject to the provisions of this section, be made with such
modifications, if any, of the original draft as the Ministry thinks
proper.

(3) Every order under subsection (1) shall require the aerodrome
undertaking to which the order relates to pay to any person having
an estate in any land affected by the order such compensation for
any loss or damage which that person may suffer in consequence of
the order as may, in default of agreement, be determined by the
Lands Tribunal and, for the purposes of this subsection, any expense
reasonably incurred in connection with the lawful removal of any
apparatus installed in pursuance of such an order, and so much of
any expense incurred in connection with the repair, alteration,
demolition or removal of any building, structure or erection to
which such an order relates as is attributable to the operation of
the order, shall be deemed to be loss or damage suffered in
consequence of the order.

(4) The ownership of anything shall not be taken to be affected by
reason only that it is placed on or under, or affixed to, any
land in pursuance of an order under subsection (1); and (subject to
the provisions of subsection (6)) so long as any such order in
respect of an aerodrome is in force, no person shall, except with
the consent of the aerodrome undertaking, wilfully interfere with any
works or things which, to the knowledge of that person, are works
or things executed, placed or affixed on, under or over any land
in pursuance of the order.

(5) If any person contravenes the provisions of subsection (4), he
shall be guilty of an offence and be liable, on summary conviction,
to a fine not exceeding #200 or to imprisonment for a term not
exceeding six months or to both; and every person who wilfully
obstructs a person in the exercise of any of the powers conferred
by an order under subsection (1) shall be guilty of an offence and
be liable, on summary conviction, to a fine not exceeding #100.

(6) Nothing in this section shall operate, in relation to any
building, structure or erection, so as to restrict the doing of any
work for the purpose of repairing, altering, demolishing or removing
the building, structure or erection where

(a)notice of the doing of that work is given as soon as may be
to the aerodrome undertaking; and

(b)the giving of warning of the presence of the building, structure
or erection in the manner provided by any order under this section
in force in relation thereto is not interrupted.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 7
Power to stop up and divert roads.

7.(1) Where on representations made to it by an aerodrome
undertaking the Ministry is satisfied that it is reasonably necessary
to do so for the purposes of establishing, developing, maintaining
or operating an aerodrome, the Ministry may by order [stop up or
divert] any road.

(2) An order under this section may provide for all or any of the
following matters, that is to say

(a)... the provision or improvement of any road so far as the
Ministry thinks such provision or improvement necessary or desirable
in consequence of any such stopping up or diversion as aforesaid;

Para.(b) rep. by SRO (NI) 1973/285

(c)for directing that any road to be provided or improved in
consequence of the stopping up or diversion of a trunk road under
the order shall itself be a trunk road for all or any of the
purposes of the enactments relating to trunk roads;

(d)for the retention or removal of any cables, mains, pipes, wires
or similar apparatus placed along, across, over or under any road
stopped up or diverted under the order, and for the extinguishment,
modification or preservation of any rights as to the use or
maintenance of that apparatus;

(e)if any road is to be provided or improved under the order, for
authorising or requiring the provision of any such apparatus as
aforesaid along, across, over or under that road, in lieu of any
apparatus removed from a road in pursuance of the order, and for
conferring rights as to the use or maintenance of apparatus so
provided;

(f)for requiring the Ministry or any other specified authority or
person to pay, or to make contributions in respect of, the cost of
doing any work provided for by the order or any increased
expenditure to be incurred which is ascribable to the doing of any
such work.

(3) An order under this section may contain such consequential,
incidental and supplemental provisions as appear to the Ministry to
be necessary or expedient for the purposes of the order.

(4) An order made under this section shall be subject to
affirmative resolution.

(5) The powers of the Ministry under this section shall include
power to make an order [to stop up or divert] any road which is
temporarily stopped up or diverted under any other enactment; and
the provisions of this section shall not prejudice any power
conferred upon the Ministry by any other enactment [to stop up or
divert] a road.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 8
Power of district councils to provide aerodromes.

8.(1) A [district council] may, with the consent of the Ministry
and subject to such conditions as the Ministry may impose, establish
and maintain aerodromes, and provide and maintain in connection
therewith roads, approaches, apparatus, equipment and buildings and
other accommodation.

(2) A [district council] may, for the purpose of exercising any of
the powers conferred on the [council] by subsection (1), acquire
land by agreement or compulsorily in accordance with section 2 which
for this purpose shall have effect as if references to an aerodrome
undertaking included references to a [district council].

(3) For the avoidance of doubt it is hereby declared that one of
the purposes for which a [district council] may acquire land under
this section is the purpose of securing that the land adjacent to
the site of an aerodrome which the [district council] have
established, or are about to establish, shall not be used in such
manner as to cause interference with, or danger or damage to,
aircraft using the aerodrome.

(4) The powers conferred on a [district council] by the foregoing
provisions of this section shall be exercisable by that [council]
outside, as well as within, their area.

(5) Where any land is held by a [district council] for any purpose
for which land may be acquired under this section, the [district
council] shall not, without the consent of the Ministry, appropriate
that land for any other purpose or dispose of the land in any
way.

(6) Without prejudice to the provisions of subsection (5) where a
[district council] hold any land solely for the purpose of securing
that it shall not be used in such manner as to cause interference
with, or danger or damage to, aircraft using an aerodrome of the
[district council, the district council] may sell the land subject
to such conditions as the [district council] think necessary to
secure that the land will not be so used.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 9
Power to carry on ancillary businesses.

9. If the Ministry is satisfied, with respect to any aerodrome
provided by a [district council] under section 8 that it is
necessary or expedient that the [district council] should be
empowered to carry on in connection with the aerodrome any
particular business, being a business which appears to the Ministry
to be ancillary to the carrying on of an aerodrome but which the
[council] would not otherwise have power to carry on, the Ministry
may authorise that [district council], subject to such conditions, if
any, as the Ministry may think fit, to carry on that business in
connection with the aerodrome.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 10
Power of aerodrome undertaking to make byelaws.

10.(1) An aerodrome undertaking may make byelaws for regulating the
use and operation of the aerodrome and the conduct of persons while
within the aerodrome, and in particular byelaws

(a)for securing the safety of aircraft, vehicles and persons using
the aerodrome and preventing danger to the public arising from the
use and operation of the aerodrome;

(b)for preventing obstruction within the aerodrome;

(c)for regulating vehicular traffic anywhere within the aerodrome and
in particular for imposing speed limits on vehicles therein and for
restricting or regulating the parking of vehicles or their use for
any purpose or in any manner specified in the byelaws;

(d)for prohibiting waiting by vehicles plying for hire except at
standings designated by such person as may be specified in the
byelaws;

(e)for prohibiting or restricting access to any part of the
aerodrome;

(f)for preserving order within the aerodrome and preventing damage to
property therein;

(g)for regulating or restricting advertising within the aerodrome;

(h)for requiring any person, if so requested by a constable or
aerodrome official, to leave the aerodrome or any particular part of
it, or to state his name and address and the purpose of his being
on the aerodrome;

(i)for defining the area which is to be taken as constituting the
aerodrome for the purposes of the byelaws.

(2) Byelaws made under this section may provide that a person
contravening them shall be guilty of an offence and be liable on
summary conviction to a fine not exceeding #50 for each offence and
in the case of a continuing offence to a further fine not
exceeding #5 for each day after written notice of the offence from
the aerodrome undertaking.

(3) Byelaws made under this section shall not have any force or
effect unless and until they have been confirmed by the Ministry
and such byelaws shall be published in such manner as the Ministry
may direct.

(4) The production of a written or printed copy of any byelaws
made under this section, sealed with the common seal of the
aerodrome undertaking, shall be sufficient evidence of such byelaws
in any prosecution instituted thereunder.

(5) Byelaws, rules and regulations in force in relation to any
aerodrome or aerodrome undertaking immediately before the commencement
of this Act shall, in so far as they are not inconsistent with
any provision of this Act, be treated as byelaws made under this
section and shall continue in force until varied or revoked by
byelaws so made.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 11
Appointment of constables for an aerodrome.

11.(1) An aerodrome undertaking authorised in that behalf by the
Ministry of Home Affairs may appoint any person employed by the
undertaking to be a constable on the aerodrome.

(2) Every person appointed under subsection (1) shall on his
appointment make a declaration before a justice of the peace to
execute the office of a constable on the aerodrome for which he
was appointed, and, when he has made the declaration, he shall on
that aerodrome have the powers and privileges and be liable to the
duties and responsibilities of a constable.

(3) Constables appointed under this section shall be under the
exclusive control of the aerodrome undertaking by which they are
appointed and that undertaking may suspend or terminate the
appointment of any such constable.

(4) A special constable appointed under section 37 of the Civil
Aviation Act 1949 who was, immediately before the date of the
commencement of this Act, exercising the functions of a constable on
an aerodrome in Northern Ireland shall, if within one month from
that date he elects in writing to be so treated, be treated as
having been appointed under this section to be a constable on that
aerodrome.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 12
Control of noise.

12. An aerodrome undertaking shall take such measures as the
Ministry may direct for limiting noise and vibration or mitigating
their effect and, in particular, for restricting the use of the
aerodrome to aircraft and persons complying with the Ministry's
requirements in that behalf.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 13
Grants towards cost of soundproofing dwellings.

13.(1) If it appears to the Ministry that dwellings near an
aerodrome require further protection from noise and vibration
attributable to use of the aerodrome than can be given by measures
taken or to be taken in pursuance of section 12 the Ministry may
by order make a scheme requiring the aerodrome undertaking to make
grants towards the cost of insulating those dwellings or parts of
those dwellings against noise.

(2) A scheme under this section shall specify the area or areas in
which dwellings must be situated for the grants to be payable, and
the persons to whom, the expenditure in respect of which and the
rate at which the grants are to be paid, and may make the payment
of any grant dependent upon compliance with such conditions as may
be specified in the scheme.

(3) A scheme under this section may require the aerodrome
undertaking, in any case where an application for a grant is
refused, to give the applicant at his request a written statement
of its reasons for the refusal.

(4) Before making a scheme under this section the Ministry shall
consult the aerodrome undertaking to which the scheme relates.

(5) An order made under this section shall be subject to negative
resolution.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 14
Detention and sale of aircraft for unpaid airport charges.

14.(1) Where default is made in the payment of airport charges
incurred in respect of any aircraft at an aerodrome to which this
section applies, the aerodrome undertaking may, subject to the
provisions of this section

(a)detain, pending payment, either

(i)the aircraft in respect of which the charges were incurred
(whether or not they were incurred by the person who is the
operator of the aircraft at the time when the detention begins); or

(ii)any other aircraft of which the person in default is the
operator at the time when the detention begins; and

(b)if the charges are not paid within fifty-six days of the date
when the detention begins, sell the aircraft in order to satisfy
the charges.

(2) An aerodrome undertaking shall not detain, or continue to
detain, an aircraft under this section by reason of any alleged
default in the payment of airport charges if the operator of the
aircraft or any other person claiming an interest therein

(a)disputes that the charges, or any of them, are due or, if the
aircraft is detained under subsection (1)(a)(i), that the charges in
question were incurred in respect of that aircraft; and

(b)gives to the undertaking, pending the determination of the
dispute, sufficient security for the payment of the charges which
are alleged to be due.

(3) An aerodrome undertaking shall not sell an aircraft under this
section without the leave of a judge of the High Court; and the
judge shall not give leave except on proof that a sum is due to
the undertaking for airport charges, that default has been made in
the payment thereof and that the aircraft which the undertaking
seeks leave to sell is liable to sale under this section by reason
of the default.

(4) An aerodrome undertaking proposing to apply for leave to sell
an aircraft under this section shall take such steps as the
Ministry may by regulations prescribe

(a)for bringing the proposed application to the notice of persons
whose interests may be affected by the determination of the judge
of the High Court thereon; and

(b)for affording to any such person an opportunity of becoming a
party to the proceedings on the application;

(5) The proceeds of any sale under this section shall be applied
as follows, and in the following order, that is to say

(a)in payment of any sum payable in respect of the aircraft under
any statutory provision;

(b)in payment of the expenses incurred by the aerodrome undertaking
in detaining, keeping and selling the aircraft, including their
expenses in connection with the application to the judge of the
High Court;

(c)in payment of the airport charges which the judge has found to
be due;

(6) The power of detention and sale conferred by this section in
respect of an aircraft extends to the equipment of the aircraft and
any stores for use in connection with its operation (being equipment
and stores carried in the aircraft) whether or not the property of
the person who is its operator, and references to the aircraft in
subsections (2) to (5) include, except where the context otherwise
requires, references to any such equipment and stores.

(7) The power of detention conferred by this section in respect of
an aircraft extends to any aircraft documents carried in it; and
any such documents may, if the aircraft is sold under this section,
be transferred by the aerodrome undertaking to the purchaser.

(8) The power conferred by this section to detain an aircraft in
respect of which charges have been incurred may be exercised on the
occasion on which the charges have been incurred or on any
subsequent occasion when the aircraft is on the aerodrome on which
those charges were incurred or on any other aerodrome owned or
managed by the aerodrome undertaking concerned.

(9) This section applies to any aerodrome designated for the
purposes of this section by an order made by the Ministry; and in
this section

"airport charges" means charges payable to an aerodrome undertaking
for the use of, or for services provided at, an aerodrome;

"aircraft documents", in relation to any aircraft, means any
certificate of registration, maintenance or air-worthiness of that
aircraft, any log book relating to the use of that aircraft or its
equipment and any similar document;

"operator", in relation to any aircraft, means the person for the
time being having the management of that aircraft.

(10) Regulations made under subsection (4) and orders made under
subsection (9) shall be subject to negative resolution.

(11) Nothing in this section shall prejudice any right of an
aerodrome undertaking to recover any charges, or any part thereof,
by action.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 15
Financial assistance for aerodromes.

15.(1) The Ministry with the approval of the Ministry of Finance
may make grants or loans to any aerodrome undertaking to enable
that undertaking to defray capital expenditure which has been or may
be incurred by the undertaking with the approval of the Ministry.

(2) Any loan made by the Ministry under subsection (1) shall be
repaid to it at such times and by such methods, and interest
thereon shall be paid to the Ministry at such rates and at such
times as the Ministry with the approval of the Ministry of Finance
may from time to time determine.

(3) Sums recoverable under section 3(10) by the Ministry from an
aerodrome undertaking shall, for the purposes of this section, be
treated as capital expenditure which has been incurred by the
undertaking with the approval of the Ministry.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 16
Extension of objects of Holding Company to cover aerodromes etc.

16.(1) The objects of the Northern Ireland Transport Holding Company
(in this section called "the Holding Company") established under Part
V of the Transport Act (Northern Ireland) 1967 are hereby extended
so as to include the acquiring, holding and managing of properties
for aerodrome purposes and the provision, maintenance and management
of services and facilities for use in connection therewith and,
accordingly,

(a)the functions of the Holding Company shall be exercisable in
relation to any such property as if that property had been vested
in the Company under section 68 of the said Act of 1967;

(b)the Holding Company may form, promote and assist companies
(including subsidiary companies) for the purposes of any of its
objects as extended by this section; and

(c)references in the said Act of 1967 to the objects, duties,
powers, functions, requirements or activities of the Holding Company
shall be construed so as to take account of the extension of the
objects of the Company effected by this section.

Subs.(2) repeals 1970 c.14(NI)

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 17
Functions of the Transport Users' Committee to include services and
facilities at aerodromes.

17. The Transport Users' Committee established under Part I of the
Transport Act (Northern Ireland) 1967 may exercise the like functions
with respect to services and facilities provided for passengers at
aerodromes in Northern Ireland as they exercise with respect to road
and railway passenger transport services and facilities therein and
accordingly ... residue amends s.3 of 1967 c.37 (NI)

S.18 rep. by SLR 1976

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 19
Interpretation.

19.(1) In this Act

"aerodrome" means any area of land or water designed, equipped, set
apart or commonly used for affording facilities for the landing and
departure of aircraft and services and facilities for use in
connection with the landing and departure of aircraft and includes
any area or space, whether on the ground, on the roof of a
building or elsewhere, which is designed, equipped or set apart for
affording facilities for the landing and departure of aircraft
capable of descending or climbing vertically;

"Lands Tribunal" means the Lands Tribunal for Northern Ireland;

Definition rep. by SRO (NI) 1973/285

"Ministry" has the meaning assigned to it by section 1;

Definition rep. by SRO (NI) 1973/285

"statutory provision" has the meaning assigned to it by section 1(f)
of the Interpretation Act (Northern Ireland) 1954;

"undertaking", in relation to an aerodrome, means the person
providing and maintaining or proposing to provide and maintain
facilities for the landing and departure of aircraft at that
aerodrome.

(2) For the purposes of this Act a hovercraft within the meaning
of the Hovercraft Act 1968 is not an aircraft.

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 20
Short title.

20. This Act may be cited as the Aerodromes Act (Northern Ireland)
1971.

1. References to the Ministry and to the authority (whether a local
authority or a road authority) shall be construed as references
respectively to the Ministry and to an aerodrome undertaking within
the meaning of this Act and references to the said Act of 1948
shall be construed as references to this Act.

2. References to the said Schedule 5 shall be construed as
references to that Schedule as modified by this Schedule.

3. The property which may be acquired under the said Schedule 5
shall include both estates in fee simple and lesser estates and the
expressions "land" and "estate" shall have the meanings respectively
assigned to them by section 45 of the Interpretation Act (Northern
Ireland) 1954.

4. The purposes for which land may be acquired under the said
Schedule 5 shall include the purposes of section 2.

5. Paragraph 1 shall be omitted.

6. Paragraph 2(2) shall be omitted.

7. In paragraph 5 the words "as from the date of vesting be
transferred and attached" shall be omitted and for the words from
the beginning of sub-paragraph (a) to the words "under this
Schedule" there shall be substituted the words "become rights and
claims enforceable against the aerodrome undertaking and shall be
discharged accordingly".

8. In paragraph 10 for sub-paragraphs (a) and (b) there shall be
substituted the words "by a director or the secretary or clerk of
the aerodrome undertaking".

9. For the purposes of a vesting order in respect of an estate in
land, being an estate less than a fee simple, the said Schedule 5
shall have effect with such modifications as may be necessary to
enable such an estate to be acquired by means of the vesting order
and to enable compensation in respect thereof to be duly paid or
discharged and (without prejudice to the generality of the foregoing)
shall have effect as if for the first sub-paragraph of paragraph 5
there were substituted the following sub-paragraph

"A vesting order shall operate, without further assurance, to vest
in the aerodrome undertaking, as from the date on which the vesting
order becomes operative (in this Schedule referred to as "the date
of vesting"), all such estates or interests in, to or over the
land to which the order relates as are specified in the order,
freed and discharged from all the estates and interests of any
other person whomsoever therein save only as may be expressly
excepted in the order, and the rights and claims of any such other
person in respect of an estate or interest so vested shall, as
from the date of vesting, become rights and claims enforceable
against the aerodrome undertaking and shall be discharged
accordingly."

1. Immediately after the Ministry has given the direction, it shall
publish in the Belfast Gazette and in at least one newspaper
circulating in the district a notice stating that the direction has
been given, and shall also serve notice of the direction

(a)in the case of a direction given for the purpose specified in
section 4(2)(a), upon every [district council] in whose area any of
that land is situated;

(b)in the case of a direction given for the purpose specified in
section 4(2)(d), upon every person appearing to the Ministry to be
an owner, lessee and occupier of any land to which the right of
way is appurtenant, and upon every [district council] in whose area
any of that land is situated;

(c)in the case of a direction given for any other purpose specified
in section 4(2), upon every person appearing to the Ministry to be
an owner, lessee and occupier of the land to which the direction
relates and upon every [district council] in whose area any of that
land is situated;

(d)in the case of a direction restricting the installation of
apparatus or extinguishing rights to instal or maintain apparatus,
upon every person appearing to the Ministry to be a person whose
rights to instal or maintain apparatus are affected by the
direction; and

(e)in the case of a direction requiring the removal of any
apparatus, upon the person appearing to the Ministry to be entitled
to maintain the apparatus required to be removed under the
direction.

2. Any person having an estate in land the value of which is
diminished in consequence of the coming into operation of a
direction shall,

(a)where the direction is given for the purpose specified in section
4(2)(a) and the building or structure does not constitute development
for which planning permission is required under the Planning Acts
(Northern Ireland) 1931 to 1944; or

(b)where the direction is given for any purpose specified in section
4(2)(b) to (g);

3. Any person who sustains damage by being disturbed in the
enjoyment of any right in or over land in consequence of the
coming into operation of the direction (not being damage which
consists of the diminution in the value of an estate in land)
shall be entitled to recover compensation from the Ministry in
respect of that damage.

4. The Ministry shall pay compensation in respect of any expenditure
reasonably incurred by any person for the purpose of carrying out
work which is required to be carried out by the direction.

5. The compensation payable to any person by virtue of the
foregoing provisions of this Schedule shall be reduced by the value
to him of any timber, apparatus or other materials removed for the
purposes of complying with the direction.

6. Where for the purpose of assessing the amount of any
compensation payable under this Part the value of any land is
required to be determined, that value shall be determined in
accordance with rules (2) to (4) of section 2 of the Acquisition
of Land (Assessment of Compensation) Act 1919.

7. Where any dispute arises as to whether compensation is payable
under this Schedule, or as to the amount of any such compensation,
or as to the persons to whom it is payable, the dispute shall be
referred to and determined by the Lands Tribunal.