Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued
Miscellaneous - continued

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Directions in interests of national security etc.     38. - (1) The Secretary of State may give to a licence holder or to licence holders generally such directions of a general character as he thinks are necessary or expedient-
 
 
    (a) in the interests of national security, or
 
    (b) in the interests of encouraging or maintaining the United Kingdom's relations with another country or territory.
      (2) The Secretary of State may give to a licence holder a direction requiring it to do or not to do a particular thing, if the Secretary of State thinks it necessary or expedient to give the direction in the interests of national security.
 
      (3) The Secretary of State may give to a licence holder a direction requiring it-
 
 
    (a) to do or not to do a particular thing in connection with anything authorised by the licence, or
 
    (b) to secure that a particular thing is done or not done in connection with anything authorised by the licence,
       if the Secretary of State thinks it necessary or expedient to give the direction in order to discharge or facilitate the discharge of an international obligation of the United Kingdom.
 
      (4) In so far as a direction under this section conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
 
      (5) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
 
      (6) Before giving a direction under this section to a particular licence holder (as opposed to licence holders generally) the Secretary of State must consult it.
 
      (7) The Secretary of State must send a copy of a direction under this section to the CAA.
 
      (8) The Secretary of State must lay before each House of Parliament a copy of a direction under this section unless he thinks its disclosure is against the interests of national security or the interests of the United Kingdom's relations with another country or territory or the commercial interests of any person.
 
      (9) A person must not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done by virtue of this section if the Secretary of State notifies him that he thinks disclosure is against the interests of national security or the interests of the United Kingdom's relations with another country or territory or the commercial interests of any person (other than the person notified).
 
      (10) A person commits an offence if-
 
 
    (a) without reasonable excuse he contravenes or fails to comply with a direction under this section, or
 
    (b) he makes a disclosure in contravention of subsection (9).
      (11) 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 or imprisonment for a term not exceeding two years or both.
Directions relating to the environment.     39. - (1) The Secretary of State may give such directions as he thinks are necessary or expedient-
 
 
    (a) to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;
 
    (b) to limit or mitigate the effects of such noise, vibration, pollution or disturbance.
      (2) Directions under this section may be given to-
 
 
    (a) a licence holder or licence holders generally;
 
    (b) a person who is authorised by an exemption to provide air traffic services (an authorised person) or authorised persons generally.
      (3) A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.
 
      (4) A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.
 
      (5) In so far as a direction under this section conflicts with the requirements of section 38 or 93 or of an order under section 94, the direction is to be disregarded.
 
      (6) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 93 or an order under section 94, the requirements are to be disregarded.
 
      (7) Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult-
 
 
    (a) that licence holder or authorised person;
 
    (b) the CAA.
 
Interpretation
Interpretation.     40. - (1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter-
 
 
    (a) aerodrome;
 
    (b) condition of a licence;
 
    (c) exemption;
 
    (d) licence;
 
    (e) licence holder;
 
    (f) managed area;
 
    (g) manager of an aerodrome;
 
    (h) modification.
      (2) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
 
      (3) These are managed areas-
 
 
    (a) the United Kingdom;
 
    (b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services.
      (4) An exemption is an exemption under this Chapter.
 
      (5) A licence is a licence under this Chapter, and references to a licence holder must be construed accordingly.
 
      (6) A condition of a licence is a provision of the licence which is expressed as a condition.
 
      (7) "Modification" includes addition, alteration and omission, and cognate expressions are to be construed accordingly.
 
 
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