Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued
Other general provisions - continued

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Orders and regulations.     103. - (1) A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.
 
      (2) An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.
 
      (3) A power to make an order or regulations under this Part is exercisable by statutory instrument.
 
      (4) In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.
 
      (5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 51 or 95.
 
      (6) No order is to be made under section 51 unless a draft has been laid before and approved by resolution of each House of Parliament.
 
      (7) The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.
 
      (8) The power to make an order under section 98 is exercisable only after consultation with the CAA.
 
      (9) The power to make regulations under section 6 is exercisable only after consultation with the CAA.
 
      (10) The power to make an order under section 57 is exercisable only with the Treasury's consent.
 
      (11) The power to make an order under section 78(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.
 
      (12) If apart from this subsection a draft of an order under section 51 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
 
Directions.     104. - (1) A person to whom a direction is given under this Part must give effect to the direction.
 
      (2) A direction under a provision of this Part may be varied or revoked by a direction under the same provision.
 
      (3) A direction under this Part must be in writing.
 
Crown application.     105. - (1) The provisions mentioned in subsection (2) bind the Crown.
 
      (2) The provisions are-
 
 
    (a) section 3;
 
    (b) sections 26 to 30 and 33;
 
    (c) sections 41, 42, 44, 45 and 60;
 
    (d) Chapter V, to the extent that it applies or modifies the operation of provisions of the Competition Act 1998;
 
    (e) sections 94 to 96;
 
    (f) section 104, so far as relating to other provisions of this Part which bind the Crown;
 
    (g) Schedule 1, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
 
    (h) Schedule 2;
 
    (i) Schedule 3, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency (Northern Ireland) Order 1989 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of Article 378 of that Order;
 
    (j) Schedule 6.
      (3) Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.
 
      (4) The provisions are-
 
 
    (a) Chapter IV (except section 83);
 
    (b) any order or regulations under any provision mentioned in paragraph (a).
      (5) This section (except so far as it relates to Chapter V) has effect subject to section 106; and, so far as it relates to Chapter V, it has effect subject to section 73 of the Competition Act 1998.
 
The Crown: other provisions.     106. - (1) No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
 
      (2) Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 94(7) or 95(5) apply to persons in the public service of the Crown as they apply to other persons.
 
      (3) However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.
 
      (4) Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.
 
Extension outside United Kingdom.     107. - (1) Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified.
 
      (2) The provisions are-
 
 
    (a) Chapter I;
 
    (b) Chapter II;
 
    (c) Chapter III;
 
    (d) Chapter IV;
 
    (e) sections 91 to 104 and Schedules 8 and 9;
 
    (f) section 270 so far as it relates to offences under this Part.
      (3) These are relevant overseas territories-
 
 
    (a) any of the Channel Islands;
 
    (b) the Isle of Man;
 
    (c) any colony.
      (4) In this section "modifications" includes additions, omissions and other alterations.
 
 
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