Civil Aviation Act 1949
| Act of Parliament | |
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| Long title | An Act to consolidate the enactments relating to civil aviation, other than the Carriage by Air Act, 1932, and other than the enactments relating to the constitution and functions of the Airways Corporations. |
|---|---|
| Citation | 12, 13 & 14 Geo. 6. c. 67 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 24 November 1949 |
| Commencement | 24 November 1949[b] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
| Repealed by | Civil Aviation Act 1982 |
| Relates to | |
Status: Repealed | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Text of the Civil Aviation Act 1949 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Civil Aviation Act 1949 (12, 13 & 14 Geo. 6. c. 67) was an act of the Parliament of the United Kingdom covering civil aviation.
Among other provisions it repealed the Air Navigation Act 1920 (10 & 11 Geo. 5. c. 80), set up a Ministry of Civil Aviation Constabulary and formalised the powers of the Minister of Civil Aviation, including those to regulate and establish aerodromes.[1]
The act reinforced the Air Navigation Act 1947 (10 & 11 Geo. 6. c. 18).[2] The act was used to defend aircraft carrying opium illegally, because according to the act, if a British aircraft broke the law, it would have, "for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be."[3]
Provisions
Repealed enactments
Section 70(1) of the act repealed 12 enactments, listed in the twelfth schedule to the act.[4]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 10 & 11 Geo. 5. c. 80 | Air Navigation Act 1920 | The whole act. |
| 26 Geo. 5. & 1 Edw. 8. c. 44 | Air Navigation Act 1936 | The whole act, save sections twenty-four and twenty-six and in subsection (1) of section thirty-five the words 'This Act may be cited as the Air Navigation Act, 1936', and the Fourth Schedule. |
| 1 & 2 Geo. 6. c. 33 | Air Navigation (Financial Provisions) Act 1938 | The whole act. |
| 2 & 3 Geo. 6. c. 61 | British Overseas Airways Act 1939 | Section thirty and the Fourth Schedule. |
| 8 & 9 Geo. 6. c. 21 | Ministry of Civil Aviation Act 1945 | The whole act, save so far as it amends the British Overseas Airways Act 1939. |
| 9 & 10 Geo. 6. c. 28 | Assurance Companies Act 1946 | In section one, in subsection (1), the words from the beginning to the words 'Part III of that Act and'. In section five, in subsection (1) paragraph (c); in subsection (2) paragraph (c); in subsection (3) the words 'or sub-paragraph (2) of paragraph 7 of the Third Schedule to the Air Navigation Act 1936'. In the Second Schedule the proviso to paragraph 1 of Part I and paragraph (a) of sub-paragraph (2) of paragraph 3 of Part III. |
| 9 & 10 Geo. 6. c. 70 | Civil Aviation Act 1946 | Part II. Sections thirty-six to forty-six. Sections forty-eight and forty-nine. Section fifty-two. In section fifty-three, subsections (3) to (10), and (12), (13) and (15). Section fifty-four. In section fifty-five, in subsection (1) the words from 'except' to the second 'aerodromes' and from 'For the purposes of' to the end of the subsection. The Third, Fourth, Fifth and Sixth Schedules. |
| 10 & 11 Geo. 6. c. 18 | Air Navigation Act 1947 | The whole act. |
| 10 & 11 Geo. 6. c. 51 | Town and Country Planning Act 1947 | At the end of the Eighth Schedule the amendments of the Civil Aviation Act 1946. |
| 10 & 11 Geo. 6. c. 53 | Town and Country Planning (Scotland) Act 1947 | In the Eighth Schedule the amendments of the Civil Aviation Act 1946. |
| 10 & 11 Geo. 6. c. 1 (N.I.) | Assurance Companies Act (Northern Ireland) 1947 | In section one, in subsection (1), the words from the beginning to the words 'Part III of that Act and'. In section five, paragraph (b) of subsection (1) and paragraph (b) of subsection (2). In the Second Schedule, the proviso to paragraph 1 of Part I and sub-paragraph (2) of paragraph 3 of Part III. |
| S.R. & O. 1936, No. 1378 | Air Navigation (Northern Ireland) (Adaptation of Enactments) Order 1936 | In the Schedule, the amendments of the First Schedule to the Air Navigation Act 1936. |
Subsequent developments
The whole act was repealed by section 109 of, and schedule 16 to, the Civil Aviation Act 1982, which came into force on 27 August 1982.[5][6]
Notes
- ↑ Section 71.
- ↑ The Acts of Parliament (Commencement) Act 1793.
References
- ↑ "Civil Aviation Act 1949". Archived from the original on 7 September 2023. Retrieved 18 February 2024.
- ↑ Shawcross, Christopher (October 1954). "Shawcross and Beaumont on Air Law". International Affairs. 27 (4): 1. JSTOR 2608595.
- ↑ "R. v. Martin". The American Journal of International Law. 50 (3): 681–683. 6 March 2024. doi:10.2307/2195521. JSTOR 2195521. S2CID 246007012.
- ↑ "Civil Aviation Act 1949", legislation.gov.uk, The National Archives, Geo6/12-13-14 c. 67
- ↑ "Civil Aviation Act 1982", legislation.gov.uk, The National Archives, 1982 c. 16
- ↑ "Law & Regulation in the UK Overseas Territories: Information Paper 062 – Aviation Law and Regulation in the UK Overseas Territories". Archived from the original on 31 May 2023. Retrieved 18 February 2024.
External links
- Text of the Civil Aviation Act 1949 as originally enacted or made within the United Kingdom, from legislation.gov.uk.