# Civil Aviation Act 1971, Section 40: Secretary of State's directions in the national interest etc.


(1) Subject to subsection (3) of this section, the Secretary of State may, after consultation with the Board, give to the Board—
(a) directions of a general character as to the performance of the Board's functions in relation to any matter appearing to the Secretary of State to affect the national interest;
(b) directions requiring the Board to dispose, or to secure that either of the corporations dispose, of any shares or stock or other financial interest held by the Board or corporation in any undertaking specified in the directions;
(c) directions requiring the Board to secure that any relevant body specified in the directions—
(i) discontinues, or restricts to an extent specified in the directions, any of the activities of the body which are so specified, or
(ii) disposes of such part of the undertaking of the body as is so specified, or
(iii) disposes of any property of the body which is so specified.
(2) In paragraph (c) of the preceding subsection " relevant body " means—
(a) any undertaking of which all the issued share capital is held, directly or through a nominee, by the Board or one of the corporations ; and
(b) any other undertaking which, if such of its issued share capital as is held directly or through nominees by each of the corporations and each such undertaking as is mentioned in the preceding paragraph were held by the Board, would be an undertaking falling within the preceding paragraph.
(3) The Secretary of State shall not give directions in pursuance of paragraph (b) or (c) of subsection (1) of this section unless he is satisfied that he will not thereby impede or prevent the proper discharge of the Board's duties.
(4) The powers to give directions conferred by paragraphs (b) and (c) of subsection (1) of this section shall be exercisable by statutory instrument and a draft of any statutory instrument made by virtue of this subsection shall be laid before Parliament.

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Source: https://www.legislation.gov.uk/ukpga/1971/75/section/40 (the official version)
Page: https://openlegislation.uk/civil-aviation-act-1971/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.