Part 7Airports
Airport operators
233Airport operators may vary leases in certain circumstances
This section applies if—
- an airport operator has leased buildings, installations, or land (or any part of them) within the land that is registered as an airport; and
- during the term of the lease, the building, installation, or land is required for the purposes of the airport.
The airport operator may terminate the lease as to the whole of the property leased or as to so much of it as is required for the purposes of the airport.
No action may be brought in any court for the payment of damages or compensation in respect of the termination except an action for the payment of compensation provided for in the lease under subsection (4).
A lease referred to in subsection (1) may contain a provision requiring the airport operator to pay the lessee on the termination of the lease under subsection (1) compensation for improvements effected by the lessee during the term of the lease.
Compensation for improvements effected by the lessee must be an amount agreed between the parties or, failing agreement, an amount determined by arbitration under the Arbitration Act 1996.
If the amount of compensation for improvements is submitted for arbitration under the Arbitration Act 1996, this subsection is to be treated as a submission within the meaning of that Act.
Compare
- 1966 No 51 s 6(3)–(6)