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Civil Aviation Bill (HC Bill 319)

Civil Aviation BillPage 90

(b) in the case of an appeal under sub-paragraph (1)(a), a decision as to
the day on which revocation takes effect.

(3) The appeal may be made only on one or more of the following grounds—

(a) that the decision is based on an error of fact;

(b) 5that it is wrong in law;

(c) that it is based on the wrong exercise of a discretion.

(4) The making of an appeal under this paragraph against a notice under section
48(1) revoking a licence—

(a) suspends the effect of the notice until the appeal is decided or
10withdrawn, and

(b) extends the period specified in the notice until the appeal is decided
or withdrawn.

(5) The making of an appeal under this paragraph against a further notice under
section 48(9) withdrawing a notice revoking a licence—

(a) 15suspends the effect of the further notice until the appeal is decided or
withdrawn, and

(b) extends the period specified in the notice revoking the licence until
the appeal is decided or withdrawn.

Notice of appeal

2 (1) 20An appeal under paragraph 1 must be made by sending a notice of appeal
to the Registrar of the Competition Appeal Tribunal.

(2) The notice must be received by the Registrar before the end of the period of
30 days beginning with the relevant day.

(3) In the case of an appeal under paragraph 1(1)(a) “the relevant day” means
25the later of—

(a) the day on which the CAA publishes the notice under section 48(1)
revoking the licence, and

(b) the day on which the CAA publishes a notice extending the period
on which the notice revoking the licence takes effect.

(4) 30In the case of an appeal under paragraph 1(1)(b) “the relevant day” means
the day on which the CAA publishes the further notice under section 48(9).

(5) Sub-paragraphs (1) and (2) have effect subject to provision in rules made
under section 15 of the Enterprise Act 2002 (Tribunal rules) after this
Schedule comes into force—

(a) 35as to the person to whom a notice of an appeal under paragraph 1
must be given;

(b) providing that such a notice must be received within a longer or
shorter period beginning with the relevant day.

Decisions on appeal

3 (1) 40The Competition Appeal Tribunal must decide an appeal under this
Schedule—

(a) on the merits, and

(b) by reference to the grounds of appeal in the notice of appeal.

(2) It may—

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(a) confirm or set aside the notice that is the subject of the appeal;

(b) give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have
5power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

Further appeals

4 (1) An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 3, including
10a direction.

(2) An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the permission
of—

(a) 15the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or

(b) 20in the case of an appeal from proceedings in Scotland, the Court of
Session.

Section 55

SCHEDULE 5 Appeals against penalties: information

Appeals against penalties

1 (1) 25A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 51 or 52.

(2) The appeal may be against one or more of the following—

(a) a decision to impose the penalty;

(b) a decision as to the amount of the penalty;

(c) 30in the case of a penalty calculated entirely or partly by reference to a
daily amount, a decision as to the period during which daily
amounts accumulate;

(d) a decision as to the period allowed for payment of the penalty.

(3) The appeal may be made only on one or more of the following grounds—

(a) 35that the decision is based on an error of fact;

(b) that it is wrong in law;

(c) that it is based on the wrong exercise of a discretion.

(4) Where a person appeals under this paragraph against a penalty, the CAA
may not require the person to pay the penalty until the appeal is decided or
40withdrawn.

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Decisions on appeal

2 (1) The Competition Appeal Tribunal must decide an appeal under this
Schedule—

(a) on the merits, and

(b) 5by reference to the grounds of appeal in the notice of appeal.

(2) It may—

(a) confirm or set aside the penalty;

(b) give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.

(3) 10It may not direct the CAA to do anything that the CAA would not have
power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

Further appeals

3 (1) An appeal lies to the appropriate court on a point of law arising from a
15decision of the Competition Appeal Tribunal under paragraph 2, including
a direction.

(2) An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the permission
20of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales and
25Northern Ireland, the Court of Appeal, or

(b) in the case of an appeal from proceedings in Scotland, the Court of
Session.

Section 59

SCHEDULE 6 Restrictions on disclosing information

30Prohibition on disclosure

1 (1) This paragraph applies to information if—

(a) it was obtained under or by virtue of Chapter 1 of this Part, and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information must not be disclosed—

(a) 35during the lifetime of the individual, or

(b) while the business continues to be carried on.

(3) Sub-paragraph (2) has effect subject to the following provisions of this
Schedule.

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Disclosure with consent

2 Paragraph 1(2) does not apply to a disclosure made with the consent of—

(a) the individual, or

(b) the person for the time being carrying on the business.

5Disclosure of information already available to public

3 Paragraph 1(2) does not apply to information that has been made available
to the public by being disclosed—

(a) in circumstances in which disclosure is not precluded by this
Schedule, or

(b) 10for a purpose for which disclosure is not precluded by this Schedule.

Other permitted disclosures

4 (1) Paragraph 1(2) does not apply where information is disclosed—

(a) for the purpose of facilitating the carrying out of functions of a
relevant person under a relevant statutory provision, or

(b) 15for the purposes of civil proceedings brought under or by virtue of a
relevant statutory provision.

(2) These are relevant persons—

  • the CAA;

  • a Minister of the Crown (within the meaning of the Ministers of the
    20Crown Act 1975);

  • the Welsh Ministers;

  • the Scottish Ministers;

  • a Northern Ireland Department;

  • the Competition Appeal Tribunal;

  • 25the Competition Commission;

  • the Office of Fair Trading;

  • the Gas and Electricity Markets Authority;

  • the Northern Ireland Authority for Utility Regulation;

  • the Water Services Regulation Authority;

  • 30the Office of Rail Regulation;

  • the Coal Authority;

  • the Office of Communications;

  • the Insolvency Practitioners Tribunal;

  • a local weights and measures authority in Great Britain;

  • 35a district council in Northern Ireland.

(3) These are relevant statutory provisions—

  • Part 1 of this Act;

  • sections 83 and 84 of this Act;

  • Trade Descriptions Act 1968;

  • 40Fair Trading Act 1973;

  • Consumer Credit Act 1974;

  • Estate Agents Act 1979;

  • Competition Act 1980;

  • Civil Aviation Act 1982;

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  • Air Navigation Orders made under section 60 of the Civil Aviation Act
    1982;

  • regulations made under section 75 of the Civil Aviation Act 1982
    (investigation of accidents);

  • 5Airports Act 1986;

  • Gas Act 1986;

  • Insolvency Act 1986;

  • Consumer Protection Act 1987;

  • Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049S.I. 1987/2049
    10(N.I. 20));

  • Electricity Act 1989;

  • Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)S.I. 1989/2405 (N.I. 19));

  • Broadcasting Act 1990;

  • Property Misdescriptions Act 1991;

  • 15Water Industry Act 1991;

  • Water Resources Act 1991;

  • Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)S.I. 1992/231 (N.I. 1));

  • Railways Act 1993;

  • Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1));

  • 20Broadcasting Act 1996;

  • Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)S.I. 1996/275 (N.I. 2));

  • Competition Act 1998;

  • Part 1 of the Transport Act 2000;

  • Enterprise Act 2002;

  • 25Communications Act 2003;

  • Water Act 2003;

  • Railways Act 2005;

  • Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/
    3336 (N.I. 21));

  • 30Postal Services Act 2011;

and subordinate legislation made for the purpose of securing compliance
with relevant EU provisions.

(4) These are relevant EU provisions—

(a) Articles 104 and 105 of the Treaty on the Functioning of the European
35Union (competition);

(b) Directive 2005/29/EC of the European Parliament and of the
Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market;

(c) Directive 2006/114/EC of the European Parliament and of the
40Council of 12 December 2006 concerning misleading and
comparative advertising;

(d) Directive 2009/12/EC of the European Parliament and of the
Council of 11 March 2009 on airport charges.

5 Paragraph 1(2) does not apply where information is disclosed—

(a) 45in connection with the investigation of a criminal offence or for the
purposes of criminal proceedings,

(b) in pursuance of an EU obligation,

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(c) for the purpose of facilitating the performance of a function of the
European Commission in respect of European Union law about
competition,

(d) for the purpose of enabling or assisting the Secretary of State or the
5Treasury to exercise powers conferred by or under the Financial
Services and Markets Act 2000 or by or under the enactments relating
to companies, insurance companies or insolvency,

(e) for the purpose of enabling or assisting an inspector appointed under
the enactments relating to companies to carry out functions under
10those enactments,

(f) for the purpose of enabling or assisting an official receiver to carry
out functions under the enactments relating to insolvency,

(g) for the purpose of enabling or assisting a recognised professional
body for the purposes of section 391 of the Insolvency Act 1986 or
15Article 350 of the Insolvency (Northern Ireland) Order 1989 (S.I.
1989/2405 (N.I. 19)) to carry out its functions,

(h) for the purpose of facilitating the carrying out by the Health and
Safety Executive of its functions under an enactment,

(i) for the purpose of facilitating the carrying out by an enforcing
20authority (within the meaning of Part 1 of the Health and Safety at
Work etc Act 1974) of functions under a relevant statutory provision
(within the meaning of that Act), or

(j) for the purpose of facilitating the carrying out by the Comptroller
and Auditor General of functions under any enactment.

6 25The Secretary of State may by regulations amend paragraph 4 or 5.

Offence

7 A person who discloses information in contravention of paragraph 1(2) is
guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory
30maximum, or

(b) on conviction on indictment, to imprisonment for not more than 2
years or to a fine (or both).

Criminal liability of officers of bodies corporate etc

8 (1) Sub-paragraph (2) applies if an offence under this Schedule committed by a
35body corporate—

(a) is committed with the consent or connivance of a director, manager,
secretary or other similar officer of the body corporate or a person
who was purporting to act in such a capacity, or

(b) is attributable to neglect on the part of such a person.

(2) 40That person, as well as the body corporate, commits the offence.

(3) In sub-paragraph (1) “director”, in relation to a body corporate whose affairs
are managed by its members, means a member of the body.

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Section 72

SCHEDULE 7 Index of defined expressions

This Table lists expressions defined in Part 1 of this Act.

Expression Section
air traffic services 5Section 72
air transport service Section 69
airport Section 66
airport area Section 5
airport operator Section 72
airport operation services 10Section 68
area Section 5
building or other structure Section 72
the CAA Section 72
cargo Section 72
change of circumstances 15Section 72
conduct Section 72
contravention Section 72
contravention notice Section 72
core area (in relation to an airport) Section 5
document 20Section 72
dominant airport Section 5
dominant area Section 5
enforcement order Section 72
international obligation of the United Kingdom Section 72
land 25Section 72
licence Section 72
licence condition Section 17(5)
market power test Section 6
market power determination Section 72
modifying (in relation to licence conditions) 30Section 72
notice Section 72
operator (in relation to an airport area) Section 9
operator determination Section 10

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Expression Section
price control condition Section 19
provider (in relation to an air transport service) Section 69
providing (in relation to a service) Section 72
remedying the consequences of a contravention 5Section 72
representation Section 72
representation period (in connection with contravention
notice)
Section 31
urgent enforcement order Section 72
user (in relation to an air transport service) 10Section 69

Section 76

SCHEDULE 8 Status of airport operators as statutory undertakers etc

Part 1 Great Britain

15Airports Act 1986 (c. 31)Airports Act 1986 (c. 31)

1 Part 5 of the Airports Act 1986 (status of certain airport operators as
statutory undertakers etc) is amended as follows.

2 For section 57 (scope of Part 5: status of certain airport operators as statutory
undertakers etc) substitute—

57A 20Scope of Part 5

(1) In this Part “relevant airport operator” means the airport operator in
the case of an airport to which this Part applies.

(2) This Part applies to any airport in respect of which a certificate has
been granted under this section (and has not been withdrawn).

(3) 25The CAA must grant a certificate under this section in respect of an
airport if, but only if—

(a) the airport operator applies for a certificate (and has not
withdrawn the application),

(b) the airport operator pays the charge (if any) specified in a
30scheme or regulations made under section 11 of the 1982 Act,
and

(c) the CAA considers that, at the time, the airport is an eligible
airport.

(4) An airport is an eligible airport if—

(a) 35the annual turnover of the business carried on at the airport
by the airport operator exceeded £1 million in at least two of

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the last three financial years ending before the application for
the certificate is made, and

(b) the airport is not excluded by virtue of subsection (5).

(5) The excluded airports are—

(a) 5an airport owned by a principal council or jointly owned by
two or more principal councils;

(b) an airport owned by an Integrated Transport Authority in
England or jointly owned by such an Authority and one or
more principal councils;

(c) 10an airport owned by a metropolitan county passenger
transport authority in Scotland or jointly owned by such an
authority and one or more principal councils.

(6) The appropriate Minister may withdraw a certificate granted under
this section in respect of an airport if the appropriate Minister
15considers that, at the time, the annual turnover of the business
carried on at the airport by the airport operator in each of the last two
financial years did not exceed the sum for the time being specified in
subsection (4)(a).

(7) Before withdrawing a certificate in respect of an airport, the
20appropriate Minister must consult—

(a) the CAA, and

(b) the airport operator.

(8) The withdrawal of a certificate does not affect any rights or liabilities
accruing by virtue of this Part before it is withdrawn.

(9) 25In this section—

  • “annual turnover”, in relation to the business carried on at an
    airport by the airport operator, means the aggregate of all
    sums received in the course of the business during a financial
    year, as stated or otherwise shown in the accounts of the
    30business, including grants from any public or local authority
    but excluding—

    (a)

    capital receipts, and

    (b)

    loans made by any person;

  • “the appropriate Minister” means—

    (a)

    35in relation to an airport in England or Wales, the
    Secretary of State, and

    (b)

    in relation to an airport in Scotland, the Scottish
    Ministers;

  • “financial year” means a period of 12 months ending with 31
    40March;

  • “local authority” and “principal council” have the same
    meaning as in Part 2.

(10) Where the person who is for the time being the airport operator in
relation to an airport has not had its management for the whole or
45any part of a period relevant for the purposes of this section,
references in this section to the business carried on at the airport by
the airport operator include a reference to the business carried on
there by any other person who was the airport operator in relation to
the airport for the whole or any part of that period.

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(11) The Secretary of State may by order substitute a greater sum for the
sum specified in subsection (4)(a).

(12) An order under subsection (11) does not affect the validity of a
certificate granted under this section before the order comes into
5force.

Consequential repeal

3 In Schedule 4 to the Local Transport Act 2008, omit paragraph 54(3).

Power to make provision in relation to operators of airport areas

4 (1) The Secretary of State may by regulations make provision about the
10operation of section 57A of the Airports Act 1986 in cases in which two or
more persons are operators of different areas that form part of the same
airport.

(2) Regulations under this paragraph may modify—

(a) section 57A of the Airports Act 1986, and

(b) 15any provision of an Act (including the Airports Act 1986), or of an
instrument made under an Act, which refers to or otherwise operates
by reference to a relevant airport operator or an airport to which Part
5 of the Airports Act 1986 applies.

(3) In this paragraph—

  • 20“Act” includes an Act or Measure of the National Assembly for Wales
    and an Act of the Scottish Parliament;

  • “airport” has the same meaning as in the Airports Act 1986;

  • “modify” includes amend, repeal or revoke;

  • “operator”, in relation to an area that forms part of an airport, means
    25the person who is the operator of the area for the purposes of this
    Part of this Act;

  • “relevant airport operator” has the same meaning as in Part 5 of the
    Airports Act 1986.

Part 2 30Northern Ireland

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1))

5 The Airports (Northern Ireland) Order 1994 is amended as follows.

6 In Article 2(2) (interpretation), for the definition of “regulated airport”
substitute—

  • 35“regulated airport” has the meaning given in Article 2A;.

7 In Part 2 (powers in relation to land exercisable in connection with airports),