Civil Aviation Bill (HC Bill 319)

(f) any other persons carrying on activities at or in connection with
such an aerodrome or air navigation installation, or considering
doing so, who are of a description notified to the CAA by the
Secretary of State for the purposes of this section.

(4) 5The Secretary of State may provide such advice and assistance to the
persons listed in subsection (3) as the Secretary of State considers
appropriate having regard to—

(a) the purposes to which this Part of this Act applies, and

(b) any advice and assistance provided to those persons by the
10CAA.”

81 Power to modify functions of CAA etc relating to aviation security

In Part 2 of the Aviation Security Act 1982 (protection of civil aviation against
acts of violence and other unlawful interference), after section 21I insert—

“21J Power to modify functions of CAA etc relating to aviation security

(1) 15The Secretary of State may by regulations modify—

(a) the functions of the CAA relating to the purposes to which this
Part of this Act applies, and

(b) the functions under this Part of this Act of persons authorised in
writing by the CAA for the purposes of this Part.

(2) 20Regulations under this section may, in particular—

(a) confer powers, or impose duties, on the CAA or persons
mentioned in subsection (1)(b),

(b) remove or restrict powers or duties of the CAA or such persons,

(c) require the CAA to comply with directions given by the
25Secretary of State when carrying out a function conferred by the
regulations,

(d) make different provision for different cases,

(e) amend or repeal an enactment (whenever passed), including a
provision of this Part of this Act, and amend or revoke a
30provision of an instrument made under an enactment
(whenever made), and

(f) include consequential, supplementary, incidental, transitional,
transitory and saving provision.

(3) The Secretary of State must consult the CAA before making regulations
35under this section.

(4) The regulations must be made by statutory instrument.

(5) A statutory instrument containing the regulations may not be made
unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.”

82 40Transfer schemes

(1) The Secretary of State may make one or more schemes for the transfer to the
Civil Aviation Authority (“the CAA”) of—

(a) rights, powers, duties and liabilities of the Crown in connection with
individuals employed in the civil service of the Crown, and

(b) other property, rights and liabilities of the Crown.

(2) A scheme may transfer only such property, rights, powers, duties and
liabilities as the Secretary of State considers appropriate having regard to—

(a) the functions conferred on the CAA by or under Part 2 of the Aviation
5Security Act 1982 (as amended by sections 78 to 81 and Schedule 11),
and

(b) the functions of persons authorised by the CAA for the purposes of that
Part (as so amended).

(3) Before making a scheme under this section the Secretary of State must consult
10the CAA.

(4) Schedule 12 (aviation security: further provision about transfer schemes) has
effect.

Provision of information about aviation services

83 Information for benefit of users of air transport services

(1) 15The CAA must publish, or arrange for the publication of, such information and
advice as it considers appropriate for the purpose of assisting users of air
transport services to compare—

(a) air transport services provided to or from a civil airport;

(b) services and facilities provided at a civil airport in the United Kingdom;

(c) 20services and facilities provided elsewhere in the United Kingdom and
used, or likely to be used, in connection with the use of air transport
services provided to or from a civil airport.

(2) The CAA may publish guidance and advice with a view to improving the
standard of such services and facilities for users of air transport services.

(3) 25The CAA must take such steps as it considers practicable to keep under review
information, guidance and other advice that is published under this section by
the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the
disclosure of, information if the CAA could refuse to disclose the information
30in response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may
carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than
the CAA must be published in such form and manner as the CAA considers
35appropriate.

(7) In this section—

• “air transport service” means a service for the carriage by air of passengers
  or cargo to or from an airport in the United Kingdom;

• “airport” has the same meaning as in Part 1 of this Act (see sections 66 and
  4067);

• “civil airport” means an airport other than a military airport;

• “user”, in relation to an air transport service, means a person who—

  (a)

  is a passenger carried by the service, or

  (b)

  has a right in property carried by the service.

(8) In this section references to users of air transport services include potential
users of such services.

84 Environmental information

(1) The CAA must publish, or arrange for the publication of, such information and
5advice as it considers appropriate relating to—

(a) the environmental effects of civil aviation in the United Kingdom,

(b) how human health and safety is, or may be, affected by such effects,
and

(c) measures taken, or to be taken, with a view to reducing, controlling or
10mitigating the adverse environmental effects of civil aviation in the
United Kingdom.

(2) The CAA may publish guidance and advice with a view to reducing,
controlling or mitigating the adverse environmental effects of civil aviation in
the United Kingdom.

(3) 15The CAA must take such steps as it considers practicable to keep under review
information, guidance and other advice that is published under this section by
the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the
disclosure of, information if it could refuse to disclose the information in
20response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may
carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than
the CAA must be published in such form and manner as the CAA considers
25appropriate.

(7) In this section—

• “civil aviation” means civil airports, associated facilities and aircraft using
  such airports;

• “airport” has the same meaning as in Part 1 of this Act (see sections 66 and
  3067);

• “associated facilities”, in relation to an airport, means facilities used, or
  intended to be used, in connection with the airport;

• “civil airport” means an airport other than a military airport.

(8) In this section references to the environmental effects of civil aviation
35include—

(a) substances, energy, noise, vibration or waste, including emissions,
discharges and other releases into the environment,

(b) visual or other disturbance to the public,

(c) effects from works carried out at civil airports or associated facilities or
40in the construction of such airports or facilities, and

(d) effects from services provided at civil airports or associated facilities.

85 Power to obtain information

(1) The CAA may by notice require a person to provide—

(a) information, or

(b) a document that is in the person’s custody or under the person’s
control.

(2) The CAA may give a notice under this section only in respect of information or
documents that it reasonably requires for the purpose of carrying out its
5functions under section 83 or 84.

(3) The notice may require the information or document to be provided—

(a) at a time and place specified in the notice, and

(b) in a form and manner specified in the notice.

(4) The notice may not require a person to provide information or documents that
10the person could not be compelled to provide in evidence in civil proceedings
before the court.

(5) “The appropriate court” means—

(a) in relation to England and Wales and Northern Ireland, the High Court,
and

(b) 15in relation to Scotland, the Court of Session.

(6) Schedule 6 (restrictions on disclosure of information) applies to information
and documents provided to the CAA by virtue of this section as it applies to
information obtained under or by virtue of Chapter 1 of Part 1.

86 Enforcement of information notice

(1) 20If a person fails to comply with a notice under section 85 without reasonable
excuse, the CAA may do either or both of the following—

(a) impose a penalty on the person;

(b) enforce the duty to comply with the notice in civil proceedings for an
injunction or, in Scotland, for specific performance of a statutory duty
25under section 45 of the Court of Session Act 1988.

(2) The amount of the penalty must be such amount as the CAA determines to
be—

(a) appropriate, and

(b) proportionate to the failure in respect of which it is imposed.

(3) 30A penalty may consist of either or both of the following—

(a) a fixed amount;

(b) an amount payable in respect of each day in a period specified by the
CAA (a “daily amount”).

(4) A fixed amount must not exceed £50,000.

(5) 35A daily amount must not exceed £5,000.

(6) A specified period during which daily amounts accumulate must be such
period as the CAA considers appropriate, subject to subsections (7) and (8).

(7) The period must begin after the day on which the CAA gives the notice under
section 89 stating that it has imposed the penalty.

(8) 40The period must end before the day on which the person provides the
information or documents specified in the notice under section 85.

(9) The Secretary of State may by regulations replace the amount for the time being
specified in subsection (4) or (5).

(10) The regulations must be made by statutory instrument.

(11) A statutory instrument containing the regulations may not be made unless a
draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

87 5Penalty for providing false information, destroying documents etc

(1) The CAA may impose a penalty on a person if, in relevant circumstances, the
person provides information to the CAA that is false or misleading in a
material respect and—

(a) the person knows that the information is false or misleading, or

(b) 10the person is reckless as to whether the information is false or
misleading.

(2) A person provides information in relevant circumstances if the person does
so—

(a) in response to a notice under section 85, or

(b) 15knowing that the CAA is likely to use the information for the purpose
of carrying out its functions under section 83 or 84.

(3) The CAA may impose a penalty on a person if the person intentionally alters,
suppresses or destroys a document that the person is required to produce by a
notice under section 85.

(4) 20The amount of a penalty imposed on a person under this section must be such
amount as the CAA determines to be—

(a) appropriate, and

(b) proportionate to the action in respect of which it is imposed.

88 Procedure before imposing penalty

(1) 25Before imposing a penalty on a person under section 86 or 87 the CAA must—

(a) give the person a notice about the proposed penalty,

(b) publish the notice as soon as practicable, and

(c) consider any representations made about the proposed penalty in the
period specified in the notice (and not withdrawn).

(2) 30The notice under subsection (1) must—

(a) state that the CAA proposes to impose a penalty,

(b) state the proposed amount of the penalty, and

(c) give the CAA’s reasons for imposing the penalty.

(3) In the case of a penalty under section 86 calculated entirely or partly by
35reference to a daily amount, the notice under subsection (1) must specify—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or the circumstances in which, they would cease to
accumulate.

(4) The period specified in the notice under subsection (1) for making
40representations must be a period of not less than 21 days beginning with the
day on which the notice is given to the person.

(5) Before varying the proposed amount of the penalty, the CAA must—

(a) give the person on whom the penalty is to be imposed a notice about
the proposed variation,

(b) publish the notice as soon as practicable, and

(c) consider any representations made about the proposed variation in the
5period specified in the notice (and not withdrawn).

(6) In the case of penalty calculated entirely or partly by reference to a daily
amount, the reference in subsection (5) to varying the proposed amount of the
penalty includes varying—

(a) the day on which daily amounts would begin to accumulate, and

(b) 10the day on which, or circumstances in which, they would cease to
accumulate.

(7) The notice under subsection (5) must—

(a) specify the proposed variation, and

(b) give the CAA’s reasons for the proposed variation.

(8) 15The period specified in the notice under subsection (5) for making
representations must be a period of not less than 21 days beginning with the
day on which the notice is given to the person.

(9) The CAA may withdraw a notice under subsection (1) or (5) at any time by
giving notice to the person on whom it proposed to impose the penalty.

(10) 20The CAA must publish a notice under subsection (9) as soon as practicable
after it is given.

89 Procedure after imposing penalty

(1) As soon as practicable after imposing a penalty on a person under section 86 or
87, the CAA must—

(a) 25give a notice to the person on whom the penalty is imposed, and

(b) publish the notice.

(2) The notice must—

(a) state that the CAA has imposed the penalty,

(b) state the amount of the penalty,

(c) 30give the CAA’s reasons for imposing the penalty, and

(d) specify a reasonable period within which the penalty must be paid or
reasonable periods within which different portions of the penalty must
be paid.

(3) In the case of a penalty under section 86 calculated entirely or partly by
35reference to a daily amount, the notice must specify—

(a) the day on which daily amounts begin to accumulate, and

(b) the day on which, or the circumstances in which, they cease to
accumulate.

(4) As soon as practicable after daily amounts cease to accumulate, the CAA
40must—

(a) give a notice to the person on whom the penalty was imposed
confirming the day on which they ceased to accumulate, and

(b) publish the notice.

90 Appeals

Schedule 13 (appeals against penalties) has effect.

91 Payment of penalties

(1) Subsections (2) and (3) apply if all or part of a penalty imposed on a person
5under section 86 or 87 is not paid within the period specified in the notice given
in respect of the penalty under section 89.

(2) The unpaid balance carries interest from time to time at the rate for the time
being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from the person as a debt due to the CAA—

(a) 10the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty under section 86 or 87 or
interest under this section must be paid into the Consolidated Fund.

92 Statement of policy

(1) 15The CAA must prepare and publish a statement of its policy with respect to—

(a) carrying out its functions under sections 83 and 84,

(b) imposing penalties under sections 86 and 87, and

(c) determining the amount of such penalties.

(2) The CAA may revise a statement of policy and, if it does so, it must publish the
20revised statement.

(3) When preparing or revising a statement of policy with respect to carrying out
the functions under sections 83 and 84, the CAA must have regard to the
principle that the benefits of carrying out the functions should outweigh any
adverse effects.

(4) 25When imposing a penalty under section 86 or 87, or determining the amount
of such a penalty, the CAA must have regard to the last statement of policy
published under this section before the act or omission in respect of which the
penalty is to be imposed.

(5) When preparing or revising a statement of policy, the CAA must consult such
30persons as it considers appropriate.

93 Minor definitions

In sections 83 to 92 and Schedule 13—

(a) “the CAA” means the Civil Aviation Authority, and

(b) references to a notice are to a notice in writing.

Regulation of provision of flight accommodation

94 Regulation of provision of flight accommodation

(1) Section 71 of the Civil Aviation Act 1982 (regulation of provision of
accommodation in aircraft) is amended in accordance with subsections (2) to
5(4).

(2) For subsection (1) substitute—

“(1) The Secretary of State may by regulations make provision so as to
secure—

(a) that a person does not in the United Kingdom make available
10flight accommodation, either as principal or agent, unless the
person meets the condition in subsection (1A) or (1B);

(b) that a person does not in the United Kingdom hold himself or
herself out as one who may make flight accommodation
available, either as principal or agent or without disclosing the
15person’s capacity, unless the person meets the condition in
subsection (1A) or (1B);

(c) that a person (“A”) acting as an agent for another person (“B”),
in the course of a business carried on by A, does not in the
United Kingdom procure flight accommodation on behalf of B
20unless A meets the condition in subsection (1A).

(1A) A person meets the condition in this subsection if the person—

(a) holds and acts in accordance with a licence issued in pursuance
of the regulations, or

(b) is exempt from the need to hold a licence as a result of provision
25made by or under the regulations.

(1B) A person meets the condition in this subsection if the person—

(a) is the operator of the aircraft on which flight accommodation is
made available, and

(b) in making the flight accommodation available is acting as a
30flight-only provider.

(1C) The regulations may make provision for the purposes of subsection
(1B) about when the operator of an aircraft acts as a flight-only
provider.”

(3) In subsection (2)—

(a) 35in paragraph (b), omit “the minimum charges which are to be made
and”, and

(b) omit paragraph (f).

(4) After subsection (2) insert—

“(3) The Secretary of State may by regulations make provision—

(a) 40imposing requirements to be complied with by persons holding
licences issued in pursuance of regulations under subsection
(1), or by prescribed descriptions of such persons, which may
include requirements as to goods, services or other benefits to
be provided in prescribed circumstances;

(b) 45about rights of action in respect of contraventions of
requirements imposed by virtue of paragraph (a);

(c) imposing criminal penalties for contraventions of such
requirements.

(4) Regulations made by virtue of subsection (3)(c) may not provide for
penalties exceeding, in the case of each contravention—

(a) 5on summary conviction, a fine of the statutory maximum;

(b) on conviction on indictment, a fine and imprisonment for a term
not exceeding 2 years.

(5) In this section “flight accommodation” means accommodation for the
carriage of persons on flights in any part of the world.”

(5) 10In consequence of the above—

(a) in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982
(contributions by licence holders to Air Travel Trust) for “71” substitute
“71(1)”;

(b) in section 99(4) of that Act (offences) for “71” substitute “71(1) or (3)”.

15CAA membership

95 CAA membership

(1) In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection
(2) substitute—

“(2) The CAA is to consist of at least seven but not more than sixteen
20members.

(2A) It is to consist of—

(a) a person appointed to chair the CAA (“the chair”) and other
non-executive members, and

(b) a chief executive and other executive members.

(2B) 25The chair and other non-executive members are to be appointed by the
Secretary of State.

(2C) The Secretary of State may appoint a deputy chair from among the non-
executive members.

(2D) The chief executive is to be appointed by the non-executive members
30with the approval of the Secretary of State.

(2E) Other executive members are to be appointed by the chief executive
with the approval of—

(a) the chair, and

(b) at least one other non-executive member.

(2F) 35The Secretary of State and the chief executive must exercise their
powers under this section to secure that, so far as practicable, the
number of non-executive members exceeds the number of executive
members.”

(2) In paragraph 12 of Schedule 1 to that Act (CAA staff), at the beginning insert
40“Subject to section 2,”.

(3) In paragraph 18 of that Schedule (interpretation of additional provisions
relating to constitution, etc of CAA) for the words from ““the chairman”” to

“the CAA and” substitute “—

(a) chair”, “deputy chair”, “member”, “executive member” and “non-
executive member” mean respectively the chair, the deputy chair, a
member, an executive member and a non-executive member of the
5CAA, and

(b)”.

96 Non-executive members of CAA

(1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to
constitution, etc of CAA) is amended as follows.

(2) 10For the heading immediately before paragraph 1 substitute—

“Appointment and tenure of non-executive members”.

(3) In paragraphs 1 to 4 for “a member”, in each place, substitute “a non-executive
member”.

(4) In paragraph 1(b) for “each member” substitute “each non-executive member”.

(5) 15In paragraphs 2 to 4 for “the chairman or a deputy chairman”, in each place,
substitute “the chair or deputy chair”.

(6) In paragraph 5 for sub-paragraph (1) substitute—

“(1) The Secretary of State may by notification in writing remove a non-
executive member from office if the Secretary of State is satisfied that
20the member—

(a) has a financial or other interest that is likely to affect
prejudicially the performance of the member’s functions,

(b) has become bankrupt or made an arrangement with the
member’s creditors,

(c) 25is failing, or has failed, to perform the functions of a non-
executive member, or

(d) is otherwise unable or unfit to perform those functions.”

(7) For the heading immediately before paragraph 6 substitute—

“Remuneration etc of non-executive members”.

(8) 30In paragraph 6—

(a) for “member” substitute “non-executive member”, and

(b) omit “with the consent of the Treasury”.

(9) In paragraph 7—

(a) omit “with the consent of the Treasury”,

(b) 35for “pensions, allowances or gratuities to or in respect of” substitute
“allowances to”,

(c) for “members” substitute “non-executive members”, and

(d) omit sub-paragraph (2).

(10) In paragraph 8—

(a) 40for “member” substitute “non-executive member”, and