Civil Aviation Bill

Session 2012 - 13
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Civil Aviation Bill

Civil Aviation Bill
Schedule 9 — Regulation of operators of dominant airports: consequential provision
101

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.
      (9)
The Department may, by order made with the consent of the
Department of Finance and Personnel, substitute a greater sum for
5
the sum specified in paragraph (3).
     (10)
An order under paragraph (9) does not affect the validity of a
certificate granted under this Article before the order comes into
force.”
8
The amendments in paragraphs 6 and 7 are without prejudice to the power
10
to make further orders amending or revoking the provisions inserted.
Power to make provision in relation to operators of airport areas
9     (1)
The Secretary of State may by regulations make provision about the
operation of Article 2A of the Airports (Northern Ireland) Order 1994 in
cases in which two or more persons are operators of different areas that form
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part of the same airport.
      (2)
Regulations under this paragraph may modify—
(a)
Article 2A of the Airports (Northern Ireland) Order 1994, and
(b)
any provision of Northern Ireland legislation (including the Airports
(Northern Ireland) Order), or of an instrument made under Northern
20
Ireland legislation, which refers to or otherwise operates by
reference to a regulated airport or an airport operator of such an
airport.
      (3)
In this paragraph—
“airport” and “airport operator” have the same meaning as in the
25
Airports (Northern Ireland) Order 1994;
“modify” includes amend, repeal or revoke;
“operator”, in relation to an area that forms part of an airport, means
the person who is the operator of the area for the purposes of this
Part of this Act;
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“regulated airport” has the same meaning as in the Airports (Northern
Ireland) Order 1994.
Schedule 9
Section 76

Regulation of operators of dominant airports: consequential provision
Fair Trading Act 1973 (c. 41)
35
1
Omit section 93B (false or misleading information provided to Competition
Commission in connection with functions under Airports Act 1986).
Airports Act 1986 (c. 31)
2
The Airports Act 1986 is amended as follows.
3
In section 74(3) (exceptions from restrictions on disclosure of information)—
40

Civil Aviation Bill
Schedule 9 — Regulation of operators of dominant airports: consequential provision
102

(a)
omit paragraph (ll), and
(b)
after paragraph (w) insert—
“(x)
Part 1 of the Civil Aviation Act 2012”.
4     (1)
Section 82 (general interpretation) is amended as follows.
      (2)
In subsection (1), in paragraph (a) of the definition of “user”, for “the
5
definition of “relevant activities” in section 36(1)” substitute “subsection
(1A)”.
      (3)
After that subsection insert—
“(1A)
The services and facilities mentioned in the definition of “user” in
subsection (1) are services or facilities provided at an airport for the
10
purposes of—
(a)
the landing, parking or taking off of aircraft,
(b)
the servicing of aircraft (including the supply of fuel), or
(c)
the handling of passengers or their baggage or of cargo at all
stages while on airport premises.
15
(1B)
The services and facilities mentioned in subsection (1A)(c)—
(a)
include services and facilities provided for the purposes of
the transfer of passengers, their baggage or cargo to and from
aircraft, but
(b)
do not include facilities for car parking, for the refreshment of
20
passengers or for the supply of consumer goods or services.”
      (4)
In subsection (3) omit “or 37”.
Water Act 1989 (c. 15)
5
In section 174(3) of the Water Act 1989 (exceptions from restrictions on
disclosure of information), after paragraph (m) insert—
25
“(n)
Part 1 of the Civil Aviation Act 2012”.
Water Industry Act 1991 (c. 56)
6
In Part 2 of Schedule 15 to the Water Industry Act 1991 (enactments
conferring functions for the purposes of which information may be
disclosed), at the end insert—
30
“Part 1 of the Civil Aviation Act 2012.”
Water Resources Act 1991 (c. 57)
7
In Part 2 of Schedule 24 to the Water Resources Act 1991 (enactments
conferring functions for the purposes of which information may be
disclosed), at the end insert—
35
“Part 1 of the Civil Aviation Act 2012.”
Railways Act 1993 (c. 43)
8
In section 145(3) of the Railways Act 1993 (exceptions from restrictions on
disclosure of information), after paragraph (r) insert—
“(s)
Part 1 of the Civil Aviation Act 2012”.
40

Civil Aviation Bill
Schedule 9 — Regulation of operators of dominant airports: consequential provision
103

Competition Act 1998 (c. 41)
9
In paragraph 19A of Schedule 7 to the Competition Act 1998 (performance
of Commission’s general functions: rules of procedure), in the definition of
“special reference group” in sub-paragraph (9), omit paragraphs (c) and (j).
Greater London Authority Act 1999 (c. 29)
5
10
In section 235(3) of the Greater London Authority Act 1999 (exceptions from
restrictions on disclosure of information), after paragraph (s) insert—
“(t)
Part 1 of the Civil Aviation Act 2012”.
Utilities Act 2000 (c. 27)
11
In section 105(6) of the Utilities Act 2000 (exceptions from restrictions on
10
disclosure of information), after paragraph (w) insert—
“(x)
Part 1 of the Civil Aviation Act 2012”.
Transport Act 2000 (c. 38)
12
In paragraph 3(3) of Schedule 9 to the Transport Act 2000 (exceptions from
restrictions on disclosure of information), after paragraph (re) insert—
15
“(rf)
Part 1 of the Civil Aviation Act 2012;”.
Enterprise Act 2002 (c. 40)
13
The Enterprise Act 2002 is amended as follows.
14    (1)
Section 168 (regulated markets) is amended as follows.
      (2)
In subsection (3)—
20
(a)
omit paragraph (b), and
(b)
at the end insert—
“(q)
modifying the conditions of a licence granted under
Chapter 1 of Part 1 of the Civil Aviation Act 2012”.
      (3)
In subsection (4)—
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(a)
omit paragraph (b), and
(b)
at the end insert—
“(s)
in relation to a licence granted under Chapter 1 of Part
1 of the Civil Aviation Act 2012, the duties of the Civil
Aviation Authority under section 1 of that Act”.
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15
In Schedule 15 (enactments conferring functions for the purposes of which
information may be disclosed), at the end insert—
“Civil Aviation Act 2012.”
Civil Contingencies Act 2004 (c. 36)
16    (1)
Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders)
35
is amended as follows.

Civil Aviation Bill
Schedule 9 — Regulation of operators of dominant airports: consequential provision
104

      (2)
In Part 3 (category 2 responders: general), after paragraph 26 insert—
“26A
A person who, for the purposes of Part 1 of the Civil Aviation Act
2012, is an operator of an airport area that consists of or forms part
of an airport in Great Britain.”
      (3)
In Part 4 (category 2 responders: Scotland), after paragraph 36 insert—
5
“36A
A person who, for the purposes of Part 1 of the Civil Aviation Act
2012, is an operator of an airport area that consists of or forms part
of an airport in Scotland.”
Further repeals and revocations
17
The following repeals and revocations are consequential on section 76(1)
10
and (2) and the preceding paragraphs of this Schedule.

Act or instrument
Extent of repeal or revocation

Companies Act 1989 (c. 40)
Section 151.

Airports (Northern Ireland)
In Schedule 9, paragraph 10.

Order 1994 (S.I. 1994/426

15

(N.I. 1))

Scotland Act 1998 (Transfer of
In Schedule 1, in the entry in respect of the

Functions to Scottish
Airports Act 1986, the word “37(5),”.

Ministers) Order 1999

(S.I. 1999/1750)

20

Enterprise Act 2002 (c. 40)
In Schedule 9—

(a)
paragraphs 2(2) and (4) and 3;

(b)
paragraphs 11(2) and (4) and 12.

In Schedule 25—

(a)
paragraph 5(4)(b);

25

(b)
paragraph 14(3) to (5);

(c)
paragraph 33(3) to (6).

Transport Act 2000 (c. 38)
In Schedule 8, paragraph 10.

Civil Aviation Act 2006 (c. 34)
In Schedule 2, paragraph 5.

Serious Crime Act 2007 (c. 27)
In Schedule 6—

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(a)
paragraph 10;

(b)
paragraph 26.