Civil Aviation Bill

Session 2012 - 13
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Civil Aviation Bill

Civil Aviation Bill
Schedule 10 — Regulation of operators of dominant airports: transitional provision
Part 1 — Regulation
105

Schedule 10
Section 76

Regulation of operators of dominant airports: transitional provision
Part 1
Regulation
Definitions
5
1
In this Part of this Schedule—
“the 1986 Act” means the Airports Act 1986;
“the 1994 Order” means the Airports (Northern Ireland) Order 1994
(S.I. 1994/426 (N.I. 1));
“the commencement day” means the day on which section 3 of this Act
10
comes into force;
“designated airport” means an airport (as defined in the 1986 Act or the
1994 Order) which is designated for the purposes of section 40 of the
1986 Act or Article 31 of the 1994 Order;
“the interim period” means the period beginning with the
15
commencement day and ending with 31 March 2014.
Market power determinations: designated airports
2     (1)
This paragraph applies where, immediately before the commencement day,
an airport is a designated airport.
      (2)
The market power test is to be treated as met on the commencement day in
20
relation to the airport area consisting of the whole of the airport.
      (3)
Part 1 of this Act has effect on and after the commencement day as if the
CAA—
(a)
had made a determination to that effect on the commencement day,
and
25
(b)
had published a notice of the determination in accordance with
section 8.
      (4)
In section 7(5) (disapplication of CAA’s duty to make market power
determination), the reference to a market power determination previously
made by the CAA does not include a determination treated as made by
30
virtue of sub-paragraph (3).
      (5)
Section 8(3) (CAA’s reasons for determination) does not apply in relation to
the notice treated as published under sub-paragraph (3).
      (6)
A person may not appeal under Schedule 1 against the market power
determination treated as made under sub-paragraph (3).
35
Exemption from prohibition for designated airports during interim period
3     (1)
This paragraph applies where, immediately before the commencement day,
an airport is a designated airport.
      (2)
Nothing in Chapters 1 and 3 of this Part prevents a person from requiring
payment of, or recovering, charges in respect of services provided at the
40
airport during the shorter of the following periods—

Civil Aviation Bill
Schedule 10 — Regulation of operators of dominant airports: transitional provision
Part 1 — Regulation
106

(a)
the interim period;
(b)
the period beginning with the commencement day and ending with
the day on which the airport ceases to be a designated airport.
Designation and de-designation before commencement day
4     (1)
In section 7(5) (disapplication of CAA’s duty to make market power
5
determination), the reference to a market power determination previously
made by the CAA in relation to an airport area (or an area that includes all
of a particular airport area) includes any of the following that are made on
or after 10 November 2011—
(a)
an order designating the airport at which the area is located for the
10
purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;
(b)
an order revoking the designation of that airport for those purposes;
(c)
a decision by the Secretary of State or the Department of the
Environment in Northern Ireland not to make an order mentioned in
paragraph (a) or (b).
15
      (2)
Where—
(a)
a request is made before the commencement day for an order
designating an airport for the purposes of section 40 of the 1986 Act
or Article 31 of the 1994 Order or revoking the designation of such an
airport for those purposes, and
20
(b)
the Secretary of State or the Department of the Environment in
Northern Ireland does not make the order, or decide not to make the
order, before the commencement day,

the request is to be treated on and after that day as a request to the CAA for
a market power determination in respect of the airport area consisting of the
25
whole of the airport.
      (3)
In this paragraph, references to an airport are to an airport as defined in the
1986 Act or the 1994 Order, except in the expression “airport area”.
Designation and de-designation during interim period
5     (1)
During the interim period, an order may not be made designating an airport
30
for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order.
      (2)
Section 40A(1) of the 1986 Act and Article 31A(1) of the 1994 Order (duty to
designate airports in specified circumstances) do not require an order
designating an airport for those purposes to be made during the interim
period.
35
      (3)
During the interim period, an order designating an airport for the purposes
of section 40 of the 1986 Act or Article 31 of the 1994 Order—
(a)
must be revoked if the designated airport ceases to be a dominant
airport for the purposes of this Part of this Act, and
(b)
may not otherwise be revoked.
40
      (4)
Where—
(a)
a request is made during the interim period for an order revoking the
designation of an airport for the purposes of section 40 of the 1986
Act or Article 31 of the 1994 Order, and

Civil Aviation Bill
Schedule 10 — Regulation of operators of dominant airports: transitional provision
Part 1 — Regulation
107

(b)
the Secretary of State or the Department of the Environment in
Northern Ireland does not make the order, or decide not to make the
order, before the end of that period,

the request is to be treated after the end of the interim period as a request to
the CAA for a market power determination in respect of the airport area
5
consisting of the whole of the airport.
      (5)
In this paragraph, references to an airport are to an airport as defined in the
1986 Act or the 1994 Order, except in the expressions “airport area” and
“dominant airport”.
Modification of preceding paragraphs
10
6     (1)
This paragraph applies where an airport as defined in section 66 of this Act
(a “2012 Act airport”) consists of an airport as defined in the 1986 Act or the
1994 Order (a “predecessor airport”) and other land, buildings and
structures.
      (2)
In paragraph 2, if the predecessor airport is a designated airport—
15
(a)
the reference in sub-paragraph (1) to an airport that is a designated
airport includes the 2012 Act airport, and
(b)
the reference in sub-paragraph (2) to the whole of the airport is to the
whole of the 2012 Act airport.
      (3)
In paragraph 3, if the predecessor airport is a designated airport—
20
(a)
the reference in sub-paragraph (1) to an airport that is a designated
airport includes the 2012 Act airport,
(b)
the reference in sub-paragraph (2) to services provided at the airport
are to services provided at the 2012 Act airport, and
(c)
the reference in sub-paragraph (2)(b) to an airport ceasing to be a
25
designated airport includes the 2012 Act airport ceasing to include an
area that is a designated airport.
      (4)
An airport area that is not located at the predecessor airport is to be treated
as located at that airport for the purposes of paragraph 4(1) if it forms part
of the 2012 Act airport.
30
      (5)
Where a request falling within paragraph 4(2)(a) and (b) is made in relation
to the predecessor airport, the request is to be treated on and after the
commencement day as a request for a market power determination in
respect of the airport area consisting of the whole of the 2012 Act airport.
      (6)
In paragraph 5, if the predecessor airport is a designated airport, the
35
reference in sub-paragraph (3) to a designated airport ceasing to be a
dominant airport includes the predecessor airport ceasing to form part of a
dominant airport.
      (7)
Where a request falling within paragraph 5(4)(a) and (b) is made in relation
to the predecessor airport, the request is to be treated after the end of the
40
interim period as a request for a market power determination in respect of
the airport area consisting of the whole of the 2012 Act airport.
Power to amend this Schedule
7     (1)
The power under section 107 includes power to amend or otherwise modify
this Schedule, subject to sub-paragraph (2).
45

Civil Aviation Bill
Schedule 10 — Regulation of operators of dominant airports: transitional provision
Part 2 — Status of airport operators as statutory undertakers etc
108

      (2)
The power may not be used—
(a)
to provide that the interim period ends before 31 March 2014, or
(b)
to make provision having an effect equivalent to any effect that
would result from such a change.
Part 2
5
Status of airport operators as statutory undertakers etc
Great Britain
8
In paragraphs 9 to 12 “the commencement day” means the day on which
Part 1 of Schedule 8 comes into force.
9     (1)
This paragraph applies where, in relation to an airport, a permission to levy
10
airport charges is in force under Part 4 of the Airports Act 1986 (economic
regulation of airports) immediately before the commencement day (but see
paragraph 11).
      (2)
The permission has effect on and after the commencement day as if it were
a certificate granted by the CAA under section 57A of that Act (statutory
15
undertakers) (inserted by Part 1 of Schedule 8).
10    (1)
This paragraph applies where, immediately before the commencement day,
there subsists a pending application made by the operator of an airport in
accordance with section 38 of the Airports Act 1986 for a permission to levy
airport charges (but see paragraph 11).
20
      (2)
The application has effect on and after the commencement day as if it were
an application for a certificate under section 57A of that Act (statutory
undertakers) (inserted by Part 1 of Schedule 8).
      (3)
Part 5 of the Airports Act 1986 (statutory undertakers) applies to the airport
while the application is pending.
25
11
Paragraphs 9 and 10 do not apply where the airport is an airport mentioned
in section 57A(5) of the Airports Act 1986 (airports owned by councils or
transport authorities etc) (inserted by Part 1 of Schedule 8).
12
Nothing in this Act affects any rights or liabilities accruing under or by
virtue of Part 5 of the Airports Act 1986 (statutory undertakers) before the
30
commencement day.
13
In paragraphs 9 to 11, “airport” has the same meaning as in the Airports Act
1986.
Northern Ireland
14
In paragraphs 15 to 17 “the commencement day” means the day on which
35
Part 2 of Schedule 8 comes into force.
15    (1)
This paragraph applies where, in relation to an airport, a permission to levy
airport charges is in force under Part 4 of the Airports (Northern Ireland)
Order 1994 (S.I. 1994/426 (N.I. 1)) (economic regulation of airports)
immediately before the commencement day.
40

Civil Aviation Bill
Schedule 11 — Aviation security directions etc: minor and consequential amendments
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      (2)
The permission has effect on and after the commencement day as if it were
a certificate granted by the CAA under Article 2A of that Order (statutory
undertakers) (inserted by Part 2 of Schedule 8).
16    (1)
This paragraph applies where, immediately before the commencement day,
there subsists a pending application made by the operator of an airport in
5
accordance with Article 29 of the Airports (Northern Ireland) Order 1994
(S.I. 1994/426 (N.I. 1)) for a permission to levy airport charges.
      (2)
The application has effect on and after the commencement day as if it were
an application for a certificate under Article 2A of that Order (regulated
airports) (inserted by Part 2 of Schedule 8).
10
      (3)
The airport is to be treated as a regulated airport for the purposes of the
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) while the
application is pending.
17
Nothing in this Act affects any rights or liabilities accruing under or by
virtue of Part 2 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426
15
(N.I. 1)) (powers in relation to land exercisable in connection with airports)
or Article 25 or 26 of that Order before the commencement day.
18
In paragraphs 15 to 17, “airport” has the same meaning as in the Airports
(Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)).
Schedule 11
20
Section 78

Aviation security directions etc: minor and consequential amendments
Civil Aviation Act 1982 (c. 16)
1
Part 1 of the Civil Aviation Act 1982 (administration) is amended as follows.
2
In section 11 (charges by CAA) at the end insert—
“(8)
References in this section to functions of the CAA include functions
25
conferred by or under Part 2 of the Aviation Security Act 1982 on
authorised persons (as defined in that Part) to the extent that the
functions are carried out by persons authorised by the CAA.”
3
In section 20 (supplementary provisions with respect to functions of the
CAA) at the end insert—
30
“(5)
References in this section to functions of the CAA include functions
conferred by or under Part 2 of the Aviation Security Act 1982 on
authorised persons (as defined in that Part) to the extent that the
functions are carried out by persons authorised by the CAA.”
Aviation Security Act 1982 (c. 36)
35
4
Part 2 of the Aviation Security Act 1982 (protection of civil aviation against
acts of violence and other unlawful interference) is amended as follows.
5
For the heading before section 11 substitute “Information”.
6     (1)
Section 11 (power to require information) is amended as follows.

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Schedule 11 — Aviation security directions etc: minor and consequential amendments
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      (2)
In subsection (1)—
(a)
for “The Secretary of State” substitute “A relevant authority”,
(b)
for “the Secretary of State”, in each place, substitute “the authority”,
and
(c)
for “his functions” substitute “functions conferred by or”.
5
      (3)
After that subsection insert—
“(1A)
Each of the following is a relevant authority for the purposes of this
section—
(a)
the Secretary of State, and
(b)
the CAA.”
10
      (4)
In subsections (2) to (4) and (6) for “Secretary of State”, in each place,
substitute “relevant authority”.
      (5)
In subsection (4) for “him” substitute “the authority”.
      (6)
In subsection (6)—
(a)
after “person” insert “by a relevant authority”, and
15
(b)
after “varied” insert “by the relevant authority”.
      (7)
Accordingly, in the heading of that section omit “for Secretary of State”.
7
Before section 11A insert—
“Designation of security restricted areas”.
8     (1)
Section 11A (designation of security restricted area) is amended as follows.
20
      (2)
After subsection (4) insert—
“(4A)
Before approving an application without modifications the Secretary
of State shall consult the CAA.”
      (3)
In subsection (5), before paragraph (a) insert—
“(za)
the CAA,”.
25
      (4)
In subsection (8), before paragraph (a) insert—
“(za)
the CAA,”.
9
Before section 12 insert—
“Directions”.
10
In section 12(3) (power to impose restrictions in relation to aircraft)—
30
(a)
for “the Civil Aviation Authority” substitute “the CAA”, and
(b)
for “that Authority” substitute “the CAA”.
11
In section 15(2) (matters which may be included in directions under section
12) for “the Civil Aviation Authority” substitute “the CAA”.
12    (1)
After section 17 insert—
35
“17A
Copies of directions etc for CAA
(1)
The Secretary of State must give the CAA a copy of—
(a)
each direction under section 12, 13, 13A or 14, and

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Schedule 11 — Aviation security directions etc: minor and consequential amendments
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(b)
each direction varying or revoking such a direction.
(2)
The Secretary of State must inform the CAA of each notification
given under section 17.”
      (2)
The amendment made by sub-paragraph (1) applies only in relation to
directions and notifications given on or after the day on which this
5
paragraph comes into force.
13    (1)
Section 18A (enforcement notices) is amended as follows.
      (2)
Omit subsection (3).
      (3)
After that subsection insert—
“(4)
Where a person authorised in writing by the Secretary of State for the
10
purposes of this Part of this Act serves an enforcement notice, the
Secretary of State must give the CAA a copy of the notice.
(5)
Where a person authorised in writing by the CAA for the purposes
of this Part of this Act serves an enforcement notice, the CAA must
give the Secretary of State a copy of the notice.”
15
14    (1)
Section 18D (objections to enforcement notices) is amended as follows.
      (2)
After subsection (3) insert—
“(3A)
On receipt of an objection to an enforcement notice under subsection
(1) the Secretary of State must—
(a)
give a copy of the objection to the authorised person who
20
served the enforcement notice and the CAA,
(b)
consider the objection,
(c)
allow the person making the objection and the authorised
person who served the enforcement notice an opportunity to
make written or oral representations to the Secretary of State
25
or a person appointed by the Secretary of State,
(d)
give a decision notice to the person who made the objection,
and
(e)
give a copy of the decision notice to the authorised person
who served the enforcement notice and the CAA.”
30
      (3)
In subsection (4)—
(a)
for the words from the beginning to “on the objector” substitute “In
this section “decision notice” means”, and
(b)
in paragraph (b) for “notice under this subsection” substitute
“decision notice”.
35
      (4)
In subsection (5) for “a notice under subsection (4) above”, in both places,
substitute “a decision notice”.
15    (1)
Section 20B (detention directions) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
Where a person authorised in writing by the Secretary of State for the
40
purposes of this Part of this Act gives a detention direction, the
Secretary of State must give the CAA a copy of the direction.