Civil Aviation Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
Schedule 12 — Aviation security: further provision about transfer schemes
112

(2B)
Where a person authorised in writing by the CAA for the purposes
of this Part of this Act gives a detention direction, the CAA must give
the Secretary of State a copy of the direction.”
      (3)
In subsection (5)—
(a)
before paragraph (a) insert—
5
“(za)
give a copy of the objection to the authorised person
who gave the direction and the CAA,”,
(b)
omit “and” at the end of paragraph (c),
(c)
in paragraph (d) omit “and the authorised person who gave the
direction”, and
10
(d)
after that paragraph insert “, and
(e)
give a copy of the notice to the authorised person who
gave the direction and the CAA.”
16
In section 21 (application of provisions to air navigation installations), in
subsection (7)—
15
(a)
after “in section” insert “14A, 16A,”, and
(b)
after “17,” insert “17A,”.
17    (1)
Section 21G (duty to report certain occurrences) is amended as follows.
      (2)
In subsection (1) after “to him” insert “or the CAA”.
      (3)
In subsection (2) after “consult” insert “—
20
(a)
the CAA, and
(b)
”.
Application of Part 3 of Regulatory Enforcement and Sanctions Act 2008 (“the RESA 2008”)
18
The offences under section 11 of the Aviation Security Act 1982 (as amended
by this Schedule) (“the ASA 1982”) in connection with providing, or failing
25
to provide, information to the Civil Aviation Authority are to be treated for
the purposes of Part 3 of the RESA 2008 (civil sanctions) as contained in Part
2 of the ASA 1982 immediately before the day on which the RESA 2008 was
passed.
Schedule 12
30
Section 82

Aviation security: further provision about transfer schemes
Transfer
1     (1)
The property, rights and liabilities that may be transferred by a scheme
under section 82 (a “transfer scheme”) include property, rights and liabilities
that would otherwise be incapable of being transferred.
35
      (2)
A transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property transferred
by the scheme,
(b)
create new rights and liabilities as between the Crown and the Civil
Aviation Authority (“the CAA”), and
40

Civil Aviation Bill
Schedule 12 — Aviation security: further provision about transfer schemes
113

(c)
apportion property, rights and liabilities between the Crown and the
CAA.
      (3)
A transfer scheme may include consequential, incidental, supplementary,
transitional, transitory and saving provision.
Employment
5
2     (1)
This paragraph has effect where rights, powers, duties and liabilities relating
to an individual’s contract of employment are transferred in accordance
with a transfer scheme.
      (2)
The transfer does not break the continuity of the individual’s employment
and accordingly—
10
(a)
the individual is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (redundancy) as having been
dismissed by virtue of the transfer, and
(b)
the individual’s period of employment in the civil service of the
Crown counts as a period of employment with the CAA for the
15
purposes of that Act.
3     (1)
This paragraph has effect where—
(a)
a transfer scheme contains provision for the transfer of rights,
powers, duties and liabilities relating to an individual’s contract of
employment, but
20
(b)
before the transfer takes effect, the individual informs the Secretary
of State or the CAA that the individual objects to the transfer.
      (2)
Those rights, powers, duties and liabilities are not transferred under the
transfer scheme.
      (3)
The individual’s contract of employment is terminated immediately before
25
the day on which the transfer would occur.
      (4)
The individual is not, for any purpose, to be regarded as having been
dismissed.
      (5)
Nothing in this paragraph affects the individual’s right to terminate the
contract of employment if, apart from the change of employer, a substantial
30
change is made to the individual’s detriment in the individual’s working
conditions.
4     (1)
If a transfer scheme contains provision for the transfer of rights, powers,
duties and liabilities relating to an individual’s contract of employment, it
may include provision with respect to the individual’s eligibility to become
35
a member of a pension scheme by virtue of employment with the CAA.
      (2)
The transfer scheme may include provision with respect to rights of, or
rights or liabilities in respect of, the individual under—
(a)
a pension scheme of which the individual may become a member by
virtue of employment with the CAA, or
40
(b)
a pension scheme of which the individual is a member by virtue of
employment immediately before the transfer.
      (3)
In this paragraph “pension scheme” includes a scheme made under section
1 of the Superannuation Act 1972 (superannuation schemes as respects civil
servants etc).
45

Civil Aviation Bill
Schedule 13 — Appeals against penalties
114

Civil servants treated as employed under a contract of employment etc
5     (1)
This Schedule applies with the following modifications in relation to
employment in the civil service of the Crown on terms which do not
constitute a contract of employment.
      (2)
Where an individual holds such employment—
5
(a)
the individual is to be treated as employed under a contract of
employment,
(b)
the terms of the employment in the civil service of the Crown are to
be treated as the terms of that contract, and
(c)
the reference in paragraph 3 to dismissal is to be treated as a
10
reference to termination of the employment in the civil service of the
Crown.
Certificate
6
A certificate issued by the Secretary of State that any property, rights,
powers, duties or liabilities have been transferred to the CAA under a
15
transfer scheme is conclusive evidence of the transfer.
Validity
7
A transfer under a transfer scheme does not affect the validity of anything
done by or in relation to the Crown before the transfer takes effect.
Continuity
20
8     (1)
A transfer scheme may provide for things done by or in relation to the
Crown for the purposes of or in connection with anything transferred under
a transfer scheme to be—
(a)
treated as done by or in relation to the CAA or its members or
employees, or
25
(b)
continued by or in relation to the CAA or its members or employees.
      (2)
A transfer scheme may, in particular—
(a)
make provision about the continuation of legal proceedings, and
(b)
make provision for references to the Crown in documents to be
treated as references to the CAA.
30
Schedule 13
Section 90

Appeals against penalties
Appeals against penalties
1     (1)
A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 86 or 87.
35
      (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;

Civil Aviation Bill
Schedule 13 — Appeals against penalties
115

(c)
in 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—
5
(a)
that 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
10
withdrawn.
Decisions on appeal
2     (1)
The Competition Appeal Tribunal must decide an appeal under this
Schedule—
(a)
on the merits, and
15
(b)
by reference to the grounds of appeal in the notice of appeal.
      (2)
It may—
(a)
confirm or set aside the notice or penalty;
(b)
give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.
20
      (3)
It 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
25
decision 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
30
of—
(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 or
35
Northern Ireland, the Court of Appeal, or
(b)
in the case of an appeal from proceedings in Scotland, the Court of
Session.