|
| |
|
53 | Procedure before imposing penalty |
| |
(1) | Before imposing a penalty on a person under section 51 or 52 the CAA must— |
| |
(a) | give the person a notice about the proposed penalty, |
| |
(b) | publish the notice as soon as practicable, |
| |
(c) | send a copy of the notice as soon as practicable to such bodies |
| 5 |
representing airport operators or providers of air transport services as |
| |
the CAA considers appropriate, and |
| |
(d) | consider any representations made about the proposed penalty in the |
| |
period specified in the notice (and not withdrawn). |
| |
(2) | The notice under subsection (1) must— |
| 10 |
(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 51 calculated entirely or partly by |
| |
reference to a daily amount, the notice under subsection (1) must specify— |
| 15 |
(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 |
| |
| |
(4) | The period specified in the notice under subsection (1) for making |
| |
representations must be a period of not less than 21 days beginning with the |
| 20 |
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 |
| |
| |
(b) | publish the notice as soon as practicable, |
| 25 |
(c) | send a copy of the notice as soon as practicable to such bodies |
| |
representing airport operators or providers of air transport services as |
| |
the CAA considers appropriate, and |
| |
(d) | consider any representations made about the proposed variation in the |
| |
period specified in the notice (and not withdrawn). |
| 30 |
(6) | In the case of a 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) | the day on which, or circumstances in which, they would cease to |
| 35 |
| |
(7) | The notice under subsection (5) must— |
| |
(a) | specify the proposed variation, and |
| |
(b) | give the CAA’s reasons for the proposed variation. |
| |
(8) | The period specified in the notice under subsection (5) for making |
| 40 |
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) | As soon as practicable after giving a notice under subsection (9), the CAA |
| 45 |
| |
|
| |
|
| |
|
(a) | publish the notice, and |
| |
(b) | send a copy of the notice to such bodies representing airport operators |
| |
or providers of air transport services as the CAA considers appropriate. |
| |
54 | Procedure after imposing penalty |
| |
(1) | As soon as practicable after imposing a penalty on a person under section 51 or |
| 5 |
| |
(a) | give a notice to the person on whom the penalty is imposed, |
| |
(b) | publish the notice, and |
| |
(c) | send a copy of the notice to such bodies representing airport operators |
| |
or providers of air transport services as the CAA considers appropriate. |
| 10 |
| |
(a) | state that the CAA has imposed the penalty, |
| |
(b) | state the amount of the penalty, |
| |
(c) | give the CAA’s reasons for imposing the penalty, and |
| |
(d) | specify a reasonable period within which the penalty must be paid or |
| 15 |
reasonable periods within which different portions of the penalty must |
| |
| |
(3) | In the case of a penalty under section 51 calculated entirely or partly by |
| |
reference to a daily amount, the notice must specify— |
| |
(a) | the day on which daily amounts begin to accumulate, and |
| 20 |
(b) | the day on which, or the circumstances in which, they cease to |
| |
| |
(4) | As soon as practicable after daily amounts cease to accumulate, the CAA |
| |
| |
(a) | give a notice to the person on whom the penalty was imposed |
| 25 |
confirming the day on which they ceased to accumulate, |
| |
(b) | publish the notice, and |
| |
(c) | send a copy of the notice to such bodies representing airport operators |
| |
or providers of air transport services as the CAA considers appropriate. |
| |
55 | Appeals against penalties |
| 30 |
Schedule 5 (appeals against penalties: information) has effect. |
| |
| |
| |
(1) | The CAA may not impose a penalty on a person under section 39, 40 or 51 for |
| |
an act or omission if it has imposed a penalty on the person under one of those |
| 35 |
sections in respect of the same act or omission. |
| |
(2) | Subsection (1) does not prevent the CAA imposing more than one penalty on |
| |
a person in respect of acts or omissions that take place at different times or over |
| |
| |
|
| |
|
| |
|
| |
(1) | This section applies if all or part of a penalty imposed on a person under this |
| |
Chapter is not paid within the period specified in the notice given in respect of |
| |
| |
| 5 |
| |
(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) | the unpaid balance, and |
| 10 |
(b) | any interest on the penalty that has not been paid. |
| |
(4) | Any sums received by the CAA by way of a penalty or interest under this |
| |
Chapter must be paid into the Consolidated Fund. |
| |
58 | Statement of policy on penalties |
| |
(1) | The CAA must prepare and publish a statement of its policy with respect to— |
| 15 |
(a) | imposing penalties under this Chapter, and |
| |
(b) | determining their amount. |
| |
(2) | The CAA may revise the statement of policy and, if it does so, it must publish |
| |
| |
(3) | When imposing a penalty, or determining the amount of a penalty, the CAA |
| 20 |
must have regard to the last statement of policy published before the act or |
| |
omission in respect of which the penalty is to be imposed. |
| |
(4) | When preparing or revising a statement of policy, the CAA must consult such |
| |
persons as it considers appropriate. |
| |
| 25 |
59 | Disclosing information |
| |
(1) | Nothing in this Chapter requires the CAA to publish or otherwise disclose any |
| |
information which it is satisfied is— |
| |
(a) | commercial information, the disclosure of which would, or might in the |
| |
CAA’s opinion, significantly harm the legitimate business interests of |
| 30 |
an undertaking to which it relates, or |
| |
(b) | information relating to the private affairs of an individual, the |
| |
disclosure of which would, or might in the CAA’s opinion, |
| |
significantly harm the individual’s interests. |
| |
(2) | Schedule 6 (restrictions on disclosing information) has effect. |
| 35 |
|
| |
|
| |
|
| |
| |
60 | Functions under Part 4 of Enterprise Act 2002 |
| |
(1) | The functions of the Office of Fair Trading (“the OFT”) specified in subsection |
| |
(2) are to be concurrent functions of the CAA and the OFT. |
| 5 |
(2) | Those functions are the OFT’s functions under Part 4 of the Enterprise Act 2002 |
| |
(market investigations) so far as they relate to the provision of airport |
| |
operation services, other than functions under sections 166 and 171. |
| |
(3) | References to the OFT in the following are to be read as including a reference |
| |
| 10 |
(a) | Part 4 of the Enterprise Act 2002, other than sections 166 and 171, and |
| |
(b) | provisions of that Act applied by that Part. |
| |
(4) | But subsection (3) applies— |
| |
(a) | only so far as it is consequential on subsections (1) and (2), and |
| |
(b) | only if the context does not otherwise require. |
| 15 |
61 | Enterprise Act 2002: supplementary |
| |
(1) | Before the Office of Fair Trading (“the OFT”) or the CAA first carries out |
| |
functions specified in section 60(2) (“relevant 2002 Act functions”) in relation |
| |
to a matter it must consult the other. |
| |
(2) | If the OFT or the CAA has carried out relevant 2002 Act functions in relation to |
| 20 |
a matter, the other must not carry out those functions in relation to that matter. |
| |
(3) | Subsections (4) to (6) apply if, in carrying out relevant 2002 Act functions, the |
| |
CAA makes a reference to the Competition Commission. |
| |
(4) | The CAA must give the Competition Commission any information in the |
| |
CAA’s possession or control— |
| 25 |
(a) | which is requested by the Commission for the purpose of the reference, |
| |
| |
(b) | which the CAA considers it appropriate to give to the Commission for |
| |
| |
(5) | The CAA must give the Competition Commission any other assistance |
| 30 |
requested by the Commission for the purpose of the reference which it is |
| |
within the CAA’s power to give. |
| |
(6) | In carrying out its investigation on the reference the Competition Commission |
| |
must take account of any information given to it under subsection (4). |
| |
(7) | If a question arises as to whether a relevant 2002 Act function must or may be |
| 35 |
carried out by the CAA in relation to a particular case, the question must be |
| |
referred to and determined by the Secretary of State. |
| |
(8) | No objection may be taken to anything done by or in relation to the CAA under |
| |
Part 4 of the Enterprise Act 2002, other than section 166 or 171, on the ground |
| |
that it should have been done by or in relation to the OFT. |
| 40 |
|
| |
|
| |
|
(9) | The CAA may, when carrying out relevant 2002 Act functions, have regard to |
| |
any matter in respect of which a duty is imposed by section 1(1) to (3) of this |
| |
Act if it is a matter to which the OFT may have regard when carrying out |
| |
relevant 2002 Act functions. |
| |
(10) | Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not |
| 5 |
apply in relation to the carrying out by the CAA of relevant 2002 Act functions. |
| |
(11) | In section 136(7) of the Enterprise Act 2002 (investigations and reports on |
| |
market investigation references: relevant sectoral enactments), at the end of |
| |
paragraph (g) insert “or section 60 of the Civil Aviation Act 2012;”. |
| |
62 | Functions under Competition Act 1998 |
| 10 |
(1) | The functions of the Office of Fair Trading (“the OFT”) specified in subsection |
| |
(2) are to be concurrent functions of the CAA and the OFT. |
| |
(2) | Those functions are the OFT’s functions under Part 1 of the Competition Act |
| |
1998 (competition) so far as they relate to anything which— |
| |
(a) | is mentioned in subsection (3)(a) to (d), and |
| 15 |
(b) | relates to the provision of airport operation services, |
| |
| other than functions under sections 31D(1) to (6), 38(1) to (6) and 51. |
| |
| |
(a) | agreements, decisions or concerted practices of the kind mentioned in |
| |
section 2(1) of that Act, |
| 20 |
(b) | conduct of the kind mentioned in section 18(1) of that Act, |
| |
(c) | agreements, decisions or concerted practices of the kind mentioned in |
| |
Article 101 of the Treaty on the Functioning of the European Union, or |
| |
(d) | conduct which amounts to abuse of the kind mentioned in Article 102 |
| |
| 25 |
(4) | References to the OFT in Part 1 of the Competition Act 1998, other than in |
| |
sections 31D(1) to (6), 38(1) to (6) and 51, are to be read as including a reference |
| |
| |
(5) | But subsection (4) applies— |
| |
(a) | only so far as it is consequential on subsections (1) and (2), and |
| 30 |
(b) | only if the context does not otherwise require. |
| |
63 | Competition Act 1998: supplementary |
| |
(1) | No objection may be taken to anything done by or in relation to the CAA under |
| |
a provision of Part 1 of the Competition Act 1998, other than sections 31D(1) to |
| |
(6), 38(1) to (6) and 51, on the ground that it should have been done by or in |
| 35 |
relation to the Office of Fair Trading. |
| |
(2) | The CAA may, when carrying out relevant 1998 Act functions, have regard to |
| |
any matter in respect of which a duty is imposed by section 1(1) to (3) of this |
| |
Act if it is a matter to which the Office of Fair Trading may have regard when |
| |
carrying out relevant 1998 Act functions. |
| 40 |
(3) | Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not |
| |
apply in relation to the carrying out by the CAA of relevant 1998 Act functions. |
| |
|
| |
|
| |
|
(4) | In this section “relevant 1998 Act functions” means functions specified in |
| |
| |
64 | Review etc of airport operation services |
| |
(1) | The CAA must, so far as it appears to it practicable to do so— |
| |
(a) | keep under review the provision of airport operation services in the |
| 5 |
United Kingdom and elsewhere, and |
| |
(b) | collect information about the provision of such services in the United |
| |
| |
| with a view to facilitating the carrying out of its functions under this Chapter. |
| |
(2) | The CAA must provide information, advice and assistance to the Secretary of |
| 10 |
State and the Office of Fair Trading (“the OFT”) regarding any matter in respect |
| |
of which the CAA has a function under this Chapter if— |
| |
(a) | it thinks it expedient to do so, or |
| |
(b) | it is asked by the Secretary of State or the OFT to do so. |
| |
(3) | Subsection (2)(b) applies only so far as it appears to the CAA practicable for the |
| 15 |
CAA to provide the information, advice or assistance requested. |
| |
| |
(a) | prepare reports relating to competition in markets for airport operation |
| |
| |
(b) | arrange for such reports to be published. |
| 20 |
(5) | The CAA may exclude from publication under subsection (4)(b) any |
| |
information which it is satisfied is— |
| |
(a) | commercial information, the disclosure of which would, or might in the |
| |
CAA’s opinion, significantly harm the legitimate business interests of |
| |
an undertaking to which it relates, or |
| 25 |
(b) | information relating to the private affairs of an individual, the |
| |
disclosure of which would, or might in the CAA’s opinion, |
| |
significantly harm the individual’s interests. |
| |
(6) | 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. |
| 30 |
65 | Power to modify CAA’s competition powers |
| |
(1) | The Secretary of State may by regulations modify sections 60(2) and 62(2) by |
| |
providing that the functions of the Office of Fair Trading mentioned in those |
| |
| |
(a) | do not include functions relating to the provision of particular airport |
| 35 |
| |
(b) | include functions relating to the provision of particular services at an |
| |
airport that are not airport operation services. |
| |
(2) | The regulations may make consequential, incidental or supplemental |
| |
provision amending this Chapter. |
| 40 |
|
| |
|
| |
|
| |
| |
| |
| |
(1) | In this Part “airport” means an aerodrome within the meaning of the Civil |
| 5 |
Aviation Act 1982 together with other land, buildings and structures used for |
| |
| |
(a) | the landing and taking off of aircraft at the aerodrome, |
| |
(b) | the manoeuvring, parking or servicing of aircraft between landing and |
| |
take-off at the aerodrome, including the supply of fuel, |
| 10 |
(c) | the arrival or departure of persons carried or to be carried as passengers |
| |
by air transport services operating to or from the aerodrome, together |
| |
| |
(d) | the arrival or departure of cargo carried or to be carried by such |
| |
| 15 |
(e) | the processing of such persons, baggage and cargo between their |
| |
arrival and departure, and |
| |
(f) | the arrival or departure of persons who work at the airport. |
| |
(2) | Section 67 makes further provision about what is and is not included in an |
| |
airport for the purposes of this Part. |
| 20 |
(3) | The Secretary of State may by regulations provide that, for the purposes of this |
| |
Part, land, buildings and other structures specified in the regulations, or of a |
| |
description specified in the regulations, are or are not— |
| |
(a) | part of an airport, or |
| |
(b) | part of the core area of an airport. |
| 25 |
(4) | The regulations may, in particular— |
| |
(a) | modify subsection (1)(a) to (f) and section 67, and |
| |
(b) | modify the definition of the core area of an airport in section 5. |
| |
(5) | In this section “modify” includes amend or repeal. |
| |
67 | Airports: supplementary |
| 30 |
(1) | An airport includes, in particular— |
| |
(a) | a passenger terminal, |
| |
(b) | the forecourt of a passenger terminal, |
| |
(c) | a qualifying car park, |
| |
(d) | a cargo processing area, |
| 35 |
(e) | land, buildings and other structures used for air traffic services, and |
| |
(f) | land, buildings and other structures used for the purposes of |
| |
transferring passengers, baggage or cargo— |
| |
(i) | between passenger terminals or cargo processing areas that |
| |
form part of the airport, or |
| 40 |
(ii) | between such terminals or areas and aircraft using the airport, |
| |
| subject to the following provisions of this section. |
| |
|
| |
|