Session 2012 - 13
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Other Bills before Parliament

Civil Aviation Bill


Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports

34

 

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period specified in the notice (and not withdrawn).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—

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(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

accumulate.

(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

the proposed variation,

(b)   

publish the notice as soon as practicable,

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(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period specified in the notice (and not withdrawn).

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(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

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)   

The period specified in the notice under subsection (5) for making

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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

must—

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports

35

 

(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

52, the CAA must—

(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

(2)   

The notice must—

(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

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reasonable periods within which different portions of the penalty must

be paid.

(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

accumulate.

(4)   

As soon as practicable after daily amounts cease to accumulate, the CAA

must—

(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.

Penalties

56      

Imposing penalties

(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

different periods.

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports

36

 

57      

Recovering penalties

(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

the penalty under—

(a)   

section 42, or

5

(b)   

section 54.

(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

the revised statement.

(3)   

When imposing a penalty, or determining the amount of a penalty, the CAA

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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.

Disclosing information

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

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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

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 2 — Competition

37

 

Chapter 2

Competition

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

to the CAA—

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,

or

(b)   

which the CAA considers it appropriate to give to the Commission for

that purpose.

(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

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 2 — Competition

38

 

(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.

(3)   

Those things are—

(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

of that Treaty.

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(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

to the CAA.

(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

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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.

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 2 — Competition

39

 

(4)   

In this section “relevant 1998 Act functions” means functions specified in

section 62(2).

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

Kingdom and elsewhere,

   

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.

(4)   

The CAA may—

(a)   

prepare reports relating to competition in markets for airport operation

services, and

(b)   

arrange for such reports to be published.

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(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.

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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

provisions—

(a)   

do not include functions relating to the provision of particular airport

35

operation services, or

(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

 
 

Civil Aviation Bill
Part 1 — Airports
Chapter 3 — General provision

40

 

Chapter 3

General provision

Interpretation

66      

Airports

(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

the purposes of—

(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

with their baggage,

(d)   

the arrival or departure of cargo carried or to be carried by such

services,

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.

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(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,

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(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

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(ii)   

between such terminals or areas and aircraft using the airport,

   

subject to the following provisions of this section.

 
 

 
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Revised 10 May 2012