Civil Aviation Bill

Session 2012 - 13
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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period specified in the notice (and not withdrawn).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—
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
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,
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period specified in the notice (and not withdrawn).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
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
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
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
15
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
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.
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
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

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.
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
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
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.

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.
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
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.
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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.
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.