Civil Aviation Bill

Session 2012 - 13
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Civil Aviation Bill

Civil Aviation Bill
Part 2 — Other aviation matters
48

(2)
If the CAA considers that there is a conflict between its duty under
subsection (1) and its duty under section 4 of the Civil Aviation Act
1982 (CAA’s general objectives) it must—
(a)
consult the Secretary of State, and
(b)
resolve the conflict in the manner directed by the Secretary of
5
State,

and doing so is to be treated for all purposes as compliance with
subsection (1) of this section and section 4 of that Act.”
(5)
In section 24A(1) (interpretation)—
(a)
for the definition of “authorised person” substitute—
10
““authorised person” means a person authorised in
writing by the Secretary of State or the CAA for the
purposes of this Part of this Act,”, and
(b)
after that definition insert—
““the CAA” means the Civil Aviation Authority,”.
15
(6)
Schedule 11 (aviation security directions etc: minor and consequential
amendments) has effect.
79
Approved providers of aviation security services
(1)
Section 20A of the Aviation Security Act 1982 (aviation security services:
approved providers) is amended as follows.
20
(2)
In subsection (2), for “provide for the Secretary of State to maintain a list of
persons who are approved by him” substitute “provide for the CAA to
maintain a list of persons who are approved by it”.
(3)
In subsection (3)—
(a)
before paragraph (a) insert—
25
“(za)
provide for approval to be given, and persons to be
listed, in respect of the provision of the aviation security
service generally or only at a particular location;”,
(b)
in paragraphs (a) and (b) for “that service” substitute “the provision of
that service generally or at the relevant location”,
30
(c)
after paragraph (d) insert—
“(da)
make provision about factors to be taken into account
when deciding whether to grant an application;”,
(d)
after paragraph (e) insert—
“(ea)
make provision for employees of persons who are listed
35
in respect of the provision of an aviation security service
generally or at a particular location to be treated as listed
in respect of the provision of that service generally or at
that location (as appropriate) in specified
circumstances;”,
40
(e)
in paragraph (f), after “are listed” insert “, or employees of such
persons,”,
(f)
after that paragraph insert—
“(fa)
make provision about other conditions with which
persons who apply to be listed or who are listed, or
45
employees of such persons, must comply;”,
(g)
in paragraph (g) omit “which shall include provision for appeal”, and

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Part 2 — Other aviation matters
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(h)
in paragraph (i) after “functions” insert “on the CAA,”.
(4)
After subsection (3) insert—
“(3A)
The regulations must—
(a)
include provision for appeals against the refusal of applications
for inclusion in a list,
5
(b)
include provision for appeals against removal from a list, and
(c)
if they make provision described in subsection (3)(f) or (fa),
include provision for appeals against the conditions.”
(5)
After subsection (5) insert—
“(5A)
In subsection (5) “listed person”, in relation to an aviation security
10
service, means a person who is listed in respect of the provision of that
service generally or at the relevant location.”
80
Advice and assistance in connection with aviation security
After section 21G of the Aviation Security Act 1982 insert—
“Advice and assistance
15
21H
Provision of advice and assistance to Secretary of State
(1)
The CAA must provide such advice and assistance to the Secretary of
State as the Secretary of State requires in connection with matters
relevant to the purposes to which this Part of this Act applies.
(2)
A requirement under subsection (1) may be expressed so as to operate
20
as a continuing requirement on the CAA.
(3)
Nothing in this section affects the generality of section 16 of the Civil
Aviation Act 1982 (provision by CAA of assistance etc for Secretary of
State and others).
21I
Provision of advice and assistance to other persons
25
(1)
The CAA must provide such advice and assistance to the persons listed
in subsection (3) as it considers appropriate having regard to the
purposes to which this Part of this Act applies.
(2)
The CAA may, in particular, provide advice and assistance to such
persons in connection with measures that they are required to take by
30
directions under sections 12 to 14.
(3)
Those persons are—
(a)
managers of aerodromes in the United Kingdom,
(b)
authorities responsible for air navigation installations in the
United Kingdom,
35
(c)
operators of aircraft registered or operating in the United
Kingdom,
(d)
persons occupying land forming part of an aerodrome or air
navigation installation in the United Kingdom,
(e)
persons permitted to have access to a security restricted area of
40
such an aerodrome or air navigation installation for the
purposes of carrying on a business, and

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(f)
any other persons carrying on activities at or in connection with
such an aerodrome or air navigation installation, or considering
doing so, who are of a description notified to the CAA by the
Secretary of State for the purposes of this section.
(4)
The Secretary of State may provide such advice and assistance to the
5
persons listed in subsection (3) as the Secretary of State considers
appropriate having regard to—
(a)
the purposes to which this Part of this Act applies, and
(b)
any advice and assistance provided to those persons by the
CAA.”
10
81
Power to modify functions of CAA etc relating to aviation security
After section 21I of the Aviation Security Act 1982 (inserted by section 80)
insert—
“21J
Power to modify functions of CAA etc relating to aviation security
(1)
The Secretary of State may by regulations modify—
15
(a)
the functions of the CAA relating to the purposes to which this
Part of this Act applies, and
(b)
the functions under this Part of this Act of persons authorised in
writing by the CAA for the purposes of this Part.
(2)
Regulations under this section may, in particular—
20
(a)
confer powers, or impose duties, on the CAA or persons
mentioned in subsection (1)(b),
(b)
remove or restrict powers or duties of the CAA or such persons,
(c)
require the CAA to comply with directions given by the
Secretary of State when carrying out a function conferred by the
25
regulations,
(d)
make different provision for different cases,
(e)
amend or repeal an enactment (whenever passed), including a
provision of this Part of this Act, and amend or revoke a
provision of an instrument made under an enactment
30
(whenever made), and
(f)
include consequential, supplementary, incidental, transitional,
transitory and saving provision.
(3)
The Secretary of State must consult the CAA before making regulations
under this section.
35
(4)
The regulations must be made by statutory instrument.
(5)
A statutory instrument containing the regulations may not be made
unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.”
82
Transfer schemes
40
(1)
The Secretary of State may make one or more schemes for the transfer to the
Civil Aviation Authority (“the CAA”) of—
(a)
rights, powers, duties and liabilities of the Crown in connection with
individuals employed in the civil service of the Crown, and

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(b)
other property, rights and liabilities of the Crown.
(2)
A scheme may transfer only such property, rights, powers, duties and
liabilities as the Secretary of State considers appropriate having regard to—
(a)
the functions conferred on the CAA by or under Part 2 of the Aviation
Security Act 1982 (as amended by sections 78 to 81 and Schedule 11),
5
and
(b)
the functions of persons authorised by the CAA for the purposes of that
Part (as so amended).
(3)
Before making a scheme under this section the Secretary of State must consult
the CAA.
10
(4)
Schedule 12 (aviation security: further provision about transfer schemes) has
effect.
Provision of information about aviation
83
Information for benefit of users of air transport services
(1)
The CAA must publish, or arrange for the publication of, such information and
15
advice as it considers appropriate for the purpose of assisting users of air
transport services to compare—
(a)
air transport services provided to or from a civil airport;
(b)
services and facilities provided at a civil airport in the United Kingdom;
(c)
services and facilities provided elsewhere in the United Kingdom and
20
used, or likely to be used, in connection with the use of air transport
services provided to or from a civil airport.
(2)
The CAA may publish guidance and advice with a view to improving the
standard of such services and facilities for users of air transport services.
(3)
The CAA must take such steps as it considers practicable to keep under review
25
information, guidance and other advice that is published under this section by
the CAA or by other persons.
(4)
Subsection (1) does not require the CAA to disclose, or arrange for the
disclosure of, information if the CAA could refuse to disclose the information
in response to a request made under the Freedom of Information Act 2000.
30
(5)
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.
(6)
Information and advice published under subsection (1) by persons other than
the CAA must be published in such form and manner as the CAA considers
appropriate.
35
(7)
In this section—
“air transport service” means a service for the carriage by air of passengers
or cargo to or from an airport in the United Kingdom;
“airport” has the same meaning as in Part 1 of this Act (see sections 66 and
67);
40
“civil airport” means an airport other than a military airport;
“user”, in relation to an air transport service, means a person who—
(a)
is a passenger carried by the service, or
(b)
has a right in property carried by the service.

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(8)
In this section references to users of air transport services include potential
users of such services.
84
Environmental information
(1)
The CAA must publish, or arrange for the publication of, such information and
advice as it considers appropriate relating to—
5
(a)
the environmental effects of civil aviation in the United Kingdom,
(b)
how human health and safety is, or may be, affected by such effects,
and
(c)
measures taken, or proposed to be taken, with a view to reducing,
controlling or mitigating the adverse environmental effects of civil
10
aviation in the United Kingdom.
(2)
The CAA may publish guidance and advice with a view to reducing,
controlling or mitigating the adverse environmental effects of civil aviation in
the United Kingdom.
(3)
The CAA must take such steps as it considers practicable to keep under review
15
information, guidance and other advice that is published under this section by
the CAA or by other persons.
(4)
Subsection (1) does not require the CAA to disclose, or arrange for the
disclosure of, information if it could refuse to disclose the information in
response to a request made under the Freedom of Information Act 2000.
20
(5)
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.
(6)
Information and advice published under subsection (1) by persons other than
the CAA must be published in such form and manner as the CAA considers
appropriate.
25
(7)
In this section—
“civil aviation” means civil airports, associated facilities and aircraft using
such airports;
“airport” has the same meaning as in Part 1 of this Act (see sections 66 and
67);
30
“associated facilities”, in relation to an airport, means facilities used, or
intended to be used, in connection with the airport;
“civil airport” means an airport other than a military airport.
(8)
In this section references to the environmental effects of civil aviation
include—
35
(a)
substances, energy, noise, vibration or waste, including emissions,
discharges and other releases into the environment,
(b)
visual or other disturbance to the public,
(c)
effects from works carried out at civil airports or associated facilities or
in the construction of such airports or facilities, and
40
(d)
effects from services provided at civil airports or associated facilities.
85
Power to obtain information
(1)
The CAA may by notice require a person to provide—
(a)
information, or

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(b)
a document that is in the person’s custody or under the person’s
control.
(2)
The CAA may give a notice under this section only in respect of information or
documents that it reasonably requires for the purpose of carrying out its
functions under section 83 or 84.
5
(3)
The notice may require the information or document to be provided—
(a)
at a time and place specified in the notice, and
(b)
in a form and manner specified in the notice.
(4)
The notice may not require a person to provide information or documents that
the person could not be compelled to provide in evidence in civil proceedings
10
before the court.
(5)
“The appropriate court” means—
(a)
in relation to England and Wales and Northern Ireland, the High Court,
and
(b)
in relation to Scotland, the Court of Session.
15
(6)
Schedule 6 (restrictions on disclosure of information) applies to information
and documents provided to the CAA by virtue of this section as it applies to
information obtained under or by virtue of Chapter 1 of Part 1.
86
Enforcement of information notice
(1)
If a person fails to comply with a notice under section 85 without reasonable
20
excuse, the CAA may do either or both of the following—
(a)
impose a penalty on the person;
(b)
enforce the duty to comply with the notice in civil proceedings for an
injunction or, in Scotland, for specific performance of a statutory duty
under section 45 of the Court of Session Act 1988.
25
(2)
The amount of the penalty must be such amount as the CAA determines to
be—
(a)
appropriate, and
(b)
proportionate to the failure in respect of which it is imposed.
(3)
A penalty may consist of either or both of the following—
30
(a)
a fixed amount;
(b)
an amount payable in respect of each day in a period specified by the
CAA (a “daily amount”).
(4)
A fixed amount must not exceed £50,000.
(5)
A daily amount must not exceed £5,000.
35
(6)
A specified period during which daily amounts accumulate must be such
period as the CAA considers appropriate, subject to subsections (7) and (8).
(7)
The period must begin after the day on which the CAA gives the notice under
section 89 stating that it has imposed the penalty.
(8)
The period must end before the day on which the person provides the
40
information or documents specified in the notice under section 85.
(9)
The Secretary of State may by regulations replace the amount for the time being
specified in subsection (4) or (5).

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(10)
The regulations must be made by statutory instrument.
(11)
A statutory instrument containing the regulations may not be made unless a
draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.
87
Penalty for providing false information, destroying documents etc
5
(1)
The CAA may impose a penalty on a person if, in relevant circumstances, the
person provides information to the CAA that is false or misleading in a
material respect and—
(a)
the person knows that the information is false or misleading, or
(b)
the person is reckless as to whether the information is false or
10
misleading.
(2)
A person provides information in relevant circumstances if the person does
so—
(a)
in response to a notice under section 85, or
(b)
knowing that the CAA is likely to use the information for the purpose
15
of carrying out its functions under section 83 or 84.
(3)
The CAA may impose a penalty on a person if the person intentionally alters,
suppresses or destroys a document that the person is required to produce by a
notice under section 85.
(4)
The amount of a penalty imposed on a person under this section must be such
20
amount as the CAA determines to be—
(a)
appropriate, and
(b)
proportionate to the action in respect of which it is imposed.
88
Procedure before imposing penalty
(1)
Before imposing a penalty on a person under section 86 or 87 the CAA must—
25
(a)
give the person a notice about the proposed penalty,
(b)
publish the notice as soon as practicable, and
(c)
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—
30
(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 86 calculated entirely or partly by
reference to a daily amount, the notice under subsection (1) must specify—
35
(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
40
day on which the notice is given to the person.
(5)
Before varying the proposed amount of the penalty, the CAA must—