Civil Aviation Bill

Session 2012 - 13
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Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
Part 2 — Other aviation matters
55

(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, and
(c)
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period specified in the notice (and not withdrawn).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
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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)
The CAA must publish a notice under subsection (9) as soon as practicable
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after it is given.
89
Procedure after imposing penalty
(1)
As soon as practicable after imposing a penalty on a person under section 86 or
87, the CAA must—
(a)
give a notice to the person on whom the penalty is imposed, and
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(b)
publish the notice.
(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
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(d)
specify a reasonable period within which the penalty must be paid or
reasonable periods within which different portions of the penalty must
be paid.
(3)
In the case of a penalty under section 86 calculated entirely or partly by
reference to a daily amount, the notice must specify—
35
(a)
the day on which daily amounts begin to accumulate, and
(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—
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(a)
give a notice to the person on whom the penalty was imposed
confirming the day on which they ceased to accumulate, and
(b)
publish the notice.

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Part 2 — Other aviation matters
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90
Appeals
Schedule 13 (appeals against penalties) has effect.
91
Recovering penalties
(1)
Subsections (2) and (3) apply if all or part of a penalty imposed on a person
under section 86 or 87 is not paid within the period specified in the notice given
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in respect of the penalty under section 89.
(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
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(b)
any interest on the penalty that has not been paid.
(4)
Any sums received by the CAA by way of a penalty under section 86 or 87 or
interest under this section must be paid into the Consolidated Fund.
92
Statement of policy
(1)
The CAA must prepare and publish a statement of its policy with respect to—
15
(a)
carrying out its functions under sections 83 and 84,
(b)
imposing penalties under sections 86 and 87, and
(c)
determining the amount of such penalties.
(2)
The CAA may revise a statement of policy and, if it does so, it must publish the
revised statement.
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(3)
When preparing or revising a statement of policy with respect to carrying out
the functions under sections 83 and 84, the CAA must have regard to the
principle that the benefits of carrying out the functions should outweigh any
adverse effects.
(4)
When imposing a penalty under section 86 or 87, or determining the amount
25
of such a penalty, the CAA must have regard to the last statement of policy
published under this section before the act or omission in respect of which the
penalty is to be imposed.
(5)
When preparing or revising a statement of policy, the CAA must consult such
persons as it considers appropriate.
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93
Minor definitions
In sections 83 to 92 and Schedule 13—
(a)
“the CAA” means the Civil Aviation Authority, and
(b)
references to a notice are to a notice in writing.

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Regulation of provision of flight accommodation
94
Regulation of provision of flight accommodation
(1)
Section 71 of the Civil Aviation Act 1982 (regulation of provision of
accommodation in aircraft) is amended in accordance with subsections (2) to
(4).
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(2)
For subsection (1) substitute—
“(1)
The Secretary of State may by regulations make provision so as to
secure—
(a)
that a person does not in the United Kingdom make available
flight accommodation, either as principal or agent, unless the
10
person meets the condition in subsection (1A) or (1B);
(b)
that a person does not in the United Kingdom hold himself or
herself out as one who may make flight accommodation
available, either as principal or agent or without disclosing the
person’s capacity, unless the person meets the condition in
15
subsection (1A) or (1B);
(c)
that a person (“A”) acting as an agent for another person (“B”),
in the course of a business carried on by A, does not in the
United Kingdom procure flight accommodation on behalf of B
unless A meets the condition in subsection (1A).
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(1A)
A person meets the condition in this subsection if the person—
(a)
holds and acts in accordance with a licence issued in pursuance
of the regulations, or
(b)
is exempt from the need to hold a licence as a result of provision
made by or under the regulations.
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(1B)
A person meets the condition in this subsection if the person—
(a)
is the operator of the aircraft on which flight accommodation is
made available, and
(b)
in making the flight accommodation available is acting as a
flight-only provider.
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(1C)
The regulations may make provision for the purposes of subsection
(1B) about when the operator of an aircraft acts as a flight-only
provider.”
(3)
In subsection (2)—
(a)
in paragraph (b), omit “the minimum charges which are to be made
35
and”, and
(b)
omit paragraph (f).
(4)
After subsection (2) insert—
“(3)
The Secretary of State may by regulations make provision—
(a)
imposing requirements to be complied with by persons holding
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licences issued in pursuance of regulations under subsection
(1), or by prescribed descriptions of such persons, which may
include requirements as to goods, services or other benefits to
be provided in prescribed circumstances;
(b)
about rights of action in respect of contraventions of
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requirements imposed by virtue of paragraph (a);

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(c)
imposing criminal penalties for contraventions of such
requirements.
(4)
Regulations made by virtue of subsection (3)(c) may not provide for
penalties exceeding, in the case of each contravention—
(a)
on summary conviction, a fine of the statutory maximum;
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(b)
on conviction on indictment, a fine and imprisonment for a term
not exceeding 2 years.
(5)
In this section “flight accommodation” means accommodation for the
carriage of persons on flights in any part of the world.”
(5)
In consequence of the above—
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(a)
in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982
(contributions by licence holders to Air Travel Trust) for “71” substitute
“71(1)”;
(b)
in section 99(4) of that Act (offences) for “71” substitute “71(1) or (3)”.
CAA membership
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95
CAA membership
(1)
In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection
(2) substitute—
“(2)
The CAA is to consist of at least seven but not more than sixteen
members.
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(2A)
It is to consist of—
(a)
a person appointed to chair the CAA (“the chair”) and other
non-executive members, and
(b)
a chief executive and other executive members.
(2B)
The chair and other non-executive members are to be appointed by the
25
Secretary of State.
(2C)
The Secretary of State may appoint a deputy chair from among the non-
executive members.
(2D)
The chief executive is to be appointed by the non-executive members
with the approval of the Secretary of State.
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(2E)
Other executive members are to be appointed by the chief executive
with the approval of—
(a)
the chair, and
(b)
at least one other non-executive member.
(2F)
The Secretary of State and the chief executive must exercise their
35
powers under this section to secure that, so far as practicable, the
number of non-executive members exceeds the number of executive
members.”
(2)
In paragraph 12 of Schedule 1 to that Act (CAA staff), at the beginning insert
“Subject to section 2,”.
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(3)
In paragraph 18 of that Schedule (interpretation of additional provisions
relating to constitution, etc of CAA), for the words from ““the chairman”” to

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Part 2 — Other aviation matters
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“the CAA and” substitute “—
     (a)
“chair”, “deputy chair”, “member”, “executive member” and “non-
executive member” mean respectively the chair, the deputy chair, a
member, an executive member and a non-executive member of the
CAA, and
5
      (b)
”.
96
Non-executive members of CAA
(1)
Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to
constitution, etc of CAA) is amended as follows.
(2)
For the heading immediately before paragraph 1 substitute—
10
“Appointment and tenure of non-executive members”.
(3)
In paragraphs 1 to 4 for “a member”, in each place, substitute “a non-executive
member”.
(4)
In paragraph 1(b) for “each member” substitute “each non-executive member”.
(5)
In paragraphs 2 to 4 for “the chairman or a deputy chairman”, in each place,
15
substitute “the chair or deputy chair”.
(6)
In paragraph 5 for sub-paragraph (1) substitute—
    “(1)
The Secretary of State may by notification in writing remove a non-
executive member from office if the Secretary of State is satisfied that
the member—
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(a)
has a financial or other interest that is likely to affect
prejudicially the performance of the member’s functions,
(b)
has become bankrupt or made an arrangement with the
member’s creditors,
(c)
is failing, or has failed, to perform the functions of a non-
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executive member, or
(d)
is otherwise unable or unfit to perform those functions.”
(7)
For the heading immediately before paragraph 6 substitute—
“Remuneration etc of non-executive members”.
(8)
In paragraph 6—
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(a)
for “member” substitute “non-executive member”, and
(b)
omit “with the consent of the Treasury”.
(9)
In paragraph 7—
(a)
omit “with the consent of the Treasury”,
(b)
for “pensions, allowances or gratuities to or in respect of” substitute
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“allowances to”,
(c)
for “members” substitute “non-executive members”, and
(d)
omit sub-paragraph (2).
(10)
In paragraph 8—
(a)
for “member” substitute “non-executive member”, and
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(b)
omit “with the consent of the Treasury” in both places.
(11)
Omit paragraph 13(2) (member’s participation in employee pension scheme).
97
Executive members of CAA
(1)
Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to
constitution, etc of CAA) is amended as follows.
5
(2)
After paragraph 8 insert—
“Executive members: terms and conditions
8A    (1)
The chief executive is to be employed on such terms and conditions
as the non-executive members may determine.
      (2)
Other executive members are to be employed on such terms and
10
conditions as the chief executive may determine with the approval of
the chair and at least one other non-executive member.
      (3)
In sub-paragraphs (1) and (2) references to terms and conditions
include terms and conditions as to remuneration and the payment of
pensions, allowances or gratuities.
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      (4)
The CAA shall make provision for the payment of pensions,
allowances and gratuities to or in respect of executive members in
accordance with their terms and conditions.”
(3)
In paragraph 12 (staff)—
(a)
after “a reference to” insert “a person who is—
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(a)
an executive member, or
(b)
”, and
(b)
at the end insert “(referred to in this Act as a “general employee”)”.
(4)
In paragraph 13(1) (payment of pensions, allowances and gratuities) for “its
employees” substitute “its general employees”.
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(5)
In Schedule 3 to that Act (matters arising out of certain transfers to the CAA),
in paragraph 2(1) for “an employee” substitute “a general employee”.
98
CAA’s air navigation functions
(1)
In section 66 of the Transport Act 2000 (CAA’s air navigation functions), for
subsection (3) substitute—
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“(3)
The chief executive of the CAA must, with the approval of the chair and
at least one other non-executive member of the CAA, nominate another
executive member of the CAA for the purposes of this section.
(3A)
A person nominated under subsection (3) must perform on the CAA’s
behalf such of its air navigation functions as the Secretary of State may
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specify.
(3B)
The chief executive must consult the Secretary of State before
nominating a person under subsection (3).”
(2)
In section 67 of that Act (national security nominee), in subsection (1) for
“member” substitute “non-executive member”.
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