|
| |
|
99 | Transitional and saving provision |
| |
Schedule 14 (CAA membership: transitional and saving provision) has effect. |
| |
Further provision about CAA |
| |
| |
(1) | Section 11 of the Civil Aviation Act 1982 (schemes and regulations determining |
| 5 |
CAA’s charges) is amended as follows. |
| |
(2) | In subsection (1) omit “, after consultation with the Secretary of State,”. |
| |
(3) | After that subsection insert— |
| |
“(1A) | Before making a scheme under this section, the CAA must— |
| |
(a) | consult the persons who, in its opinion, are likely to be affected |
| 10 |
by the scheme or such of those persons as it thinks fit, and |
| |
(b) | after consulting those persons, consult the Secretary of State.” |
| |
(4) | In subsection (2) for “sixty days” substitute “14 days”. |
| |
(5) | After subsection (3) insert— |
| |
“(3A) | Before making regulations under this section, the Secretary of State |
| 15 |
must consult the persons who, in the Secretary of State’s opinion, are |
| |
likely to be affected by the regulations or such of those persons as the |
| |
Secretary of State thinks fit. |
| |
(3B) | Subsection (3A) does not apply if the Secretary of State is satisfied that |
| |
such consultation is unnecessary having regard to consultation carried |
| 20 |
out by the CAA in accordance with subsection (1A).” |
| |
(6) | In section 16 of that Act (provision by CAA of assistance etc for Secretary of |
| |
State and others), in subsection (4A)— |
| |
(a) | after “with” insert “— |
| |
| 25 |
(b) | at the end insert “, or |
| |
(b) | the making of regulations under section 11(3).” |
| |
(7) | In section 17 of that Act (provision by CAA of information etc for Secretary of |
| |
State), at the end insert— |
| |
“(4) | Subsection (3) above does not apply in relation to information |
| 30 |
furnished to the Secretary of State in connection with the making of |
| |
regulations under section 11(3).” |
| |
| |
In section 20 of the Civil Aviation Act 1982 (supplementary provisions with |
| |
respect to the functions of CAA), after subsection (1) insert— |
| 35 |
“(1A) | The power conferred on the CAA by subsection (1)(a) includes power |
| |
to institute and carry on criminal proceedings in England and Wales or |
| |
| |
|
| |
|
| |
|
| |
(1) | Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) |
| |
| |
(2) | In Schedule 5 (designated regulators) at the appropriate place insert— |
| |
“Civil Aviation Authority”. |
| 5 |
(3) | In Schedule 7 (powers under specified enactments to include power to make |
| |
provision for civil sanctions) at the appropriate place insert— |
| |
“Civil Aviation Act 1982, sections 7, 61, 71, 71A, 86”. |
| |
| |
(1) | Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to |
| 10 |
which duty not to impose or maintain unnecessary burdens applies) is |
| |
| |
(2) | In subsection (1), after paragraph (a) insert— |
| |
“(aa) | the regulatory functions specified in subsection (2A),”. |
| |
(3) | After subsection (2) insert— |
| 15 |
“(2A) | The regulatory functions referred to in subsection (1)(aa) are the |
| |
regulatory functions exercised by the Civil Aviation Authority under— |
| |
(a) | Chapter 1 of Part 1 of the Transport Act 2000 (air traffic |
| |
| |
(b) | Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of |
| 20 |
operators of dominant airports).” |
| |
(4) | In subsection (3) for “subsection (2)” substitute “subsection (2) or (2A)”. |
| |
104 | Disclosure of medical information |
| |
(1) | Section 23 of the Civil Aviation Act 1982 (disclosure of information) is |
| |
| 25 |
(2) | In subsection (1) for “subsection (4)” substitute “subsections (4) and (4A)”. |
| |
(3) | After subsection (4) insert— |
| |
“(4A) | Nothing in subsection (1) above prohibits the disclosure of medical |
| |
information provided to the CAA in accordance with an Air |
| |
| 30 |
(a) | the disclosure is for the purposes of medical research approved |
| |
by a research ethics committee, |
| |
(b) | the CAA considers that the research is likely to improve |
| |
understanding of risks to the health of the types of individual |
| |
who are required by an Air Navigation Order to provide |
| 35 |
medical information to the CAA, |
| |
(c) | the CAA considers that it would be difficult or expensive to take |
| |
the steps necessary to enable all of the information to be |
| |
disclosed in reliance on subsection (1), and |
| |
(d) | the information disclosed is anonymised. |
| 40 |
(4B) | For the purposes of subsection (4A)(d), information is anonymised if no |
| |
individual can be identified— |
| |
|
| |
|
| |
|
(a) | from that information, or |
| |
(b) | from that information and any other information which the |
| |
CAA has reasonable grounds for believing is likely to be in the |
| |
possession of the person to whom it is disclosed or is likely to |
| |
come into that person’s possession.” |
| 5 |
(4) | After subsection (6) insert— |
| |
“(7) | In this section “research ethics committee” means a committee which |
| |
| |
(a) | established to advise on the ethics of research investigations in |
| |
| 10 |
(b) | recognised for that purpose by the Secretary of State, the Welsh |
| |
Ministers, the Scottish Ministers or the Department of Health, |
| |
Social Services and Public Safety in Northern Ireland or by a |
| |
body comprising two or more of those persons.” |
| |
| 15 |
| |
(1) | Section 81 of the Civil Aviation Act 1982 (dangerous flying) is repealed. |
| |
(2) | In consequence of subsection (1), that Act is amended in accordance with |
| |
| |
(3) | In section 76 (liability of aircraft in respect of trespass etc), in subsection (1) |
| 20 |
omit the words “and there has been no breach of section 81 below”. |
| |
(4) | In section 92 (application of criminal law to aircraft), in the definition of “the |
| |
air navigation enactments” in subsection (5), for “81 to” substitute “82,”. |
| |
(5) | In section 101 (power to apply certain provisions to Crown aircraft), in |
| |
subsection (2) omit “81,”. |
| 25 |
(6) | In Part 3 of Schedule 13 (subordinate instruments: supplemental powers), in |
| |
paragraph 4(2) omit “81,”. |
| |
(7) | In Schedule 14 (transitional and transitory provisions and savings), in |
| |
| |
106 | Offences under Civil Aviation Act 1982 |
| 30 |
(1) | Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows. |
| |
| |
(a) | for “or under” substitute “, under”, and |
| |
(b) | at the end insert “or under an Air Navigation Order”. |
| |
(3) | In subsection (5) omit paragraphs (c) and (d). |
| 35 |
|
| |
|
| |
|
| |
| |
107 | Power to make consequential and transitional provision |
| |
(1) | The Secretary of State may by regulations make consequential, transitional, |
| |
transitory or saving provision in relation to any provision of this Act. |
| 5 |
(2) | The regulations may, in particular, amend, repeal, revoke or otherwise modify |
| |
| |
(3) | Regulations under this section are to be made by statutory instrument. |
| |
(4) | A statutory instrument containing regulations under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| 10 |
| |
“legislation”, in relation to regulations made in relation to a provision of |
| |
| |
(a) | an enactment passed before the end of the Session in which this |
| |
Act is passed, including an enactment contained in this Act, and |
| 15 |
(b) | an instrument made under an enactment before the provision of |
| |
this Act comes into force; |
| |
“enactment” means an enactment contained in— |
| |
| |
(b) | an Act or Measure of the National Assembly for Wales, |
| 20 |
(c) | an Act of the Scottish Parliament, or |
| |
(d) | Northern Ireland legislation. |
| |
| |
There is to be paid out of money provided by Parliament any increase |
| |
attributable to this Act in the sums payable under any other Act out of money |
| 25 |
| |
| |
(1) | The provisions of this Act come into force on such day as the Secretary of State |
| |
may by order appoint, subject to subsections (2) to (4). |
| |
(2) | This Part comes into force on the day on which this Act is passed. |
| 30 |
(3) | The following provisions come into force at the end of the period of 2 months |
| |
beginning with the day on which this Act is passed— |
| |
(a) | sections 83 to 93 and Schedule 13, |
| |
| |
(c) | sections 95 to 99 and Schedule 14, |
| 35 |
| |
| |
(4) | The day appointed for the coming into force of section 3 must fall on or after 1 |
| |
April 2014, unless paragraph 3 of Schedule 10, or provision having equivalent |
| |
effect, comes into force on or before the appointed day. |
| 40 |
|
| |
|
| |
|
(5) | An order under this section must be made by statutory instrument. |
| |
(6) | An order under this section may— |
| |
(a) | appoint different days for different purposes, and |
| |
(b) | make transitional, transitory or saving provision. |
| |
| 5 |
(1) | This Act extends to England and Wales, Scotland and Northern Ireland, subject |
| |
| |
(2) | The amendments, repeals and revocations made by section 76 and Schedules 8 |
| |
and 9 have the same extent as the provisions amended, repealed or revoked. |
| |
111 | Channel Islands, Isle of Man and British overseas territories |
| 10 |
(1) | The powers in section 108(1) of the Civil Aviation Act 1982 (power to extend to |
| |
Channel Islands, Isle of Man and British overseas territories) are exercisable in |
| |
relation to the amendments of that Act made by or under this Act. |
| |
(2) | The powers in section 39(3) of the Aviation Security Act 1982 (extension |
| |
outside United Kingdom) are exercisable in relation to the amendments of that |
| 15 |
Act made by or under this Act. |
| |
(3) | The power in section 107 of the Transport Act 2000 (extension outside United |
| |
Kingdom) is exercisable in relation to the amendments of provisions listed in |
| |
section 107(2) of that Act made by or under this Act. |
| |
| 20 |
This Act may be cited as the Civil Aviation Act 2012. |
| |
|
| |
|