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
61

99
Transitional and saving provision
Schedule 14 (CAA membership: transitional and saving provision) has effect.
Further provision about CAA
100
CAA charges
(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
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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
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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
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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 “—
(a)
”, and
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(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
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furnished to the Secretary of State in connection with the making of
regulations under section 11(3).”
101
Criminal proceedings
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
Northern Ireland.”

Civil Aviation Bill
Part 2 — Other aviation matters
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102
Civil sanctions
(1)
Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions)
is amended as follows.
(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”.
103
Regulatory burdens
(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
amended as follows.
(2)
In subsection (1), after paragraph (a) insert—
“(aa)
the regulatory functions specified in subsection (2A),”.
(3)
After subsection (2) insert—
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“(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
services);
(b)
Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of
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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
amended as follows.
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
Navigation Order if—
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(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
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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.
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(4B)
For the purposes of subsection (4A)(d), information is anonymised if no
individual can be identified—

Civil Aviation Bill
Part 2 — Other aviation matters
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(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
is—
(a)
established to advise on the ethics of research investigations in
human beings, and
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.”
Miscellaneous
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105
Dangerous flying
(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
subsections (3) to (7).
(3)
In section 76 (liability of aircraft in respect of trespass etc), in subsection (1)
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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,”.
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(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
paragraph 7 omit “81,”.
106
Offences under Civil Aviation Act 1982
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(1)
Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows.
(2)
In subsection (4)—
(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).
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Civil Aviation Bill
Part 3 — Final provisions
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Part 3
Final provisions
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
legislation.
(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
(5)
In this section—
“legislation”, in relation to regulations made in relation to a provision of
this Act, means—
(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—
(a)
an Act,
(b)
an Act or Measure of the National Assembly for Wales,
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(c)
an Act of the Scottish Parliament, or
(d)
Northern Ireland legislation.
108
Financial provision
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
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so provided.
109
Commencement
(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.
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(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,
(b)
section 94,
(c)
sections 95 to 99 and Schedule 14,
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(d)
section 101, and
(e)
sections 104 to 106.
(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.
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Civil Aviation Bill
Part 3 — Final provisions
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(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.
110
Extent
5
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, subject
to subsection (2).
(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.
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Short title
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This Act may be cited as the Civil Aviation Act 2012.