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

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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—

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“(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

62

 

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”.

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(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.

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(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

63

 

(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.”

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(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

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(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

64

 

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.

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(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

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(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

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(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

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(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

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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.

112     

Short title

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This Act may be cited as the Civil Aviation Act 2012.

 
 

 
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Revised 10 May 2012