Civil Aviation Bill

Session 2012 - 13
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Civil Aviation Bill

Civil Aviation Bill
Schedule 3 — Appeals against orders and penalties
87

believes the facts contained in the statement or the information to be
true.
      (2)
References in this Schedule to a party to an application are to—
(a)
the applicant, or
(b)
the CAA.
5
      (3)
References in this Schedule to a party to an appeal are to—
(a)
the appellant,
(b)
an intervener, or
(c)
the CAA.
      (4)
For the purposes of this Schedule and sections 28 and 29, a person has a
10
qualifying interest in a decision that is the subject of an appeal or an
application under this Schedule for permission to appeal if—
(a)
the person has been granted permission to appeal against the
decision and has not withdrawn the appeal,
(b)
the person has applied for permission to appeal against the decision
15
and the application has not been withdrawn or refused,
(c)
the person has been granted permission to intervene in an appeal
against the decision and the appeal has not been withdrawn,
(d)
the person has applied for permission to intervene in an appeal
against the decision and the application has not been withdrawn or
20
refused, or
(e)
the person has applied for a direction under this Schedule
suspending the effect of the decision, the application has not been
withdrawn or refused and any direction made in response to the
application has not been withdrawn.
25
Schedule 3
Section 47

Appeals against orders and penalties
Appeals against enforcement orders and urgent enforcement orders
1     (1)
A person may appeal to the Competition Appeal Tribunal against—
(a)
an enforcement order given to the person, or
30
(b)
an urgent enforcement order given to the person that has been
confirmed.
      (2)
The appeal may be against one or more of the following—
(a)
a decision to give the order or, in the case of an urgent enforcement
order, to confirm the order;
35
(b)
a decision as to the steps specified in the order;
(c)
a decision as to the period allowed for taking those steps.
      (3)
The appeal may be made only on one or more of the following grounds—
(a)
that the decision is based on an error of fact;
(b)
that it is wrong in law;
40
(c)
that it is based on the wrong exercise of a discretion.

Civil Aviation Bill
Schedule 3 — Appeals against orders and penalties
88

      (4)
The making of an appeal under this paragraph against an enforcement order
suspends the effect of the order until the appeal is decided or withdrawn,
unless the Competition Appeal Tribunal orders otherwise.
      (5)
The making of an appeal under this paragraph against an urgent
enforcement order does not suspend the effect of the order, unless the
5
Competition Appeal Tribunal orders otherwise.
Appeals against modification and revocation of orders
2     (1)
A person may appeal to the Competition Appeal Tribunal against—
(a)
a decision to modify or revoke an enforcement order,
(b)
a decision to modify an urgent enforcement order that has been
10
confirmed, or
(c)
a decision to revoke an urgent enforcement order that has been
confirmed.
      (2)
An appeal under this paragraph may be made only by a person—
(a)
who is not the person to whom the order was given, but
15
(b)
who appears to the Competition Appeal Tribunal to have a sufficient
interest in the decision.
      (3)
The appeal may be made only on one or more of the following grounds—
(a)
that the decision is based on an error of fact;
(b)
that it is wrong in law;
20
(c)
that it is based on the wrong exercise of a discretion.
      (4)
The making of an appeal under this paragraph against the modification or
revocation of an order suspends its modification or revocation until the
appeal is decided or withdrawn, unless the Competition Appeal Tribunal
orders otherwise.
25
Appeals against penalties
3     (1)
A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 39 or 40.
      (2)
The appeal may be against one or more of the following—
(a)
a decision to impose the penalty;
30
(b)
a decision as to the amount of the penalty;
(c)
in the case of a penalty calculated entirely or partly by reference to a
daily amount, a decision as to the period during which daily
amounts accumulate;
(d)
a decision as to the period allowed for payment of the penalty.
35
      (3)
The appeal may be made only on one or more of the following grounds—
(a)
that the decision is based on an error of fact;
(b)
that it is wrong in law;
(c)
that it is based on the wrong exercise of a discretion.
      (4)
Where a person appeals under this paragraph against a penalty, the CAA
40
may not require the person to pay the penalty until the appeal is decided or
withdrawn.

Civil Aviation Bill
Schedule 4 — Appeals against revocation of licence
89

Decisions on appeal
4     (1)
The Competition Appeal Tribunal must decide an appeal under this
Schedule—
(a)
on the merits, and
(b)
by reference to the grounds of appeal in the notice of appeal.
5
      (2)
It may—
(a)
confirm or set aside the order, modification, revocation or penalty;
(b)
give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.
      (3)
It may not direct the CAA to do anything that the CAA would not have
10
power to do apart from the direction.
      (4)
The CAA must comply with directions under this paragraph.
Further appeals
5     (1)
An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 4, including
15
a direction.
      (2)
An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.
      (3)
An appeal may not be brought under this paragraph without the permission
of—
20
(a)
the Competition Appeal Tribunal, or
(b)
the appropriate court.
      (4)
“The appropriate court” means—
(a)
in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or
25
(b)
in the case of an appeal from proceedings in Scotland, the Court of
Session.
Schedule 4
Section 49

Appeals against revocation of licence
Appeals against revocation of licence
30
1     (1)
A person may appeal to the Competition Appeal Tribunal against—
(a)
a notice under section 48(1) revoking a licence, and
(b)
a further notice under section 48(9) withdrawing a notice revoking a
licence,

unless the notice or further notice was given in accordance with a direction
35
given by the Competition Appeal Tribunal under this Schedule.
      (2)
The appeal may be against one or more of the following—
(a)
a decision to give the notice or further notice;

Civil Aviation Bill
Schedule 4 — Appeals against revocation of licence
90

(b)
in the case of an appeal under sub-paragraph (1)(a), a decision as to
the day on which revocation takes effect.
      (3)
The appeal may be made only on one or more of the following grounds—
(a)
that the decision is based on an error of fact;
(b)
that it is wrong in law;
5
(c)
that it is based on the wrong exercise of a discretion.
      (4)
The making of an appeal under this paragraph against a notice under section
48(1) revoking a licence—
(a)
suspends the effect of the notice until the appeal is decided or
withdrawn, and
10
(b)
extends the period specified in the notice until the appeal is decided
or withdrawn.
      (5)
The making of an appeal under this paragraph against a further notice under
section 48(9) withdrawing a notice revoking a licence—
(a)
suspends the effect of the further notice until the appeal is decided or
15
withdrawn, and
(b)
extends the period specified in the notice revoking the licence until
the appeal is decided or withdrawn.
Notice of appeal
2     (1)
An appeal under paragraph 1 must be made by sending a notice of appeal
20
to the Registrar of the Competition Appeal Tribunal.
      (2)
The notice must be received by the Registrar before the end of the period of
30 days beginning with the relevant day.
      (3)
In the case of an appeal under paragraph 1(1)(a) “the relevant day” means
the later of—
25
(a)
the day on which the CAA publishes the notice under section 48(1)
revoking the licence, and
(b)
the day on which the CAA publishes a notice extending the period
on which the notice revoking the licence takes effect.
      (4)
In the case of an appeal under paragraph 1(1)(b) “the relevant day” means
30
the day on which the CAA publishes the further notice under section 48(9).
      (5)
Sub-paragraphs (1) and (2) have effect subject to provision in rules made
under section 15 of the Enterprise Act 2002 (Tribunal rules) after this
Schedule comes into force—
(a)
as to the person to whom a notice of an appeal under paragraph 1
35
must be given;
(b)
providing that such a notice must be received within a longer or
shorter period beginning with the relevant day.
Decisions on appeal
3     (1)
The Competition Appeal Tribunal must decide an appeal under this
40
Schedule—
(a)
on the merits, and
(b)
by reference to the grounds of appeal in the notice of appeal.
      (2)
It may—

Civil Aviation Bill
Schedule 5 — Appeals against penalties: information
91

(a)
confirm or set aside the notice that is the subject of the appeal;
(b)
give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.
      (3)
It may not direct the CAA to do anything that the CAA would not have
power to do apart from the direction.
5
      (4)
The CAA must comply with directions under this paragraph.
Further appeals
4     (1)
An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 3, including
a direction.
10
      (2)
An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.
      (3)
An appeal may not be brought under this paragraph without the permission
of—
(a)
the Competition Appeal Tribunal, or
15
(b)
the appropriate court.
      (4)
“The appropriate court” means—
(a)
in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or
(b)
in the case of an appeal from proceedings in Scotland, the Court of
20
Session.
Schedule 5
Section 55

Appeals against penalties: information
Appeals against penalties
1     (1)
A person may appeal to the Competition Appeal Tribunal against a penalty
25
imposed on the person under section 51 or 52.
      (2)
The appeal may be against one or more of the following—
(a)
a decision to impose the penalty;
(b)
a decision as to the amount of the penalty;
(c)
in the case of a penalty calculated entirely or partly by reference to a
30
daily amount, a decision as to the period during which daily
amounts accumulate;
(d)
a decision as to the period allowed for payment of the penalty.
      (3)
The appeal may be made only on one or more of the following grounds—
(a)
that the decision is based on an error of fact;
35
(b)
that it is wrong in law;
(c)
that it is based on the wrong exercise of a discretion.
      (4)
Where a person appeals under this paragraph against a penalty, the CAA
may not require the person to pay the penalty until the appeal is decided or
withdrawn.
40

Civil Aviation Bill
Schedule 6 — Restrictions on disclosing information
92

Decisions on appeal
2     (1)
The Competition Appeal Tribunal must decide an appeal under this
Schedule—
(a)
on the merits, and
(b)
by reference to the grounds of appeal in the notice of appeal.
5
      (2)
It may—
(a)
confirm or set aside the penalty;
(b)
give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.
      (3)
It may not direct the CAA to do anything that the CAA would not have
10
power to do apart from the direction.
      (4)
The CAA must comply with directions under this paragraph.
Further appeals
3     (1)
An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 2, including
15
a direction.
      (2)
An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.
      (3)
An appeal may not be brought under this paragraph without the permission
of—
20
(a)
the Competition Appeal Tribunal, or
(b)
the appropriate court.
      (4)
“The appropriate court” means—
(a)
in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or
25
(b)
in the case of an appeal from proceedings in Scotland, the Court of
Session.
Schedule 6
Section 59

Restrictions on disclosing information
Prohibition on disclosure
30
1     (1)
This paragraph applies to information if—
(a)
it was obtained under or by virtue of Chapter 1 of this Part, and
(b)
it relates to the affairs of an individual or to a particular business.
      (2)
The information must not be disclosed—
(a)
during the lifetime of the individual, or
35
(b)
while the business continues to be carried on.
      (3)
Sub-paragraph (2) has effect subject to the following provisions of this
Schedule.

Civil Aviation Bill
Schedule 6 — Restrictions on disclosing information
93

Disclosure with consent
2
Paragraph 1(2) does not apply to a disclosure made with the consent of—
(a)
the individual, or
(b)
the person for the time being carrying on the business.
Disclosure of information already available to public
5
3
Paragraph 1(2) does not apply to information that has been made available
to the public by being disclosed—
(a)
in circumstances in which disclosure is not precluded by this
Schedule, or
(b)
for a purpose for which disclosure is not precluded by this Schedule.
10
Other permitted disclosures
4     (1)
Paragraph 1(2) does not apply where information is disclosed—
(a)
for the purpose of facilitating the carrying out of functions of a
relevant person under a relevant statutory provision, or
(b)
for the purposes of civil proceedings brought under or by virtue of a
15
relevant statutory provision.
      (2)
These are relevant persons—
the CAA;
a Minister of the Crown (within the meaning of the Ministers of the
Crown Act 1975);
20
the Welsh Ministers;
the Scottish Ministers;
a Northern Ireland Department;
the Competition Appeal Tribunal;
the Competition Commission;
25
the Office of Fair Trading;
the Gas and Electricity Markets Authority;
the Northern Ireland Authority for Utility Regulation;
the Water Services Regulation Authority;
the Office of Rail Regulation;
30
the Coal Authority;
the Office of Communications;
the Insolvency Practitioners Tribunal;
a local weights and measures authority in Great Britain;
a district council in Northern Ireland.
35
      (3)
These are relevant statutory provisions—
Part 1 of this Act;
sections 83 and 84 of this Act;
Trade Descriptions Act 1968;
Fair Trading Act 1973;
40
Consumer Credit Act 1974;
Estate Agents Act 1979;
Competition Act 1980;
Civil Aviation Act 1982;