|
| |
|
Air Navigation Orders made under section 60 of the Civil Aviation Act |
| |
| |
regulations made under section 75 of the Civil Aviation Act 1982 |
| |
(investigation of accidents); |
| |
| 5 |
| |
| |
Consumer Protection Act 1987; |
| |
Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 |
| |
| 10 |
| |
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)); |
| |
| |
Property Misdescriptions Act 1991; |
| |
| 15 |
Water Resources Act 1991; |
| |
Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)); |
| |
| |
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)); |
| |
| 20 |
Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)); |
| |
| |
Part 1 of the Transport Act 2000; |
| |
| |
| 25 |
| |
| |
Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/ |
| |
| |
Postal Services Act 2011; |
| 30 |
| and subordinate legislation made for the purpose of securing compliance |
| |
with relevant EU provisions. |
| |
(4) | These are relevant EU provisions— |
| |
(a) | Articles 104 and 105 of the Treaty on the Functioning of the European |
| |
| 35 |
(b) | Directive 2005/29/EC of the European Parliament and of the |
| |
Council of 11 May 2005 concerning unfair business-to-consumer |
| |
commercial practices in the internal market; |
| |
(c) | Directive 2006/114/EC of the European Parliament and of the |
| |
Council of 12 December 2006 concerning misleading and |
| 40 |
| |
(d) | Directive 2009/12/EC of the European Parliament and of the |
| |
Council of 11 March 2009 on airport charges. |
| |
5 | Paragraph 1(2) does not apply where information is disclosed— |
| |
(a) | in connection with the investigation of a criminal offence or for the |
| 45 |
purposes of criminal proceedings, |
| |
(b) | in pursuance of an EU obligation, |
| |
|
| |
|
| |
|
(c) | for the purpose of facilitating the performance of a function of the |
| |
European Commission in respect of European Union law about |
| |
| |
(d) | for the purpose of enabling or assisting the Secretary of State or the |
| |
Treasury to exercise powers conferred by or under the Financial |
| 5 |
Services and Markets Act 2000 or by or under the enactments relating |
| |
to companies, insurance companies or insolvency, |
| |
(e) | for the purpose of enabling or assisting an inspector appointed under |
| |
the enactments relating to companies to carry out functions under |
| |
| 10 |
(f) | for the purpose of enabling or assisting an official receiver to carry |
| |
out functions under the enactments relating to insolvency, |
| |
(g) | for the purpose of enabling or assisting a recognised professional |
| |
body for the purposes of section 391 of the Insolvency Act 1986 or |
| |
Article 350 of the Insolvency (Northern Ireland) Order 1989 (S.I. |
| 15 |
1989/2405 (N.I. 19)) to carry out its functions, |
| |
(h) | for the purpose of facilitating the carrying out by the Health and |
| |
Safety Executive of its functions under an enactment, |
| |
(i) | for the purpose of facilitating the carrying out by an enforcing |
| |
authority (within the meaning of Part 1 of the Health and Safety at |
| 20 |
Work etc Act 1974) of functions under a relevant statutory provision |
| |
(within the meaning of that Act), or |
| |
(j) | for the purpose of facilitating the carrying out by the Comptroller |
| |
and Auditor General of functions under any enactment. |
| |
6 | The Secretary of State may by regulations amend paragraph 4 or 5. |
| 25 |
| |
7 | A person who discloses information in contravention of paragraph 1(2) is |
| |
guilty of an offence and liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| 30 |
(b) | on conviction on indictment, to imprisonment for not more than 2 |
| |
years or to a fine (or both). |
| |
Criminal liability of officers of bodies corporate etc |
| |
8 (1) | Sub-paragraph (2) applies if an offence under this Schedule committed by a |
| |
| 35 |
(a) | is committed with the consent or connivance of a director, manager, |
| |
secretary or other similar officer of the body corporate or a person |
| |
who was purporting to act in such a capacity, or |
| |
(b) | is attributable to neglect on the part of such a person. |
| |
(2) | That person, as well as the body corporate, commits the offence. |
| 40 |
(3) | In sub-paragraph (1) “director”, in relation to a body corporate whose affairs |
| |
are managed by its members, means a member of the body. |
| |
|
| |
|
| |
|
| | | | | | | | | | | provider (in relation to an air transport service) |
| | | | | providing (in relation to a service) |
| | | | | remedying the consequences of a contravention |
| | | 5 | | | | | | | representation period (in connection with contravention |
| | | | | | | | | | | | | | | user (in relation to an air transport service) |
| | | 10 |
|
|
| |
| |
Status of airport operators as statutory undertakers etc |
| |
| |
| |
Airports Act 1986 (c. 31) |
| 15 |
1 | Part 5 of the Airports Act 1986 (status of certain airport operators as |
| |
statutory undertakers etc) is amended as follows. |
| |
2 | For section 57 (scope of Part 5: status of certain airport operators as statutory |
| |
undertakers etc) substitute— |
| |
| 20 |
(1) | In this Part “relevant airport operator” means the airport operator in |
| |
the case of an airport to which this Part applies. |
| |
(2) | This Part applies to any airport in respect of which a certificate has |
| |
been granted under this section (and has not been withdrawn). |
| |
(3) | The CAA must grant a certificate under this section in respect of an |
| 25 |
| |
(a) | the airport operator applies for a certificate (and has not |
| |
withdrawn the application), |
| |
(b) | the airport operator pays the charge (if any) specified in a |
| |
scheme or regulations made under section 11 of the 1982 Act, |
| 30 |
| |
(c) | the CAA considers that, at the time, the airport is an eligible |
| |
| |
(4) | An airport is an eligible airport if— |
| |
(a) | the annual turnover of the business carried on at the airport |
| 35 |
by the airport operator exceeded £1 million in at least two of |
| |
|
| |
|
| |
|
the last three financial years ending before the application for |
| |
the certificate is made, and |
| |
(b) | the airport is not excluded by virtue of subsection (5). |
| |
(5) | The excluded airports are— |
| |
(a) | an airport owned by a principal council or jointly owned by |
| 5 |
two or more principal councils; |
| |
(b) | an airport owned by an Integrated Transport Authority in |
| |
England or jointly owned by such an Authority and one or |
| |
| |
(c) | an airport owned by a metropolitan county passenger |
| 10 |
transport authority in Scotland or jointly owned by such an |
| |
authority and one or more principal councils. |
| |
(6) | The appropriate Minister may withdraw a certificate granted under |
| |
this section in respect of an airport if the appropriate Minister |
| |
considers that, at the time, the annual turnover of the business |
| 15 |
carried on at the airport by the airport operator in each of the last two |
| |
financial years did not exceed the sum for the time being specified in |
| |
| |
(7) | Before withdrawing a certificate in respect of an airport, the |
| |
appropriate Minister must consult— |
| 20 |
| |
(b) | the airport operator. |
| |
(8) | The withdrawal of a certificate does not affect any rights or liabilities |
| |
accruing by virtue of this Part before it is withdrawn. |
| |
| 25 |
“annual turnover”, in relation to the business carried on at an |
| |
airport by the airport operator, means the aggregate of all |
| |
sums received in the course of the business during a financial |
| |
year, as stated or otherwise shown in the accounts of the |
| |
business, including grants from any public or local authority |
| 30 |
| |
(a) | capital receipts, and |
| |
(b) | loans made by any person; |
| |
“the appropriate Minister” means— |
| |
(a) | in relation to an airport in England or Wales, the |
| 35 |
| |
(b) | in relation to an airport in Scotland, the Scottish |
| |
| |
“financial year” means a period of 12 months ending with 31 |
| |
| 40 |
“local authority” and “principal council” have the same |
| |
| |
(10) | Where the person who is for the time being the airport operator in |
| |
relation to an airport has not had its management for the whole or |
| |
any part of a period relevant for the purposes of this section, |
| 45 |
references in this section to the business carried on at the airport by |
| |
the airport operator include a reference to the business carried on |
| |
there by any other person who was the airport operator in relation to |
| |
the airport for the whole or any part of that period. |
| |
|
| |
|
| |
|
(11) | The Secretary of State may by order substitute a greater sum for the |
| |
sum specified in subsection (4)(a). |
| |
(12) | An order under subsection (11) does not affect the validity of a |
| |
certificate granted under this section before the order comes into |
| |
| 5 |
| |
3 | In Schedule 4 to the Local Transport Act 2008, omit paragraph 54(3). |
| |
Power to make provision in relation to operators of airport areas |
| |
4 (1) | The Secretary of State may by regulations make provision about the |
| |
operation of section 57A of the Airports Act 1986 in cases in which two or |
| 10 |
more persons are operators of different areas that form part of the same |
| |
| |
(2) | Regulations under this paragraph may modify— |
| |
(a) | section 57A of the Airports Act 1986, and |
| |
(b) | any provision of an Act (including the Airports Act 1986), or of an |
| 15 |
instrument made under an Act, which refers to or otherwise operates |
| |
by reference to a relevant airport operator or an airport to which Part |
| |
5 of the Airports Act 1986 applies. |
| |
| |
“Act” includes an Act or Measure of the National Assembly for Wales |
| 20 |
and an Act of the Scottish Parliament; |
| |
“airport” has the same meaning as in the Airports Act 1986; |
| |
“modify” includes amend, repeal or revoke; |
| |
“operator”, in relation to an area that forms part of an airport, means |
| |
the person who is the operator of the area for the purposes of this |
| 25 |
| |
“relevant airport operator” has the same meaning as in Part 5 of the |
| |
| |
| |
| 30 |
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) |
| |
5 | The Airports (Northern Ireland) Order 1994 is amended as follows. |
| |
6 | In Article 2(2) (interpretation), for the definition of “regulated airport” |
| |
| |
““regulated airport” has the meaning given in Article 2A;”. |
| 35 |
7 | In Part 2 (powers in relation to land exercisable in connection with airports), |
| |
|
| |
|
| |
|
| |
| |
2A (1) | In this Order “regulated airport” means an airport in respect of |
| |
which a certificate has been granted under this Article (and has not |
| |
| 5 |
(2) | The CAA must grant a certificate under this Article in respect of |
| |
an airport if, but only if— |
| |
(a) | the airport operator applies for a certificate (and has not |
| |
withdrawn the application), |
| |
(b) | the airport operator pays the charge (if any) specified in a |
| 10 |
scheme or regulations made under section 11 of the 1982 |
| |
| |
(c) | the CAA considers that, at the time, the airport is an |
| |
| |
(3) | An airport is an eligible airport if the annual turnover of the |
| 15 |
business carried on at the airport by the airport operator exceeded |
| |
£1 million in at least two of the last three financial years ending |
| |
before the application for the certificate is made. |
| |
(4) | The Department may withdraw a certificate granted under this |
| |
Article in respect of an airport if it considers that, at the time, the |
| 20 |
annual turnover of the business carried on at the airport by the |
| |
airport operator in each of the last two financial years did not |
| |
exceed the sum for the time being specified in paragraph (3). |
| |
(5) | Before withdrawing a certificate in respect of an airport, the |
| |
| 25 |
| |
(b) | the airport operator. |
| |
(6) | The withdrawal of a certificate does not affect any rights or |
| |
liabilities accruing by virtue of this Part or Article 25 or 26 before |
| |
| 30 |
| |
“annual turnover”, in relation to the business carried on at an |
| |
airport by the airport operator, means the aggregate of all |
| |
sums received in the course of the business during a |
| |
financial year, as stated or otherwise shown in the accounts |
| 35 |
of the business, including grants from any public body but |
| |
| |
(a) | capital receipts, and |
| |
(b) | loans made by any person; |
| |
“financial year” means a period of 12 months ending with 31 |
| 40 |
| |
“public body” means a body established by or under a |
| |
| |
(8) | Where the person who is for the time being the airport operator in |
| |
relation to an airport has not had its management for the whole or |
| 45 |
any part of a period relevant for the purposes of this Article, |
| |
references in this Article to the business carried on at the airport |
| |
|
| |
|