Civil Aviation Bill

Session 2012 - 13
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Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
Schedule 6 — Restrictions on disclosing information
94

Air Navigation Orders made under section 60 of the Civil Aviation Act
1982;
regulations made under section 75 of the Civil Aviation Act 1982
(investigation of accidents);
Airports Act 1986;
5
Gas Act 1986;
Insolvency Act 1986;
Consumer Protection Act 1987;
Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049
(N.I. 20));
10
Electricity Act 1989;
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
Broadcasting Act 1990;
Property Misdescriptions Act 1991;
Water Industry Act 1991;
15
Water Resources Act 1991;
Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));
Railways Act 1993;
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1));
Broadcasting Act 1996;
20
Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2));
Competition Act 1998;
Part 1 of the Transport Act 2000;
Enterprise Act 2002;
Communications Act 2003;
25
Water Act 2003;
Railways Act 2005;
Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/
3336 (N.I. 21));
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
Union (competition);
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
comparative advertising;
(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,

Civil Aviation Bill
Schedule 6 — Restrictions on disclosing information
95

(c)
for the purpose of facilitating the performance of a function of the
European Commission in respect of European Union law about
competition,
(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
those enactments,
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
Offence
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
maximum, or
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
body corporate—
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.

Civil Aviation Bill
Schedule 7 — Index of defined expressions
96

Schedule 7
Section 72

Index of defined expressions

This Table lists expressions defined in Part 1 of this Act.

Expression
Section

air traffic services
Section 72

5

air transport service
Section 69

airport
Section 66

airport area
Section 5

airport operation services
Section 68

airport operator
Section 72

10

area
Section 5

building or other structure
Section 72

the CAA
Section 72

cargo
Section 72

change of circumstances
Section 72

15

conduct
Section 72

contravention
Section 72

contravention notice
Section 72

core area (in relation to an airport)
Section 5

document
Section 72

20

dominant airport
Section 5

dominant area
Section 5

enforcement order
Section 72

international obligation of the United Kingdom
Section 72

land
Section 72

25

licence
Section 72

licence condition
Section 17(3) and (5)

market power determination
Section 72

market power test
Section 6

modifying (in relation to licence conditions)
Section 72

30

notice
Section 72

operator (in relation to an airport area)
Section 9

operator determination
Section 10

Civil Aviation Bill
Schedule 8 — Status of airport operators as statutory undertakers etc
Part 1 — Great Britain
97

Expression
Section

price control condition
Section 19

provider (in relation to an air transport service)
Section 69

providing (in relation to a service)
Section 72

remedying the consequences of a contravention
Section 72

5

representation
Section 72

representation period (in connection with contravention
Section 31

notice)

urgent enforcement order
Section 72

user (in relation to an air transport service)
Section 69

10

Schedule 8
Section 76

Status of airport operators as statutory undertakers etc
Part 1
Great Britain
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—
“57A
Scope of Part 5
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
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
scheme or regulations made under section 11 of the 1982 Act,
30
and
(c)
the CAA considers that, at the time, the airport is an eligible
airport.
(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

Civil Aviation Bill
Schedule 8 — Status of airport operators as statutory undertakers etc
Part 1 — Great Britain
98

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
more principal councils;
(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
subsection (4)(a).
(7)
Before withdrawing a certificate in respect of an airport, the
appropriate Minister must consult—
20
(a)
the CAA, and
(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.
(9)
In this section—
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
but excluding—
(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
Secretary of State, and
(b)
in relation to an airport in Scotland, the Scottish
Ministers;
“financial year” means a period of 12 months ending with 31
March;
40
“local authority” and “principal council” have the same
meaning as in Part 2.
(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.

Civil Aviation Bill
Schedule 8 — Status of airport operators as statutory undertakers etc
Part 2 — Northern Ireland
99

(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
force.”
5
Consequential repeal
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
airport.
      (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.
      (3)
In this paragraph—
“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
Part of this Act;
“relevant airport operator” has the same meaning as in Part 5 of the
Airports Act 1986.
Part 2
Northern Ireland
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”
substitute—
““regulated airport” has the meaning given in Article 2A;”.
35
7
In Part 2 (powers in relation to land exercisable in connection with airports),

Civil Aviation Bill
Schedule 8 — Status of airport operators as statutory undertakers etc
Part 2 — Northern Ireland
100

before Article 3 insert—
“Regulated 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
been withdrawn).
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
Act, and
(c)
the CAA considers that, at the time, the airport is an
eligible airport.
      (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
Department must consult—
25
(a)
the CAA, and
(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
it is withdrawn.
30
      (7)
In this Article—
“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
excluding—
(a)
capital receipts, and
(b)
loans made by any person;
“financial year” means a period of 12 months ending with 31
40
March;
“public body” means a body established by or under a
statutory provision.
      (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