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

 

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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—

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“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,

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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

 
 

 
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Revised 10 May 2012