Lords Amendments to the Civil Aviation Bill

Session 2012 - 13
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Other Bills before Parliament

Lords Amendments to the Civil Aviation Bill

LORDS amendments to the
Civil Aviation Bill
[The page and line references are to HL Bill 26, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 10, at end insert—

“(ca)
the need to secure that each holder of a licence under this Chapter

is able to take reasonable measures to reduce, control or mitigate

the adverse environmental effects of the airport to which the licence

relates, facilities used or intended to be used in connection with that

airport (“associated facilities”) and aircraft using that airport,”
2
Page 2, line 27, at end insert—

“(5A)
For the purposes of subsection (3)(ca) the environmental effects of the

airport, associated facilities and aircraft include—

(a)
substances, energy, noise, vibration or waste, including emissions,

discharges and other releases into the environment,

(b)
visual or other disturbance to the public,

(c)
effects from works carried out at the airport or the associated

facilities or to extend the airport or the associated facilities, and

(d)
effects from services provided at the airport or the associated

facilities.”
Clause 2
3
Page 3, line 5, after “relates,” insert—

“(ca)
the need to secure that each holder of a licence under this Chapter

is able to take reasonable measures to reduce, control or mitigate

the adverse environmental effects of the airport to which the licence

relates, facilities used or intended to be used in connection with that

airport (“associated facilities”) and aircraft using that airport,”
4
Page 3, line 19, at end insert—

Bill 90 55/2

2

“( )
For the purposes of subsection (4)(ca) the environmental effects of the

airport, associated facilities and aircraft include the effects mentioned in

section 1(5A).”
Clause 6
5
Page 6, line 1, leave out “Treaty on the Functioning of the European Union” and

insert “TFEU”
6
Page 6, line 4, at end insert—

“(10)
In applying tests A to C, the CAA must have regard to—

(a)
relevant notices and guidance published by the European

Commission about the application and enforcement of the

prohibitions in Articles 101 and 102 of the TFEU;

(b)
relevant advice and information published under section 52 of the

Competition Act 1998 (advice and information about the

application and enforcement of the prohibitions in Part 1 of that Act

and Articles 101 and 102 of the TFEU);

(c)
relevant advice and information published under section 171 of the

Enterprise Act 2002 (advice and information about the operation of

Part 4 of that Act).

(11)
In this section “the TFEU” means the Treaty on the Functioning of the

European Union.”
Clause 9
7
Page 8, line 1, after “to” insert “operator”
Clause 12
8
Page 9, line 31, at end insert “, and

(b)
a previous market power determination which would otherwise

cease to have effect by virtue of section 7(9) or (10) continues to have

effect until those circumstances arise.”
Clause 22
9
Page 16, line 8, after “paragraphs” insert “6A,”
Clause 26
10
Page 18, line 10, leave out paragraph (c) and insert—

“(c)
that an error was made in the exercise of a discretion.”
Clause 30
11
Page 20, line 29, leave out subsection (2)
12
Page 20, line 33, leave out “mentioned in section 1(3) and (4)” and insert “in respect

of which duties are imposed on the CAA by section 1”
Clause 66
13
Page 40, line 10, leave out “, including the supply of fuel”

3

Clause 67
14
Page 41, line 23, at end insert—

“(8)
For the purposes of sections 5(4) and 66(1) the servicing of aircraft between

landing and take-off at the aerodrome includes—

(a)
the supply of fuel, and

(b)
the repair, maintenance and overhaul of aircraft that land at the

aerodrome.”
Clause 68
15
Page 41, line 28, leave out “, including the supply of fuel”
16
Page 41, line 35, leave out “and (7)” and insert “to (8)”
Clause 94
17
Page 57, line 20, at end insert—

“(d)
that a person (“P”) acting in the course of a business carried

on by P does not in the United Kingdom facilitate the

making available of flight accommodation by another

person in circumstances in which one or more prescribed

arrangements relating to payment apply, unless P meets the

condition in subsection (1A).”
18
Page 57, line 33, at end insert—

“(1D)
The arrangements relating to payment that may be prescribed

under subsection (1)(d) are any arrangements under which P makes

or receives payment, or facilitates the making or receipt of payment

by another person, in connection with the making available of the

flight accommodation.””
19
Page 57, line 35, leave out paragraph (a) and insert—

“(a)
in paragraph (b), for the words from “the minimum charges” to the

end substitute “goods, services and other benefits which are or are

not to be provided by any person in prescribed circumstances;”,

and”
20
Page 57, line 43, leave out “to be provided in prescribed circumstances” and insert

“which are or are not to be provided by any person in prescribed circumstances”
Clause 96
21
Page 59, line 24, at end insert—

“( )
is a person in respect of whom a debt relief order has been

made under Part 7A of the Insolvency Act 1986,”
After Clause 101
22
Insert the following new Clause—

“CAA efficiency

(1)
Section 21 of the Civil Aviation Act 1982 (annual report) is amended as

follows.

4

(2)
In subsection (2), after paragraph (d) insert—

“(e)
shall contain a statement by the CAA about efficiency in the

performance of its functions (an “efficiency statement”);

(f)
shall contain the auditors’ assessment mentioned in

subsection (2B).”

(3)
After subsection (2) insert—

“(2A)
The Secretary of State may from time to time give directions about

matters that must be covered in an efficiency statement, including

matters relating to the plans or the past or present activities of the

CAA.

(2B)
The auditors appointed under section 15(2) in respect of an

accounting year must produce an assessment of the efficiency

statement for that year.””
Clause 109
23
Page 64, line 30, leave out “This Part comes” and insert “The following provisions

come”
24
Page 64, line 30, at end insert “—

(a)
paragraphs 1 and 7 of Schedule 10 and section 76(5) so far as it

relates to those paragraphs, and

(b)
this Part.”
Schedule 1
25
Page 66, line 13, leave out sub-paragraph (3)
26
Page 67, line 4, leave out sub-paragraph (1) and insert—

    “( )
The Competition Appeal Tribunal may allow an appeal under

paragraph 1 only to the extent that it is satisfied that the market power

determination or operator determination appealed against was wrong

on one or more of the following grounds—

(a)
that the determination was based on an error of fact;

(b)
that the determination was wrong in law;

(c)
that an error was made in the exercise of a discretion.”
27
Page 67, line 35, at end insert—

“Effect of suspending or setting aside market power determination

3A  (1)
This paragraph applies where—

(a)
the CAA publishes a notice of a market power determination

(“determination A”) in respect of an airport area (“area Z”),

(b)
the CAA subsequently publishes a notice of another market

power determination (“determination B”) in respect of all or part

of area Z or in respect of an area that includes all or part of area Z,

(c)
determination A ceases to have effect in respect of all or part of

area Z by virtue of section 7(9) or (10), and

(d)
there is subsequently an appeal under this Schedule against

determination B.

5

      (2)
If the effect of determination B is suspended under paragraph 1(4),

determination A has effect again during the period of suspension, unless

the Competition Appeal Tribunal orders otherwise.

      (3)
If all or part of determination B is set aside at the end of a period of

suspension, determination A continues to have effect after the end of the

period of suspension, unless the Competition Appeal Tribunal orders

otherwise.

      (4)
If all or part of determination B is set aside otherwise than at the end of

a period of suspension, determination A has effect again from the setting

aside, unless the Competition Appeal Tribunal orders otherwise.

      (5)
If the suspension or setting aside of determination B only affects part of

area Z, or an area that includes part of area Z, the references in sub-

paragraphs (2) to (4) to determination A are to be treated as references to

that determination so far as it relates to that part of area Z.

      (6)
Sub-paragraphs (2) to (4) do not apply if determination B is suspended

or set aside only so far as it relates to an area that does not include any

part of area Z.

      (7)
Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9)

or (10) where notice is published of a further market power

determination in respect of all or part of area Z or in respect of an area

that includes all or part of area Z.

Appeals to Competition Appeal Tribunal: supplementary

3B
”
28
Page 67, line 35, at end insert—

    “( )
When deciding an appeal under paragraph 1 (including giving

directions), making an order under paragraph 1 or 3A or making a

market power determination or operator determination, the

Competition Appeal Tribunal must have regard to the matters in respect

of which duties are imposed on the CAA by section 1.”
29
Page 67, line 35, at end insert—

    “( )
When deciding an appeal under paragraph 1 relating to a market power

determination (including giving directions) or making such a

determination, the Competition Appeal Tribunal must have regard to

the notices, guidance, advice and information described in section

6(10).”
30
Page 67, line 38, after “3” insert “or 3A(3) or (4)”
Schedule 2
31
Page 72, line 25, at end insert—

“6A(1)
Sub-paragraph (2) applies where—

(a)
the CAA decides under section 22 to modify a licence by adding

a relevant financial arrangements condition,

(b)
an application is made for permission to appeal under section 25

against the decision, and

6

(c)
the condition would have effect, but for this paragraph, before

the end of the period of 10 weeks beginning with the day on

which notice of the decision was published in accordance with

section 22 (“the 10 week period”).

      (2)
The relevant financial arrangements condition does not have effect

during the 10 week period.

      (3)
Sub-paragraph (4) applies where—

(a)
the CAA decides under section 22 to modify a licence by adding

a relevant financial arrangements condition, and

(b)
the Competition Commission grants permission to appeal

against the decision.

      (4)
The relevant financial arrangements condition does not have effect until

the appeal against the decision is determined or withdrawn (or, if there

is more than one appeal against the decision, until all of the appeals are

determined or withdrawn).

      (5)
In this paragraph, “relevant financial arrangements condition” has the

same meaning as in paragraph 6.”
32
Page 80, line 41, after “matter” insert “, information or evidence”
Schedule 3
33
Page 87, line 38, leave out sub-paragraph (3)
34
Page 88, line 18, leave out sub-paragraph (3)
35
Page 88, line 36, leave out sub-paragraph (3)
36
Page 89, line 2, leave out sub-paragraph (1) and insert—

    “( )
The Competition Appeal Tribunal may allow an appeal under

paragraph 1, 2 or 3 only to the extent that it is satisfied that the decision

appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
that an error was made in the exercise of a discretion.”
37
Page 89, line 12, at end insert—

    “( )
When deciding an appeal under paragraph 1, 2 or 3 (including giving

directions), the Competition Appeal Tribunal must have regard to the

matters in respect of which duties are imposed on the CAA by section 1.”
Schedule 4
38
Page 90, line 3, leave out sub-paragraph (3)
39
Page 90, line 40, leave out sub-paragraph (1) and insert—

    “( )
The Competition Appeal Tribunal may allow an appeal under

paragraph 1 only to the extent that it is satisfied that the decision

appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(c)
that an error was made in the exercise of a discretion.”