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

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40
Page 91, line 6, at end insert—

    “( )
When deciding an appeal under paragraph 1 (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 5
41
Page 91, line 34, leave out sub-paragraph (3)
42
Page 92, line 2, 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.”
43
Page 92, line 12, at end insert—

    “( )
When deciding an appeal under paragraph 1 (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 8
44
Page 97, line 16, leave out “Part 5 of”
45
Page 97, line 16, leave out from “1986” to “is” in line 17
46
Page 99, line 5, at end insert—

“2A(1)
Section 79 (orders and regulations) is amended as follows.

      (2)
In subsection (2), at the end insert “, unless it is an instrument described

in subsection (4A)”.

      (3)
After subsection (4) insert—

“(4A)
A statutory instrument that contains (whether alone or with

other provision) an order under section 57A(11) increasing the

specified sum by more than is necessary to reflect changes in the

value of money may not be made unless a draft of the instrument

has been laid before, and approved by a resolution of, each

House of Parliament.””
47
Page 101, line 9, at end insert—

“7A(4)
Article 70 (regulations and orders) is amended as follows.

      (5)
In paragraph (2), after “Schedule 7” insert “and orders described in

paragraph (2A)”.

      (6)
After paragraph (2) insert—

“(2A)
An order under Article 2A(9) increasing the specified sum by

more than is necessary to reflect changes in the value of money

may not be made unless a draft of the order has been laid before,

and approved by a resolution of, the Assembly.””

8
48
Page 101, line 10, leave out “and 7” and insert “to 7A”
Schedule 9
49
Page 101, line 40, leave out “In section 74(3) (exceptions from restrictions on

disclosure of information)” and insert—

    “( )
Section 74 (restriction on disclosure of information) is amended as

follows.

      ( )
In subsection (3)”
50
Page 102, line 3, at end insert—

    “( )
In subsection (4)—

(a)
leave out paragraph (a), and

(b)
in paragraph (b), for “such a report” substitute “a report of the

Competition Commission under section 45”.”
Schedule 10
51
Page 105, line 26, after “determination” insert “on that day”
52
Page 106, line 19, leave out “such”
53
Page 106, line 38, leave out from “if” to “, and” in line 39 and insert “the CAA

makes, and publishes a notice of, a determination that the market power test is not

met in relation to the designated airport (subject to sub-paragraph (3A))”
54
Page 106, line 40, at end insert—

  “(3A)
During the interim period, such an order must not be revoked—

(a)
during the period in which a person may appeal to the

Competition Appeal Tribunal against the determination,

(b)
at a time when the effect of the determination is suspended or the

Secretary of State or the Department of the Environment in

Northern Ireland considers that it may be suspended, or

(c)
if all or part of the determination has been set aside or quashed.”
55
Page 107, line 14, at end insert—

  “(1A)
In this paragraph “the main operator’s airport area” means the whole of

the area at the 2012 Act airport in respect of which the operator (as

defined in this Act) on the commencement day is the person who was the

operator (as defined in the 1986 Act or the 1994 Order) of the predecessor

airport immediately before the commencement day.”
56
Page 107, line 15, leave out “, if the predecessor airport is a designated airport”
57
Page 107, line 16, leave out from “airport” to “, and” in line 17 and insert “is to the

predecessor airport”
58
Page 107, line 18, after first “to” insert “the airport area consisting of”
59
Page 107, line 18, leave out “the whole of the 2012 Act airport” and insert “the main

operator’s airport area”
60
Page 107, line 20, leave out “, if the predecessor airport is a designated airport”
61
Page 107, line 21, leave out from “airport” to end of line 22 and insert “is to the

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predecessor airport”
62
Page 107, line 24, leave out from beginning to “, and” and insert “is to services

provided in the main operator’s airport area”
63
Page 107, line 25, leave out from first “to” to end of line 27 and insert “the airport

is to the predecessor airport”
64
Page 107, line 30, leave out “the 2012 Act airport” and insert “the main operator’s

airport area”
65
Page 107, line 34, leave out from first “of” to end and insert “the main operator’s

airport area”
66
Page 107, line 35, leave out sub-paragraph (6) and insert—

    “(6)
In paragraph 5(3), the reference to a determination that the market

power test is not met in relation to the designated airport includes a

determination that it is not met in relation to an airport area that includes

the whole of the predecessor airport.”
67
Page 107, leave out line 42 and insert “the main operator’s airport area”
68
Page 107, line 44, leave out sub-paragraph (1)
69
Page 108, line 1, after “power” insert “under section 107”
Schedule 13
70
Page 115, line 5, leave out sub-paragraph (3)
71
Page 115, line 13, 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.”
72
Page 115, line 23, at end insert—

    “( )
When deciding an appeal under paragraph 1 (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 4

of the Civil Aviation Act 1982.”

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