Vehicle Technology and Aviation Bill (HC Bill 143)

Vehicle Technology and Aviation BillPage 20

91H Power to prevent courses being offered for repeat offences

(1) The Department of Justice may by regulations prohibit the Chief
Constable from offering an approved course to a person as an
alternative to prosecution for a specified fixed penalty offence where—

(a) 5there is a course fee, and

(b) the person has, within a period specified in the regulations,
satisfactorily completed a similar approved course in respect of
an earlier specified fixed penalty offence.

(2) The regulations must include provision for the purpose of identifying
10what counts as a “similar” course; and that provision may, in particular,
confer power on a person to determine what courses count as similar.

(3) In this Article the following terms have the meaning given by
Article 91G(5)

  • “approved course”;

  • 15“specified fixed penalty offence”.

91I Procedure for regulations under this Part

(1) Regulations under this Part are subject to negative resolution.

(2) Regulations under this Part may include such incidental or
supplementary provision as appears to the Department of Justice to be
20necessary or expedient.”

(3) The Secretary of State may by regulations amend Part 3B of the Road Traffic
Offenders Act 1988 for the purpose of making provision corresponding or
similar to section 90G or 90H of that Act in relation to courses offered as an
alternative to prosecution in Scotland for a fixed penalty offence.

(4) 25In this subsection (3) “fixed penalty offence” means an offence that is a fixed
penalty offence for the purposes of Part 3 the 1988 Act (see section 51 of that
Act).

(5) The power to make regulations under subsection (3) is exercisable by statutory
instrument.

(6) 30A statutory instrument containing regulations under subsection (3) may not be
made unless a draft of the instrument has been laid before Parliament and
approved by a resolution of each House.

Part 5 General

24 35Minor and consequential amendments

(1) Schedule 5 (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.

(3) The power to make regulations under this section is exercisable by statutory
40instrument.

(4) Regulations under this section may amend any enactment passed or made
before this Act or in the same Session.

Vehicle Technology and Aviation BillPage 21

(5) A statutory instrument containing regulations under this section any of which
amend primary legislation may not be made unless a draft of the instrument
has been laid before Parliament and approved by a resolution of each House.

(6) A statutory instrument containing regulations under this section none of
5which amends primary legislation is subject to annulment in pursuance of a
resolution of either House of Parliament.

(7) In this section—

  • “amend” includes repeal or revoke;

  • “primary legislation” means—

    (a)

    10an Act of Parliament;

    (b)

    an Act of the Scottish Parliament;

    (c)

    an Act or Measure of the National Assembly for Wales;

    (d)

    Northern Ireland legislation.

25 Commencement

(1) 15This Act comes into force on whatever day or days the Secretary of State
appoints by regulations.

(2) Subsection (1) does not apply to the following sections of this Act (which come
into force on the day on which this Act is passed)—

(a) sections 18 and 19;

(b) 20section 24(2) to (7);

(c) this section;

(d) sections 26 and 27.

(3) The power to make regulations under this section is exercisable by statutory
instrument.

(4) 25Regulations under this section—

(a) may appoint different days for different purposes;

(b) may make transitional, transitory or saving provision.

26 Extent

(1) Part 1, section 21 and section 23(1) and (3) to (6) extend to England and Wales
30and Scotland.

(2) Section 23(2) extends to Northern Ireland.

(3) Parts 2 and 3 and section 22 extend to England and Wales, Scotland and
Northern Ireland.

(4) An amendment made by Schedule 5 has the same extent as the provision to
35which it relates.

27 Short title

This Act may be cited as the Vehicle Technology and Aviation Act 2017.

Vehicle Technology and Aviation BillPage 22

SCHEDULES

Section 16

SCHEDULE 1 Modification of licence conditions under section 11 of the Transport Act 2000:
appeals

1 5After section 19 of the Transport Act 2000 insert—

“Appeal against modification of licence conditions

19A Appeal to Competition and Markets Authority

(1) An appeal lies to the CMA against a decision by the CAA to modify
a licence condition under section 11(1).

(2) 10An appeal may be brought under this section only by—

(a) the licence holder,

(b) an owner or operator of an aircraft whose interests are
materially affected by the decision, or

(c) an owner or manager of a prescribed aerodrome whose
15interests are materially affected by the decision.

(3) “Prescribed aerodrome” means an aerodrome of a description
prescribed by regulations made by the Secretary of State.

(4) An appeal may be brought under this section only with the
permission of the CMA.

(5) 20An application for permission to appeal under this section may be
made only by a person who, if permission is granted, will be entitled
to bring the appeal.

(6) The CMA may refuse permission to appeal under this section only
on one of the following grounds—

(a) 25that the appeal is brought for reasons that are trivial or
vexatious;

(b) that the appeal does not have a reasonable prospect of
success;

(c) that subsection (7) is satisfied.

(7) 30This subsection is satisfied if the appeal is brought—

(a) against a decision that relates entirely to a matter remitted to
the CAA following an earlier appeal under this section, and

(b) on grounds that were considered, or could have been raised
by the current applicant or a relevant connected person, as
35part of the earlier appeal.

Vehicle Technology and Aviation BillPage 23

(8) In subsection (7) “relevant connected person”, in relation to an
applicant, means a person who was connected to the applicant at any
time during the consideration of the earlier appeal by the CMA.

19B When appeals may be allowed

5The CMA may allow an appeal under section 19A 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) 10that an error was made in the exercise of a discretion.

19C Determination of appeal

(1) Where it does not allow an appeal under section 19A, the CMA must
confirm the decision appealed against.

(2) Where it allows an appeal under section 19A, the CMA must do one
15or more of the following—

(a) quash the decision appealed against;

(b) remit the matter that is the subject of the decision appealed
against to the CAA for reconsideration and decision in
accordance with this Chapter and any directions given by the
20CMA;

(c) substitute its own decision for that of the CAA.

(3) Where it allows only part of an appeal under section 19A—

(a) subsection (2) applies in relation to the part of the decision
appealed against in respect of which the appeal is allowed,
25and

(b) subsection (1) applies in respect of the rest of that decision.

(4) Where the CMA substitutes its own decision for that of the CAA, the
CMA may give directions to—

(a) the CAA, and

(b) 30the licence holder.

(5) The CMA must not give a direction under this section that requires a
person to do anything that the person would not have the power to
do apart from the direction.

(6) A direction given by the CMA under this section to a person other
35than the CAA is enforceable—

(a) in England and Wales and Northern Ireland, as if it were an
order of the High Court;

(b) in Scotland, as if it were an order of the Court of Session.

19D Determination of appeal: time limits

(1) 40The CMA must determine an appeal under section 19A within the
period of 24 weeks beginning with the day on which the CAA
published, in accordance with section 11A, the notice of the decision
that is the subject of the appeal.

This is subject to subsections (2) to (5).

Vehicle Technology and Aviation BillPage 24

(2) The CMA may extend the appeal period by not more than 12 weeks
if satisfied that there are good reasons for doing so.

(3) The CMA may extend the appeal period only once in reliance on
subsection (2).

(4) 5The CMA may extend the appeal period by any period that it
considers appropriate if—

(a) there is an appeal to the Competition Appeal Tribunal under
this Chapter which the CMA considers may be relevant to the
appeal under section 19A, and

(b) 10the appeal to the Tribunal has not been determined or
withdrawn.

(5) The CMA may extend the appeal period more than once in reliance
on subsection (4).

(6) If the CMA extends the appeal period it must—

(a) 15publish a notice stating the new time limit for determining
the appeal;

(b) send a copy of the notice to the persons listed in subsection
(7).

(7) Those persons are—

(a) 20the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence
holder, the appellant;

(c) any other person with a qualifying interest in the decision
that is the subject of the appeal (see paragraph 27(3) of
25Schedule A1);

(d) any owners or operators of aircraft that the CMA considers
appropriate;

(e) any owners or managers of prescribed aerodromes (within
the meaning given in section 19A(3)) that the CMA considers
30appropriate;

(f) the CAA.

(8) The Secretary of State may by regulations modify the periods of time
specified in this section.

(9) In this section “appeal period”, in relation to an appeal under section
3519A, means the period allowed for determining the appeal.

19E Determination of appeal: publication etc

(1) A determination made by the CMA on an appeal under section
19A—

(a) must be contained in an order made by the CMA, and

(b) 40takes effect at the time specified in the order or determined in
accordance with the order.

(2) The order must set out the reasons for the determination.

(3) The CMA must—

(a) publish the order as soon as practicable after the
45determination is made;

Vehicle Technology and Aviation BillPage 25

(b) send a copy of the order to the persons listed in subsection
(4).

(4) Those persons are—

(a) the holder of the licence which is the subject of the appeal;

(b) 5if the appeal is brought by a person other than the licence
holder, the appellant;

(c) any other person with a qualifying interest in the decision
that is the subject of the appeal (see paragraph 27(3) of
Schedule A1);

(d) 10any owners or operators of aircraft that the CMA considers
appropriate;

(e) any owners or managers of prescribed aerodromes (within
the meaning given in section 19A(3)) that the CMA considers
appropriate;

(f) 15the CAA.

(5) The CMA may exclude from publication under subsection (3) any
information that it is satisfied is—

(a) commercial information the disclosure of which would or
might, in the opinion of the CMA, significantly harm the
20legitimate business interests of an undertaking to which it
relates, or

(b) information relating to the private affairs of an individual,
the disclosure of which would or might, in the opinion of the
CMA, significantly harm the individual’s interests.

(6) 25The CAA must take any steps that it considers necessary for it to
comply with the order.

(7) The steps must be taken—

(a) if a time is specified in the order or is to be determined in
accordance with that order, within that time;

(b) 30otherwise, within a reasonable time.

19F Procedure on appeals

(1) Schedule A1 makes further provision in respect of appeals under
section 19A.

(2) In carrying out the functions listed in subsection (3), the CMA must
35have regard to the matters in respect of which duties are imposed on
the CAA by section 2.

(3) Those functions are—

(a) deciding an application for permission to appeal under
section 19A;

(b) 40deciding an application under Schedule A1 for permission to
intervene in an appeal;

(c) determining an appeal under section 19A, including taking
decisions and giving directions described in section 19D.

(4) Except where Schedule A1 provides otherwise, the functions of the
45CMA with respect to an appeal under section 19A are to be carried
out on behalf of the CMA by a group constituted for the purpose, by

Vehicle Technology and Aviation BillPage 26

the chair of the CMA, under Schedule 4 to the Enterprise and
Regulatory Reform Act 2013.”

Section 16

SCHEDULE 2 New Schedule A1 to the Transport Act 2000

5This Schedule sets out the new Schedule A1 to the Transport Act 2000, to be
inserted before Schedule 1 to that Act—

“Schedule A1 Appeals under section 19A

Part 1 Permission to appeal

10Application for permission to appeal

1 (1) An application to the CMA for permission to appeal under section
19A may not be made after the end of the period of six weeks
beginning with day on which the CAA published the decision
notice.

(2) 15In this Schedule “the decision notice” means the notice published
under section 11A of the decision that is the subject of the
application for permission to appeal under section 19A.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) 20publish the application;

(b) send a copy of the application to the persons listed in sub-
paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the
25application;

(b) any other person with a qualifying interest in the decision
that is the subject of the application;

(c) any owners or operators of aircraft that the CAA considers
appropriate;

(d) 30any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

Determination of application for permission to appeal

2 (1) The decision of the CMA on an application for permission to
appeal is to be taken by an authorised member of the CMA.

(2) 35The authorised member must take the decision before the end of
the period of ten weeks beginning with the day on which the CAA
published the decision notice.

Vehicle Technology and Aviation BillPage 27

(3) The authorised member may grant permission to appeal subject to
conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be
5considered on the appeal;

(b) conditions for the purpose of expediting the determination
of the appeal;

(c) conditions requiring the appeal to be considered together
with other appeals, including appeals relating to different
10matters or decisions and appeals brought by different
persons.

(5) An authorised member of the CMA who grants permission to
appeal against a decision that relates entirely or partly to a matter
remitted to the CAA following an earlier appeal under section 19A
15must grant permission subject to conditions excluding the
consideration of—

(a) matters that were considered as part of the earlier appeal,
and

(b) matters that could have been raised by the applicant or a
20relevant connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not
to do so.

(6) In sub-paragraph (5) “relevant connected person”, in relation to an
applicant, means a person who was connected to the applicant at
25any time during the consideration of the earlier appeal by the
CMA.

(7) An authorised member of the CMA must—

(a) publish the decision on an application for permission to
appeal and the reasons for the decision;

(b) 30send a copy of the decision and the reasons to the persons
listed in sub-paragraph (8).

(8) Those persons are—

(a) the holder of the licence which is the subject of the
application;

(b) 35if the application was made by someone other than the
licence holder, the applicant;

(c) any other person with a qualifying interest in the decision
that is the subject of the appeal;

(d) any owners or operators of aircraft that the CMA considers
40appropriate;

(e) any owners or managers of prescribed aerodromes that the
CMA considers appropriate;

(f) the CAA.

(9) An authorised member of the CMA may exclude from publication
45under sub-paragraph (7) any information that the member is
satisfied is—

(a) commercial information the disclosure of which would or
might, in the opinion of the member, significantly harm

Vehicle Technology and Aviation BillPage 28

the legitimate business interests of an undertaking to
which it relates, or

(b) information relating to the private affairs of an individual
the disclosure of which would or might, in the opinion of
5the member, significantly harm the individual’s interests.

Time limit for CAA to make representations

3 (1) This paragraph applies where the CAA wishes to make
representations to the CMA in relation to an application under
paragraph 1 for permission to appeal against a decision.

(2) 10The CAA must make representations in writing before the end of
the period of eight weeks beginning with the day on which the
CAA published the decision notice.

(3) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the
15application;

(b) if the application was made by someone other than the
licence holder, the applicant;

(c) any other person with a qualifying interest in the decision
that is the subject of the appeal;

(d) 20any owners or operators of aircraft that the CAA considers
appropriate;

(e) any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

Part 2 25Intervention in appeal

Application for permission to intervene in appeal

4 (1) Where an application is made under paragraph 1 for permission
to appeal against a decision, an application for permission to
intervene in the appeal may be made to the CMA by another
30person who would be entitled to appeal against the decision.

(2) An application for permission to intervene—

(a) may be made before the end of the period of one week
beginning with the day of publication of the CMA’s
decision to grant permission to appeal against the decision;

(b) 35may be made after the end of that period only with the
leave of an authorised member of the CMA.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) 40send a copy of the application to the persons listed in sub-
paragraph (5) (other than the applicant).

(5) The persons are—

Vehicle Technology and Aviation BillPage 29

(a) the holder of the licence that is the subject of the
application for permission to appeal;

(b) any other person with a qualifying interest in the decision
that is the subject of the application;

(c) 5any owners or operators of aircraft that the CAA considers
appropriate;

(d) any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

Determination of application for permission to intervene

5 (1) 10The decision of the CMA on an application for permission to
intervene is to be taken by an authorised member of the CMA.

(2) An authorised member of the CMA may grant permission to
intervene in an appeal only if the member is satisfied that allowing
the applicant to intervene is necessary or desirable for the proper
15resolution of the appeal.

(3) The authorised member—

(a) may grant permission to intervene for the purposes of
supporting or opposing an appeal;

(b) must make any permission to intervene for the purpose of
20supporting an appeal subject to conditions preventing the
intervener from putting forward new grounds of appeal;

(c) may make permission to intervene subject to other
conditions, including conditions which limit the matters
that may be raised by the intervener.

(4) 25An authorised member of the CMA must—

(a) publish the decision on an application for permission to
intervene and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons
listed in sub-paragraph (5).

(5) 30Those persons are—

(a) the holder of the licence which is the subject of the
application;

(b) if the application was made by someone other than the
licence holder, the applicant;

(c) 35any other person with a qualifying interest in the decision
that is the subject of the application;

(d) any owners or operators of aircraft that the authorised
member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the
40authorised member considers appropriate;

(f) the CAA.

(6) An authorised member of the CMA may exclude from publication
under sub-paragraph (4) any information that the member is
satisfied is—

(a) 45commercial information the disclosure of which would or
might, in the opinion of the member, significantly harm