Vehicle Technology and Aviation Bill (HC Bill 143)

Vehicle Technology and Aviation BillPage 40

(3) Subject to sub-paragraph (4), an order under sub-paragraph (2)
must require those costs to be paid—

(a) where the appeal is allowed in full, by the CAA;

(b) where the appeal is dismissed in full, by the appellant;

(c) 5where the appeal is allowed in part, by the appellant and
the CAA in such proportions as the group considers
appropriate.

(4) The order may require an intervener in the appeal to pay such
proportion of those costs (if any) as the group considers
10appropriate.

(5) A group that determines an appeal may make any order that it
thinks fit requiring one party to the appeal to make payments to
another in respect of costs reasonably incurred by the other party
in connection with the appeal.

(6) 15A person who is required to make a payment by an order under
this paragraph must comply with the order before the end of the
period of 28 days beginning with the day after the making of the
order.

(7) If that person does not do so, the unpaid balance carries interest at
20a rate specified in the order or determined in accordance with it.

(8) In this paragraph, references to an intervener in an appeal, and to
a party to an appeal, include a person who was granted
permission to intervene in an appeal and subsequently withdrew
from the appeal.

25Secretary of State’s power to modify time limits

25 The Secretary of State may by regulations modify any period of
time specified in this Schedule.

Publication etc

26 Where the CAA, the CMA or an authorised member of the CMA
30is required by this Schedule to publish something or send a copy
of something and this Schedule does not specify a time for doing
so, it must be published or sent as soon as practicable.

Interpretation

27 (1) In this Schedule—

  • 35“appeal” means an appeal under section 19A;

  • “the appropriate court”—

    (a)

    in relation to England and Wales and Northern
    Ireland, means the High Court;

    (b)

    in relation to Scotland, means the Court of Session;

  • 40“authorised member of the CMA” has the meaning given in
    sub-paragraph (2);

  • “CMA Board” and “CMA panel” have the same meaning as
    in Schedule 4 to the Enterprise and Regulatory Reform Act
    2013;

  • Vehicle Technology and Aviation BillPage 41

  • “intervener”, in relation to an appeal, means a person who
    has been granted permission to intervene in the appeal and
    who has not withdrawn from the appeal;

  • “prescribed aerodrome” has the meaning given in section
    519A(3);

  • “statement of truth”, in relation to the production of a
    statement or in relation to information provided by a
    person, means a statement that the person producing that
    statement or providing that information believes the facts
    10contained in the statement or the information to be true.

(2) In this Schedule “authorised member of the CMA”—

(a) in relation to a power exercisable in connection with an
appeal, or an application or direction, in respect of which a
group has been constituted by the chair of the CMA under
15Schedule 4 to the Enterprise and Regulatory Reform Act
2013, means a member of that group who has been
authorised by the chair of the CMA to exercise that power;
and

(b) in relation to a power exercisable in connection with an
20application for permission to bring an appeal, or otherwise
in connection with an appeal or application or direction in
respect of which a group has not been so constituted by the
chair of the CMA, means—

(i) any member of the CMA Board who is also a
25member of the CMA panel, or

(ii) any member of the CMA panel authorised by the
Secretary of State (whether generally or
specifically) to exercise the power in question.

(3) For the purposes of this Schedule and sections 19D and 19E, a
30person has a qualifying interest in a decision that is the subject of
an appeal or an application under this Schedule for permission to
appeal if—

(a) the person has been granted permission to appeal against
the decision and has not withdrawn the appeal,

(b) 35the person has applied for permission to appeal against the
decision and the application has not been withdrawn or
refused,

(c) the person has been granted permission to intervene in an
appeal against the decision and the appeal has not been
40withdrawn,

(d) the person has applied for permission to intervene in an
appeal against the decision and the application has not
been withdrawn or refused, or

(e) the person has applied for a direction under paragraph 8,
45the application has not been withdrawn or refused and any
direction made in response to the application has not been
withdrawn.”

Vehicle Technology and Aviation BillPage 42

Section 17

SCHEDULE 3 New Schedule B1 to the Transport Act 2000

This Schedule sets out the new Schedule B1 to the Transport Act 2000, to be
inserted after Schedule A1 to that Act (inserted by section 16 above)—

“Schedule B1 5Enforcement of duties under section 8 and licence conditions

Part 1 Enforcement

Contravention notices

1 (1) The CAA may give a notice under this paragraph (a
10“contravention notice”) to a licence holder if it has reasonable
grounds for believing that the licence holder is contravening, or
has contravened, a Chapter 1 requirement.

(2) In this Schedule “Chapter 1 requirement”, in relation to a licence
holder, means—

(a) 15a duty imposed on the licence holder by section 8, or

(b) a licence condition of the licence holder’s licence.

(3) A contravention notice must—

(a) specify the Chapter 1 requirement and contravention in
respect of which it is given;

(b) 20explain the action that the CAA may take under this
Schedule in connection with the contravention;

(c) explain that representations may be made about the
matters in the notice before the end of the period specified
in the notice.

(4) 25The CAA must specify a period of not less than 30 days beginning
with the day on which the contravention notice is given, subject to
sub-paragraph (5).

(5) The CAA may specify a shorter period in a contravention notice
given in respect of a repeated contravention.

(6) 30A contravention notice is given to a licence holder in respect of a
repeated contravention if, in the period of two years ending with
the day on which the notice is given, the CAA did one or more of
the following in respect of a contravention by the licence holder of
the same Chapter 1 requirement—

(a) 35gave the licence holder a contravention notice;

(b) gave the licence holder an enforcement order;

(c) gave the licence holder an urgent enforcement order;

(d) imposed a penalty on the licence holder under paragraph
9 or 10.

Vehicle Technology and Aviation BillPage 43

(7) The CAA may extend the period specified in a contravention
notice given to a licence holder on one or more occasions by giving
a notice to that licence holder.

(8) The CAA may withdraw a contravention notice given to a licence
5holder at any time by giving a notice to the licence holder that
includes its reasons for doing so.

(9) As soon as practicable after giving a notice under sub-paragraph
(1), (7) or (8), the CAA must—

(a) publish the notice;

(b) 10send a copy of the notice to—

(i) any owners or operators of aircraft, or any bodies
representing them, that the CAA considers
appropriate;

(ii) any owners or managers of aerodromes, or any
15bodies representing them, that the CAA considers
appropriate;

(iii) the Secretary of State.

(10) A contravention notice given in respect of a contravention that is
or was a continuing contravention must specify the period of
20contravention in respect of which it is given.

(11) In this Schedule “representation period”, in relation to a
contravention notice, means—

(a) the period specified in the contravention notice for making
representations;

(b) 25where the period has been extended in accordance with
sub-paragraph (7), the extended period.

Restrictions on giving contravention notices

2 (1) If the CAA gives a licence holder a contravention notice or an
urgent enforcement order (see paragraph 5)) in respect of a
30contravention, it may not subsequently give the licence holder a
contravention notice in respect of the same contravention.

(2) Sub-paragraph (1) does not apply if—

(a) the CAA withdraws the first contravention notice without
imposing a penalty on the person under paragraph 9, or

(b) 35the CAA revokes the urgent enforcement order without
imposing a penalty on the licence holder under paragraph
10.

(3) Sub-paragraph (1) does not prevent the CAA giving a licence
holder more than one contravention notice, or a contravention
40notice and urgent enforcement order, in respect of—

(a) contraventions of the same Chapter 1 requirement in
different ways, or

(b) contraventions of the same Chapter 1 requirement at
different times or during different periods.

Vehicle Technology and Aviation BillPage 44

Enforcement order

3 (1) The CAA may give an order under this paragraph (an
“enforcement order”) to a licence holder if—

(a) it has given the licence holder a contravention notice (and
5has not withdrawn it),

(b) the representation period has ended,

(c) it has considered any representations made about the
matters in the contravention notice before the end of that
period (and not withdrawn), and

(d) 10sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the CAA has determined that the
licence holder is contravening a Chapter 1 requirement specified
in the contravention notice in one or more of the ways specified in
the notice.

(3) 15This sub-paragraph is satisfied if the CAA has determined that the
licence holder—

(a) has contravened a Chapter 1 requirement specified in the
contravention notice in one or more of the ways specified
in the notice, and

(b) 20did not, before the end of the representation period, take
all of the appropriate steps mentioned in sub-paragraph
(6)(b).

(4) An enforcement order must—

(a) specify the Chapter 1 requirement and contravention in
25respect of which it is given;

(b) require the licence holder to take any appropriate steps
that are specified in the order;

(c) specify a reasonable period within which the steps must be
taken;

(d) 30give the CAA’s reasons for giving the order.

(5) As soon as practicable after giving an enforcement order, the CAA
must—

(a) publish the order;

(b) send a copy of the notice to—

(i) 35any owners or operators of aircraft, or any bodies
representing them, that the CAA considers
appropriate;

(ii) any owners or managers of aerodromes, or any
bodies representing them, that the CAA considers
40appropriate;

(iii) the Secretary of State.

(6) In this paragraph “appropriate steps”, in relation to a
contravention of a Chapter 1 requirement, means steps that the
CAA has determined are appropriate—

(a) 45for complying with the requirement, and

(b) for remedying the consequences of the contravention.

Vehicle Technology and Aviation BillPage 45

Enforcement order: modification and revocation

4 (1) The CAA may—

(a) modify an enforcement order with the agreement of the
licence holder to whom it was given, or

(b) 5revoke an enforcement order.

(2) Before modifying or revoking the order, the CAA must—

(a) publish a notice in relation to the proposed modification or
revocation;

(b) send a copy of the notice to the licence holder to whom the
10order was given;

(c) consider any representations made about the proposal in
the period specified in the notice (and not withdrawn).

(3) The notice under sub-paragraph (2) must—

(a) state that the CAA proposes to modify or revoke the order;

(b) 15specify the proposed modification (if relevant);

(c) give the CAA’s reasons for the modification or revocation;

(d) specify a reasonable period for making representations.

(4) As soon as practicable after modifying or revoking an enforcement
order, the CAA must—

(a) 20publish a notice giving details of the modification or
revocation;

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

(5) The persons are—

(a) 25the licence holder to whom the enforcement order was
given;

(b) any owners or operators of aircraft, or any bodies
representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies
30representing them, that the CAA considers appropriate;

(d) the Secretary of State.

Urgent enforcement order

5 (1) The CAA may give an order under this paragraph (an “urgent
enforcement order”) to a licence holder if sub-paragraph (2) or (3)
35is satisfied.

(2) This sub-paragraph is satisfied if the CAA has reasonable grounds
for believing that—

(a) the licence holder is contravening, or has contravened, a
Chapter 1 requirement,

(b) 40the contravention has resulted in, or creates an immediate
risk of, a serious economic or operational problem—

(i) for owners or operators of aircraft, or

(ii) for owners or managers of aerodromes, and

(c) it is appropriate to give an urgent enforcement order to
45prevent, remove or reduce that problem or risk.

Vehicle Technology and Aviation BillPage 46

(3) This sub-paragraph is satisfied if the CAA has reasonable grounds
for believing that—

(a) the licence holder is likely to contravene a Chapter 1
requirement,

(b) 5the contravention is likely to result in, or create an
immediate risk of, a problem described in sub-paragraph
(2)(b), and

(c) it is appropriate to give the urgent enforcement order to
prevent, or reduce the likelihood of, that problem or risk
10arising.

(4) An urgent enforcement order must—

(a) specify the Chapter 1 requirement and the contravention
in respect of which it is given;

(b) require the licence holder to take any appropriate steps
15that are specified in the order;

(c) specify a reasonable period within which the steps must be
taken;

(d) give the CAA’s reasons for giving the order.

(5) As soon as practicable after giving an urgent enforcement order,
20the CAA must—

(a) publish the order;

(b) send a copy of the order to—

(i) any owners or operators of aircraft, or any bodies
representing them, that the CAA considers
25appropriate;

(ii) any owners or managers of aerodromes, or any
bodies representing them, that the CAA considers
appropriate;

(iii) the Secretary of State.

(6) 30In this paragraph “appropriate steps”—

(a) in relation to a contravention of a Chapter 1 requirement
that has occurred or is occurring, means steps that the
CAA has determined are appropriate—

(i) for complying with the requirement, and

(ii) 35for remedying the consequences of the
contravention;

(b) in relation to a contravention of a Chapter 1 requirement
that is likely to occur, means steps that the CAA has
determined are appropriate for securing that the
40contravention does not occur.

Urgent enforcement order: confirmation

6 (1) As soon as practicable after giving an urgent enforcement order,
the CAA must—

(a) confirm the order, or

(b) 45revoke the order (see paragraph 7).

(2) The CAA may confirm an urgent enforcement order with or
without modifications.

Vehicle Technology and Aviation BillPage 47

(3) The CAA may confirm an urgent enforcement order given in
reliance on paragraph 5(2) only if it has determined that—

(a) the licence holder is contravening, or has contravened, a
Chapter 1 requirement specified in the order in one or
5more of the ways specified in the order,

(b) the contravention has resulted in, or creates an immediate
risk of, a problem described in paragraph 5(2)(b), and

(c) it is appropriate to confirm the urgent enforcement order,
with any modifications, to prevent, remove or reduce that
10problem or risk.

(4) The CAA may confirm an urgent enforcement order given in
reliance on paragraph 5(3) only if—

(a) it has determined that paragraphs (a) to (c) of sub-
paragraph (3) of this paragraph are satisfied, or

(b) 15it has determined that—

(i) the licence holder is likely to contravene a Chapter
1 requirement specified in the order in one or more
of the ways specified in the order,

(ii) the contravention is likely to result in, or create an
20immediate risk of, a problem described in
paragraph 5(2)(b), and

(iii) it is appropriate to confirm the urgent enforcement
order, with any modifications, in order to prevent,
or reduce the likelihood of, that problem or risk
25arising.

(5) Before confirming an urgent enforcement order, the CAA must—

(a) publish a notice in relation to the proposal to confirm the
order;

(b) send a copy of the notice to the licence holder to whom the
30order was given;

(c) consider any representations made about the proposal in
the period specified in the notice (and not withdrawn).

(6) The notice under sub-paragraph (5) must—

(a) state that the CAA proposes to confirm the order;

(b) 35specify any proposed modifications of the order;

(c) give the CAA’s reasons for confirming the order and for
any modifications;

(d) specify a reasonable period for making representations.

(7) As soon as practicable after confirming an urgent enforcement
40order, the CAA must—

(a) publish a notice giving details of the confirmation,
including any modifications of the order;

(b) send a copy of the notice to the persons listed in sub-
paragraph (8).

(8) 45Those persons are—

(a) the licence holder to whom the urgent enforcement order
was given;

(b) any owners or operators of aircraft, or any bodies
representing them, that the CAA considers appropriate;

Vehicle Technology and Aviation BillPage 48

(c) any owners or managers of aerodromes, or any bodies
representing them, that the CAA considers appropriate;

(d) the Secretary of State.

Urgent enforcement order: modification and revocation

7 (1) 5The CAA may—

(a) modify an urgent enforcement order with the agreement
of the licence holder to whom it was given, or

(b) revoke an urgent enforcement order.

(2) Before modifying or revoking the order, the CAA must—

(a) 10publish a notice in relation to the proposed modification or
revocation;

(b) send a copy of the notice to the licence holder;

(c) consider any representations made about the proposal in
the period specified in the notice (and not withdrawn).

(3) 15The notice under sub-paragraph (2) must—

(a) state that the CAA proposes to modify or revoke the order;

(b) specify the proposed modification (if relevant);

(c) give the CAA’s reasons for the modification or revocation;

(d) specify a reasonable period for making representations.

(4) 20As soon as practicable after modifying or revoking an urgent
enforcement order, the CAA must—

(a) publish a notice giving details of the modification or
revocation;

(b) send a copy of the notice to the persons listed in sub-
25paragraph (5).

(5) Those persons are—

(a) the licence holder to whom the urgent enforcement order
was given;

(b) any owners or operators of aircraft, or any bodies
30representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies
representing them, that the CAA considers appropriate;

(d) the Secretary of State.

(6) Nothing in this paragraph restricts, or applies in relation to the
35exercise of, the CAA’s power under paragraph 6 to modify an
urgent enforcement order when confirming the order.

Civil proceedings

8 (1) A licence holder who is given an enforcement order must comply
with it (unless it is revoked).

(2) 40The obligation to comply with an enforcement order is a duty
owed to every person who may be affected by a contravention of
a requirement of the order.

Vehicle Technology and Aviation BillPage 49

(3) A licence holder who is given an urgent enforcement order must
comply with it, whether or not it has been confirmed (unless it is
revoked).

(4) The obligation to comply with an urgent enforcement order that
5has been confirmed is a duty owed to every person who may be
affected by a contravention of a requirement of the order.

(5) Where a duty is owed to a person under sub-paragraph (2) or (4),
the following are actionable by the person—

(a) a breach of the duty that causes the person to sustain loss
10or damage;

(b) an act that—

(i) by inducing a breach of the duty or interfering with
its performance, causes that person to sustain loss
or damage, and

(ii) 15is done entirely or partly for achieving that result.

(6) In proceedings brought against a licence holder by virtue of sub-
paragraph (5), it is a defence for the licence holder to show that it
took all reasonable steps and exercised all due diligence to avoid
contravening the requirements of the order.

(7) 20The CAA may enforce the duties under sub-paragraphs (1) and
(3)

(a) in civil proceedings for an injunction,

(b) in civil proceedings in Scotland for an interdict or for
specific performance of a statutory duty under section 45
25of the Court of Session Act 1988, or

(c) in civil proceedings for any other appropriate remedy or
relief.

(8) Enforcement of a duty under sub-paragraph (1) or (3) by the CAA
does not prejudice any rights a person may have by virtue of sub-
30paragraph (5).

Penalty for contravention of licence condition

9 (1) The CAA may impose a penalty on a licence holder if—

(a) it has given the licence holder a contravention notice (and
has not withdrawn it),

(b) 35the representation period has ended,

(c) it has considered any representations made about the
matters in the contravention notice before the end of that
period (and not withdrawn), and

(d) it has determined that the licence holder is contravening,
40or has contravened, a Chapter 1 requirement specified in
the notice in one or more of the ways specified in the
notice.

(2) If the contravention notice specifies more than one contravention,
the CAA may impose a separate penalty under this paragraph for
45each contravention.