Vehicle Technology and Aviation Bill (HC Bill 143)

Vehicle Technology and Aviation BillPage 60

(5) The period specified in the notice under sub-paragraph (1) for
making representations must be a period of not less than 21 days
beginning with the day on which the notice is given to the person.

(6) Before varying the proposed amount of a penalty, the CAA
5must—

(a) give the person on whom the penalty is to be imposed a
notice about the proposed variation;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice as soon as practicable to the
10persons listed in sub-paragraph (4);

(d) consider any representations made about the proposed
variation in the period specified in the notice (and not
withdrawn).

(7) In the case of a penalty under paragraph 2 calculated entirely or
15partly by reference to a daily amount, the reference in sub-
paragraph (6) to varying the proposed amount of the penalty
includes a reference to—

(a) varying the day on which daily amounts would begin to
accumulate, and

(b) 20varying the day on which, or circumstances in which, they
would cease to accumulate.

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

(a) specify the proposed variation;

(b) give the CAA’s reasons for the proposed variation.

(9) 25The period specified in the notice under sub-paragraph (6) for
making representations must be a period of not less than 21 days
beginning with the day on which the notice is given to the person.

(10) The CAA may withdraw a notice under sub-paragraph (1) or (6) at
any time by giving notice to the person on whom it is proposed to
30impose the penalty.

(11) As soon as practicable after giving a notice under sub-paragraph
(10), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to the persons listed in sub-
35paragraph (4).

Procedure after imposing penalty

6 (1) As soon as practicable after imposing a penalty on a person under
paragraph 2, 3 or 4, the CAA must—

(a) give a notice to the person on whom the penalty is
40imposed;

(b) publish the notice;

(c) send a copy of the notice to the persons listed in sub-
paragraph (4).

(2) The notice must—

(a) 45state that the CAA has imposed the penalty;

(b) state the amount of the penalty;

Vehicle Technology and Aviation BillPage 61

(c) give the CAA’s reasons for imposing the penalty;

(d) specify a reasonable period within which the penalty must
be paid or reasonable periods within which different
portions of the penalty must be paid.

(3) 5In the case of a penalty under paragraph 2 calculated entirely or
partly by reference to a daily amount, the notice must specify—

(a) the day on which the daily amounts begin to accumulate;

(b) the day on which, or circumstances in which, they cease to
accumulate.

(4) 10The persons are—

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

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

(c) 15the Secretary of State.

(5) As soon as practicable after daily amounts cease to accumulate,
the CAA must—

(a) give a notice to the person on whom the penalty was
imposed confirming the day on which they ceased to
20accumulate;

(b) send a copy of the notice to the persons listed in sub-
paragraph (4).

Part 3 Appeals against penalties: information

25Appeals against penalties

7 (1) A person may appeal to the Competition Appeal Tribunal against
a penalty imposed on the person under paragraph 2, 3 or 4.

(2) The appeal may be against one or more of the following—

(a) a decision to impose a penalty;

(b) 30a decision as to the amount of the penalty;

(c) in the case of a penalty calculated entirely or partly by
reference to a daily amount, a decision as to the period
during which daily amounts accumulate;

(d) a decision as to the period allowed for payment of the
35penalty.

(3) Where a person appeals under this paragraph against a penalty,
the CAA may not require the person to pay the penalty until the
appeal is decided or withdrawn.

(4) In any appeal where the commission of an offence under section
40101 is an issue requiring determination, the CAA must prove that
offence according to the same burden and standard of proof as in
a criminal prosecution.

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Decisions on appeal

8 (1) The Competition Appeal Tribunal may allow an appeal under
paragraph 7 only to the extent that it is satisfied that the decision
appealed against was wrong on one or more of the following
5grounds—

(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.

(2) It may—

(a) 10confirm or set aside the penalty;

(b) give the CAA any directions that it considers appropriate,
including directions about the time within which the CAA
must act.

(3) It may not direct the CAA to do anything that the CAA would not
15have the power to do apart from the direction.

(4) When deciding an appeal under paragraph 7 (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 2.

20Further appeals

9 (1) An appeal lies to the appropriate court on a point of law arising
from a decision of the Competition Appeal Tribunal under
paragraph 8, including a direction.

(2) An appeal under this paragraph may be brought by a party to the
25proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the
permission of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) 30“The appropriate court”—

(a) in the case of an appeal from proceedings in England and
Wales or Northern Ireland, means the Court of Appeal;

(b) in the case of an appeal from proceedings in Scotland,
means the Court of Session.”

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Section 24

SCHEDULE 5 Minor and consequential amendments

Part 1 Automated vehicles: liability of insurers etc

5Prescription and Limitation (Scotland) Act 1973 (c. 52)1973 (c. 52)

1 In section 17 of the Prescription and Limitation (Scotland) Act 1973 (actions
in respect of personal injuries not resulting in death), after subsection (1)
insert—

(1A) This section does not apply to an action of damages in respect of
10personal injuries to which section 18ZA applies.”

2 In section 18 of that Act (actions where death has resulted from personal
injuries), after subsection (1) insert—

(1A) This section does not apply to an action of damages in respect of
personal injuries or death to which section 18ZA applies.”

3 15After that section insert—

18ZA Actions under section 2 of the Vehicle Technology and Aviation Act
2017

(1) This section applies to an action of damages under section 2 of the
Vehicle Technology and Aviation Act 2017 (liability of insurers etc
20where accident caused by automated vehicle).

(2) An action may not be brought after the expiry of the period of 3 years
beginning with the date of the accident mentioned in subsection (1)
or (as the case may be) subsection (2) of that section.

(3) In the computation of the period specified in subsection (2) above
25any time during which the person who sustained the injuries was
under legal disability by reason of nonage or unsoundness of mind
is to be disregarded.

(4) If a person injured in the accident dies before the expiry of the period
mentioned in subsection (2) above, an action may not be brought
30after the expiry of the period of 3 years beginning with the date of
death of the person.

(5) Where an action has not been brought before the expiry of the period
mentioned in subsection (2) above and the person subsequently dies
in consequence of injuries sustained in the accident, an action may
35not be brought in respect of those injuries or that death.

(6) Subsection (7) applies if a person injured in the accident dies and the
person seeking to bring the action is a relative of the deceased.

(7) In the computation of the period specified in subsection (4) above
any time during which the relative was under legal disability by
40reason of nonage or unsoundness of mind is to be disregarded.

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(8) In this section “relative” has the same meaning as in the Damages
(Scotland) Act 2011.

18ZB Section 18ZA: extension of limitation periods

(1) Subsection (2) applies where a person would be entitled, but for
5section 18ZA, to bring an action other than one in which the damages
claimed are confined to damages for loss of or damage to property.

(2) The court may, if it seems to it equitable to do so, allow the person to
bring the action despite that section.

18ZC Actions under section 5 of the Vehicle Technology and Aviation Act
102017

(1) Subsection (2) applies where, by virtue of section 5 of the Vehicle
Technology and Aviation Act 2017 (right of insurer etc to claim
against person responsible for accident), an insurer or vehicle owner
becomes entitled to bring an action against any person.

(2) 15The action may not be brought after the expiry of the period of 2
years beginning with the date on which the right of action accrued
(under subsection (5) of that section).”

4 In section 19CA of that Act (interruption of limitation period: arbitration), in
subsection (1), after “18(2),” insert “18ZA(2) or (4), 18ZC(2),”.

5 20In section 19F of that Act (extension of limitation periods: cross-border
mediation), in subsection (1), after “18,” insert “18ZA, 18ZC,”.

6 In Schedule 1 to that Act (obligations affected by prescriptive periods of 5
years under section 6), in paragraph 2, after sub-paragraph (g) insert—

ga (ga) to any obligation to make reparation arising from liability
25under section 2 of the Vehicle Technology and Aviation
Act 2017 (liability of insurer etc. where accident caused by
automated vehicle);”.

Limitation Act 1980 (c. 58)1980 (c. 58)

7 In section 9 of the Limitation Act 1980 (time limit for actions for sums
30recoverable by statute), in subsection (2), after “section 10” insert “or 10A”.

8 After section 10 of that Act insert—

10A Special time limit for actions by insurers etc in respect of automated
vehicles

(1) Where by virtue of section 5 of the Vehicle Technology and Aviation
35Act 2017 an insurer or vehicle owner becomes entitled to bring an
action against any person, the action shall not be brought after the
expiration of two years from the date on which the right of action
accrued (under subsection (5) of that section).

(2) An action referred to in subsection (1) shall be one to which sections
4032, 33A and 35 of this Act apply, but otherwise Parts 2 and 3 of this
Act (except sections 37 and 38) shall not apply for the purposes of this
section.”

9 In the italic heading before section 11 of that Act, after “personal injuries or
death” insert “etc”.

Vehicle Technology and Aviation BillPage 65

10 After section 11A of that Act insert—

11B Actions against insurers etc of automated vehicles

(1) None of the time limits given in the preceding provisions of this Act
shall apply to an action for damages under section 2 of the Vehicle
5Technology and Aviation Act 2017 (liability of insurer etc where
accident caused by automated vehicle).

But this subsection does not affect the application of section 5A of
this Act.

(2) An action for damages against an insurer under subsection (1) of
10section 2 of the Vehicle Technology and Aviation Act 2017 (including
an action by an insured person under a contract of insurance in
respect of the insurer’s obligations under that section) shall not be
brought after the expiration of the period of three years from the date
of the accident referred to in that subsection.

(3) 15An action for damages against the owner of a vehicle under
subsection (2) of that section shall not be brought after the expiration
of the period of three years from the date of the accident referred to
in that subsection.

(4) If a person injured in the accident dies before the expiration of the
20period mentioned in subsection (2) or (3) above, the period
applicable as respects the cause of action surviving for the benefit of
the person’s estate by virtue of section 1 of the Law Reform
(Miscellaneous Provisions) Act 1934 shall be three years from the
date of death.”

11 25In section 12 of that Act (special time limit for actions under Fatal Accidents
legislation), in subsection (1), for “or 11A” substitute “, 11A or 11B”.

12 In section 28 of that Act (extension of limitation period in case of disability),
in subsection (6), after “section 11” insert “, 11B”.

13 (1) Section 32 of that Act (postponement of limitation period in case of
30concealment etc) is amended as follows.

(2) In subsection (1), for “and (4A)” substitute “, (4A) and (4B)”.

(3) After subsection (4A) insert—

(4B) Subsection (1) above shall not apply in relation to the time limit
prescribed by section 11B(2) or (3) of this Act or in relation to that
35time limit as applied by virtue of section 12(1) of this Act.”

14 (1) Section 33 of that Act (discretionary exclusion of time limit) is amended as
follows.

(2) In subsection (1), in paragraph (a), for “or 11A” substitute “, 11A, 11B”.

(3) After subsection (1A) insert—

(1B) 40Where the damages claimed are confined to damages for loss of or
damage to any property, the court shall not under this section
disapply any provision in its application to an action under section 2
of the Vehicle Technology and Aviation Act 2017.”

Vehicle Technology and Aviation BillPage 66

(4) In subsections (2) and (4), for “or subsection (4) of section 11A” substitute
“, 11A(4) or 11B(2) or (3)”.

(5) In subsection (3)(b), after “section 11A” insert “, by section 11B”.

(6) In subsection (8), for “or 11A” substitute “, 11A or 11B”.

5Road Traffic Act 1988 (c. 52)1988 (c. 52)

15 In section 143 of the Road Traffic Act 1988 (users of motor vehicles to be
insured or secured against third-party risks), after subsection (1) insert—

(1A) In the application of this Part to automated vehicles—

(a) subsection (1) above has effect with the omission of the words
10“or such a security in respect of third party risks” in
paragraphs (a) and (b);

(b) this Part has effect with the omission of sections 146 and
147(2);

(c) any other references to a security or certificate of security in
15this Act are to be ignored.”

16 In section 144 of that Act (exceptions from requirement of third-party
insurance etc), in subsection (1), after “does not apply to a vehicle” insert
“, other than an automated vehicle,”.

17 (1) Section 145 of that Act (requirements in respect of policies of insurance) is
20amended as follows.

(2) After subsection (3) insert—

(3A) In the case of an automated vehicle, the policy must also provide for
the insurer’s obligations to an insured person under section 2(1) of
the Vehicle Technology and Aviation Act 2017 (liability of insurers
25etc where accident caused by automated vehicle) to be obligations
under the policy.

(3) At the end of subsection (4) insert—

“Paragraph (a) does not apply where the vehicle in question is an
automated vehicle.”

18 30In section 161 of that Act (interpretation), in subsection (1), at the
appropriate place insert—

  • ““automated vehicle” means a means a vehicle listed by the
    Secretary of State under section 1 of the Vehicle Technology
    and Aviation Act 2017,”.

19 35In section 162 of that Act (index to Part 6), at the appropriate place in the
table insert—

“Automated vehicle section 161(1)”.

Part 2 Air traffic services

40Transport Act 2000 (c. 38)2000 (c. 38)

20 (1) Section 7 of the Transport Act 2000 (licences: provisions) is amended as
follows.

(2) Omit subsection (5).

(3) After subsection (6) insert—

(6A) 45A licence condition may include provision for its modification only
if it specifies or describes—

(a) the circumstances in which it may be modified,

(b) the types of modification that may be made, and

(c) the period or periods in which it may be modified.

(6B) 50If a licence condition includes such a provision, it may be modified
in accordance with that provision or in accordance with the
provision made by this Chapter about modifying licence conditions.

(6C) A term of a licence may be modified only in accordance with the
provision made by this Chapter about modifying terms of a licence.”

21 (1) 55Section 10 of that Act (breach of duties or conditions) is amended as follows.

(2) In subsection (1), in paragraph (b), for “condition of a licence” substitute
“licence condition”.

(3) In subsection (2), for paragraph (b) substitute—

(b) the power to give a contravention notice;

(c) 60the power to give an enforcement order or an urgent
enforcement order, a duty to comply with the order and a
power to bring proceedings in respect of the duty;

(d) the power to impose a penalty under paragraph 9 or 10 of
Schedule B1.”

22 65In section 19 of that Act (modification by order under other enactments), in
subsection (1), for “conditions of a licence” substitute “licence conditions”.

23 (1) Section 28 of that Act (power to make air traffic administration order) is
amended as follows.

(2) In subsection (4), for paragraph (b) substitute—

(b) 70no notice of withdrawal or revocation has been given under
paragraph 1(8), 4(2) or 7(2) of Schedule B1 in relation to the
contravention or apprehended contravention, and”.

(3) In subsection (5)—

(a) in paragraph (a), for “a final or provisional order”, substitute “an
75enforcement order or an urgent enforcement order”;

(b) in paragraph (b), for “proceedings under section 23”, substitute “an
appeal under section 19A”.

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(4) For subsection (7) substitute—

(7) In subsections (4) and (5)—

  • “section 8 duty” means a duty imposed on a licence holder by
    section 8;

  • 5“licence condition” means a condition of a licence holder’s
    licence.”

24 In section 30 of that Act (petitions and orders: supplementary), in subsection
(3)(b), for “section 20 above” substitute “Schedule B1 to this Act”.

25 In section 34 of that Act (investigations), in subsection (1), for “condition of
10a licence” substitute “licence condition”.

26 (1) Section 35 of that Act (register) is amended as follows.

(2) In subsection (3), in paragraph (c), for “the conditions of a licence” substitute
“licence conditions”.

(3) In that subsection, for paragraph (g) substitute—

(g) 15the terms of every contravention notice;

(h) the terms of every withdrawal of a contravention notice;

(i) the terms of every enforcement order;

(j) the terms of every urgent enforcement order that has been
confirmed;

(k) 20the terms of every modification or revocation of an
enforcement order or urgent enforcement order.”

27 (1) Section 40 of that Act (interpretation) is amended as follows.

(2) In subsection (1), after paragraph (a) insert—

(aa) air transport service;

(ab) 25the CMA;

(ac) contravention;

(ad) contravention notice;

(ae) enforcement order;”.

(3) In that subsection omit paragraph (b).

(4) 30In that subsection, after paragraph (d) insert—

(da) licence condition;”.

(5) In that subsection, after paragraph (h) insert—

(i) notice;

(j) publication;

(k) 35representation;

(l) term of licence;

(m) urgent enforcement order.”

(6) For subsection (6) substitute—

(6) A licence condition is a provision of a licence which is expressed as a
40condition.

(6A) A term of a licence is a provision of a licence which is not a licence
condition.”

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(7) After subsection (7) insert—

(8) “Air transport service” and “user”, in relation to such services, have
the meaning given in section 69(1) of the Civil Aviation Act 2012 (air
transport services).

(9) 5“The CMA” is the Competition and Markets Authority.

(10) References in this Chapter to a notice are to a notice in writing.

(11) Where a person is required to publish something by this Chapter, the
person must publish it in whatever form and manner the person
considers appropriate for bringing it to the attention of persons likely
10to be affected by it.

(12) A representation includes an objection.

(13) A contravention includes a failure to comply, and related
expressions are to be read accordingly.

(14) A contravention notice is a notice under paragraph 1 of Schedule B1.

(15) 15An enforcement order is an order under paragraph 3 of Schedule B1.

(16) An urgent enforcement order is an order under paragraph 5 of
Schedule B1.”

28 After section 40 of that Act insert—

40A Connected persons

(1) 20For the purposes of this Chapter one person is connected to another
if they are group undertakings in relation to each other.

(2) “Group undertaking” has the same meaning as in the Companies
Acts (see section 1161 of the Companies Act 2006).

(3) The Secretary of State may by regulations make provision about
25when one person is connected with another for the purposes of this
Part, including provision amending or otherwise modifying
subsections (1) and (2).”

29 (1) Section 103 of that Act (order and regulations) is amended as follows.

(2) In subsection (5)—

(a) 30before “51” insert “11, 19A, 40A,”;

(b) after “94” insert “, paragraph 14 of Schedule B1 or paragraph 2 of
Schedule C1”.

(3) In subsection (6), after “51” insert “, and no regulations are to be made under
section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of
35Schedule C1,”.

(4) In subsection (9), after “section 6” insert “or 11”.

Enterprise and Regulatory Reform Act 2013 (c. 24)2013 (c. 24)

30 In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the
Competition and Markets Authority), in paragraph 48(4)(c), after sub-
40paragraph (iib) insert—

(iic) Schedule A1 to the Transport Act 2000;”.

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Part 3 Vehicle testing: amendments relating to section 21

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)1972 (c. 27)

31 In section 2 of the Road Traffic (Foreign Vehicles) Act 1972 (provisions
5supplementary to section 1), in subsection (3B), for “72A” substitute “72(8)”.

32 In section 7 of that Act (interpretation), in subsection (1), for the definition of
“official testing station” substitute—

  • ““official testing station” means—

    (a)

    a station maintained by the Secretary of State for
    10inspections under section 1(6)(a) of this Act, or

    (b)

    premises designated under section 65B of the Road
    Traffic Act 1988 for such inspections.”

Public Passenger Vehicles Act 1981 (c. 14)1981 (c. 14)

33 (1) Section 8 of the Public Passenger Vehicles Act 1981 (powers of, and facilities
15for, inspection of public service vehicles) is amended as follows.

(2) In subsection (3) omit the words after paragraph (c).

(3) After that subsection insert—

(4) Subsection (3)(b) does not apply to inspections that are listed
procedures within the meaning of section 65B of the Road Traffic Act
201988 (power to designate premises for vehicle testing).”

34 In section 82 of that Act (general interpretation provisions), in subsection (1)
omit the definition of “official PSV testing station”.

Road Traffic Act 1988 (c. 52)1988 (c. 52)

35 In section 46 of the Road Traffic Act 1988 (regulations under section 45), in
25subsection (1)(ja), for “section 8(3)(b) of the Public Passenger Vehicles Act
1981” substitute “section 65B of this Act”.

36 In section 51 of that Act (particular aspects of regulations under section 49),
in subsection (1)(ka), for “section 52(2)(b)” substitute “section 65B of this
Act”.

37 30In section 52 (supplementary provisions about tests, etc, of goods vehicles),
in subsection (2)—

(a) at the end of paragraph (a) insert “and”;

(b) omit paragraph (b).

38 In section 61 (regulations for the purposes of sections 54 to 60), in subsection
35(2)(a), for the words after “under section 52, 62 or” substitute “72A of this Act
or designated under section 65B of this Act”.

39 (1) Section 69A (prohibitions conditional on inspection etc) is amended as
follows.

(2) In subsection (1), for “an official PSV testing station within the meaning of
40the Public Passenger Vehicles Act 1981” substitute “an official testing station
specified in the direction”.