Civil Aviation Bill

Page 6, line 42, at end insert—

“( ) The CAA must, at such intervals as it considers appropriate, review market power determinations made on the basis of an earlier analysis.”

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.

Page 9, line 16, leave out “or an operator determination”

Page 9, line 32, leave out subsection (6)

Page 66, line 13, leave out sub-paragraph (3)

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.”

Page 67, line 35, at end insert—

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

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).”

Page 13, line 13, at end insert—

“( ) A licence must include an obligation on licence holders to procure and publish annual surveys of passenger satisfaction, including but not limited to—

(a) baggage handling services, and

(b) arrangements for delays to affected air passengers.”

Page 13, line 13, at end insert—

“( ) A licence must include provisions requiring the holder of a licence to develop passenger welfare plans.”

Page 13, line 13, at end insert—

“( ) A licence must include provisions requiring the holder of a licence to provide support for stranded passengers at airports.”

Page 14, line 31, at end insert—

“( ) provisions requiring the holder of a licence to prevent users of air transport services buying preferential access to check-in and security processes on an outbound journey and immigration control and baggage reclaim processes on an inbound journey.”

Page 17, line 10, at beginning insert “except in relation to a relevant financial arrangements condition,”

Page 17, line 19, at end insert—

“( ) that the appeal does not demonstrably show that it is in the interests of users of air transport services”

Page 17, line 19, at end insert—

“(5A) In this section “relevant financial arrangements condition” means a condition that is subject to an exception, however expressed, relating to, or operating by reference to—

(a) financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, or

(b) financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time;

or both.”

Page 17, line 25, at beginning insert “except in relation to a relevant financial arrangements condition,”

Page 17, line 35, at end insert—

“( ) that the appeal does not demonstrably show that it is in the interests of users of air transport services”

Page 18, line 3, at end insert—

“(8) In this section “relevant financial arrangements condition” means a condition that is subject to an exception, however expressed, relating to, or operating by reference to—

(a) financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, or

(b) financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time;

or both.”

Page 18, line 10, leave out paragraph (c) and insert—

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

Page 20, line 26, leave out “within a reasonable time” and insert “within the period of 24 weeks beginning with the day on which the Competition Commission published the relevant order”

Page 20, line 29, leave out subsection (2)

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”

Page 80, line 41, after “matter” insert “, information or evidence”

Page 87, line 38, leave out sub-paragraph (3)

Page 88, line 18, leave out sub-paragraph (3)

Page 88, line 36, leave out sub-paragraph (3)

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.”

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.”

Page 90, line 3, leave out sub-paragraph (3)

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.”

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.”

Page 91, line 34, leave out sub-paragraph (3)

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.”

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.”

Insert the following new Clause—

“Directions to airport operators in the interests of national air infrastructure

(1) The CAA may give to any airport operator a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the CAA considers it necessary to give such a direction in the interests of modifying competition to ensure sufficient national air infrastructure between hub and regional airports.

(2) The Airports Act 1986 is amended as follows.

(3) In section 34 (matters to be taken into account by CAA), after subsection (3)(a) insert—

“(aa) the need to ensure adequate services between hub and regional airports;”.

(4) In section 82 (general interpretation), after the definition of “functions” insert—

““hub airport” means an airport used as a transfer point for passengers from one flight to another in order to complete a route”.”

Page 99, line 2, at end insert—

“(11A) An order under this Part is to be made by statutory instrument.

(11B) A statutory instrument containing an order under subsection (11) must not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(11C) Subsection (11B) does not apply where an order made under subsection (11) substitutes a greater sum for the sum specified in subsection (4)(a) to take into account an increase in the general level of prices, in which case it is subject to annulment in pursuance of a resolution of either House of Parliament.”

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)”

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”.”

Page 107, line 44, leave out sub-paragraph (1)

Page 108, line 1, after “power” insert “under section 107”

Page 50, line 4, at end insert—

“( ) The CAA may also provide advice and assistance to such persons in connection with security checks performed on users of civil air services who have religious clothing requirements in order that their dignity be maintained without compromising the rigour of those security checks.”

Page 51, line 10, at end insert—

“(b) the individual employed in the civil service of the Crown, and

(c) representatives of individuals employed as defined in paragraph (b)”

Page 51, line 10, at end insert—

“( ) Before making a scheme under this section the Secretary of State must review the impact of such transfers on the security functions of the CAA.”

Insert the following new Clause—

“Risk-based aviation security regime

(1) The Secretary of State may direct the operators of airport areas to implement an outcomes-focused, risk-based aviation security regime to govern the exercise of their functions in relation to aviation security.

(2) When making directions under this section, the Secretary of State must by order set out the framework for the introduction of the outcomes-focused, risk-based aviation security regime.

(3) An order under this section must be approved by a resolution of each House of Parliament.”

Page 51, line 22, at end insert—

“( ) greenhouse gas emissions resulting from both domestic flights and flights to European Union Member States, with greenhouse gas emissions for an equivalent journey via rail or coach.”

Page 51, line 22, at end insert—

“( ) the full cost of travel for users of air transport services, including all relevant surcharges such users would be expected to pay.”

Page 51, line 22, at end insert—

“( ) delays experienced at civil airports on a monthly basis, including but not limited to baggage handling services, border control and security checks.”

Insert the following new Clause—

“Provision of information about aviation

(1) The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate for the purposes of assisting users of general and business aviation services to compare—

(a) airport operation services and facilities provided for general and business aviation at a civil airport in the United Kingdom;

(b) services and facilities provided elsewhere in the United Kingdom and used, or likely to be used, in connection with general and business aviation.

(2) The CAA must publish guidance and advice with a view to improving the standard of such services for general and business aviation users of airport operation services and facilities.

(3) The CAA must take such steps as it considers practicable to keep under review the information, guidance and other advice that is published under this section by the CAA or other persons.

(4) For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.

(5) In this section “user”, in relation to a service provided for general and business aviation, includes flight training providers, air taxi services, air ambulances, private pilots and passengers and operators of general and business aviation aircraft.

(6) In this section references to users of a general and business aviation service or facility include potential users of such services and facilities.”

Insert the following new Clause—

“Access for disabled and reduced mobility air passengers

The Secretary of State and the CAA will produce an annual report on disabled and reduced mobility air transport passenger experiences of airport operation services and air transport services which must include evidence on the extent to which airport operations and air transport services are compliant with relevant legislation, regulations and codes of practice for the time being in force.”

Page 52, line 11, at end insert—

“( ) greenhouse gas emissions resulting from the use of international air transport services from a civil airport and domestic air transport services to or from a civil airport.”

Page 115, line 5, leave out sub-paragraph (3)

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.”

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.”

Page 59, line 32, leave out paragraph (b)

Page 59, line 34, leave out paragraph (a)

Page 60, line 1, leave out paragraph (b)

Insert the following new Clause—

“Accounts and audit

(1) Section 15 of the Civil Aviation Act 1982 (accounts and audit) is amended as follows—

(a) in subsection (1), for paragraph (c) substitute—

“(c) to send copies of the statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of the November following the accounting year to which the statement relates.”;

(b) in subsection (2), for paragraph (a) substitute—

“(a) the National Audit Office shall examine, certify and report on each statement of accounts received under subsection (1) and shall lay copies of the statement of accounts and of its report thereon before each House of Parliament.”

(2) In the National Audit Act 1983, Schedule 4 (Nationalised Industries and Other Public Authorities) Part 1, leave out “Civil Aviation Authority.””

Insert the following new Clause—

“CAA general financial duties

In section 8 of the Civil Aviation Act 1982 (general financial duties) after subsection (4) insert—

“(5) It shall be the duty of the CAA to conduct its affairs in such a manner as to fulfil a general duty of efficiency in the use of its financial resources.””

Insert the following new Clause—

“General environmental duty

In carrying out its functions, the CAA must, where possible and appropriate, have regard for the effect on the environment and on local communities of activities connected with the provision of airport operation services and air transport services.”

Insert the following new Clause—

“Duty to promote innovation

In carrying out its functions, the CAA must, where possible and appropriate, have regard to the need to promote innovation in the civil aviation industry.”

Page 62, line 8, leave out “, 61”

Lord Trefgarne gives notice of his intention to oppose the Question that Clause 104 stand part of the Bill.

Insert the following new Clause—

“Public interest disclosure

(1) The Civil Aviation Act 1982 is amended as follows.

(2) After paragraph (ha) of section 60(3) (functions with respect to health) insert—

“( ) for ensuring that all airline pilots and crew are aware of and are protected by the terms of the Public Interest Disclosure Act 1998.””

Insert the following new Clause—

“Health and safety

(1) The Civil Aviation Act 1982 is amended as follows.

(2) For paragraph (ha) of section 60(3) (functions with respect to health) substitute—

“( ) for enforcement of the Health and Safety at Work Act 1974 (as amended), the Control of Substances Hazardous to Health Regulations 2002 (as amended), European Directive 2003/42/EC, Section 6 of the Civil Aviation (Working Time) Regulations 2004 (as amended), Commission Regulation (EC) No 859/2008, EASA CS25(25.831) and CS25.1309 and Regulation EC216/2008.””

Insert the following new Clause—

“Automatic direction finding equipment

In paragraph 4 of Schedule 5 to the Air Navigation Order 2009, paragraph (a) of Scale F is repealed.”

Page 64, line 30, at end insert—

“( ) An order under subsection (1) to bring section (Directions to airport operators in the interests of national air infrastructure) into force may not be made while the provisions of that section would be in breach of European Union regulations.”

Page 64, line 30, at end insert—

“( ) An order under section (Risk-based aviation security regime) must set a commencement date which is later than the date of the satisfactory introduction of an outcomes-focused, risk-based aviation security regime.”