Civil Aviation Bill

THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED IN
GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 18th June 2012, as follows—

Clauses 80 to 82
Schedule 12
Clauses 83 to 91
Schedule 13
Clauses 92 to 99
Schedule 14
Clauses 100 to 112

[Amendments marked * are new or have been altered]

Clause 80

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

51

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.”

Clause 82

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

52

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)”

53

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.”

After Clause 82

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

54

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.”

Clause 83

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

55

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.”

56

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.”

57

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.”

After Clause 83

LORD ROTHERWICK

58

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.”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

59

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.”

Clause 84

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

60

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.”

Schedule 13

EARL ATTLEE

61

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

62

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.”

63

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.”

Clause 94

EARL ATTLEE

63A*

Page 57, line 20, at end insert—

“(d) that a person (“P”) acting in the course of a business carried on by P does not in the United Kingdom facilitate the making available of flight accommodation by another person in circumstances in which one or more prescribed arrangements relating to payment apply, unless P meets the condition in subsection (1A).”

63B*

Page 57, line 33, at end insert—

“(1D) The arrangements relating to payment that may be prescribed under subsection (1)(d) are any arrangements under which P makes or receives payment, or facilitates the making or receipt of payment by another person, in connection with the making available of the flight accommodation.””

63C*

Page 57, line 35, leave out paragraph (a) and insert—

“(a) in paragraph (b), for the words from “the minimum charges” to the end substitute “goods, services and other benefits which are or are not to be provided by any person in prescribed circumstances;”, and”

63D*

Page 57, line 43, leave out “to be provided in prescribed circumstances” and insert “which are or are not to be provided by any person in prescribed circumstances”

Clause 96

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

64

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

65

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

66

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

Before Clause 100

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

67

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.””

68

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.””

69

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.”

69A

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.”

Clause 102

LORD ROTHERWICK

70

Page 62, line 8, leave out “, 61”

Clause 104

LORD TREFGARNE

 

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

Clause 105

LORD TREFGARNE

 

Lord Trefgarne gives notice of his intention to oppose the Question that Clause 105 stand part of the Bill.

After Clause 105

THE COUNTESS OF MAR

LORD WIGLEY

71

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.””

72

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.””

After Clause 106

LORD ROTHERWICK

73

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.”

Clause 109

LORD EMPEY

74

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.”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

75

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.”

Prepared 3rd July 2012