Civil Aviation Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 24th October 2012, as follows—

Clauses 1 to 13
Schedule 1
Clauses 14 to 30
Schedule 2
Clauses 31 to 47
Schedule 3
Clauses 48 and 49
Schedule 4
Clauses 50 to 55
Schedule 5
Clauses 56 to 59
Schedule 6
Clauses 60 to 72
Schedule 7
Clauses 73 to 76
Schedules 8 to 10
Clauses 77 and 78
Schedule 11
Clauses 79 to 82
Schedule 12
Clauses 83 to 90
Schedule 13
Clauses 91 to 99
Schedule 14
Clauses 100 to 112

[Amendments marked * are new or have been altered]

Clause 1

EARL ATTLEE

LORD BRADSHAW

1

Page 2, line 13, at end insert—

“(ca) the desirability of each holder of a licence under this Chapter being able to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport (“associated facilities”) and aircraft using that airport,”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

[As an amendment to Amendment 1]

2*

Line 2, leave out “desirability of each holder of a licence under this Chapter being” and insert “need to secure that each holder of a licence under this Chapter is”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

3*

Page 2, line 17, at end insert—

“( ) the need to work with NATS, the Secretary of State, the Committee on Climate Change and air transport service providers towards meeting the United Kingdom’s greenhouse gas emission reduction obligations as set out in the UK’s Carbon Budget, including the UK’s share of international aviation emissions,”

EARL ATTLEE

LORD BRADSHAW

4

Page 2, line 30, at end insert—

“(5A) For the purposes of subsection (3)(ca) the environmental effects of the airport, associated facilities and aircraft include—

(a) substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,

(b) visual or other disturbance to the public,

(c) effects from works carried out at the airport or the associated facilities or to extend the airport or the associated facilities, and

(d) effects from services provided at the airport or the associated facilities.”

After Clause 1

LORD STEPHEN

5

Insert the following new Clause—

“CAA’s economic duty

(1) The CAA, in carrying out its functions, must have regard to the economic and social impact of services, provided by airport operators and users of airport facilities, on the UK as a whole.

(2) In performing its functions under subsection (1) the CAA must evaluate any changes to regulations governing airport operators and prepare a report for the Secretary of State.”

Clause 2

LORD ROTHERWICK

6

Page 2, line 37, after “air transport services” insert “and airport operation services”

EARL ATTLEE

LORD BRADSHAW

7

Page 3, line 10, after “relates,” insert—

“(ca) the desirability of each holder of a licence under this Chapter being able to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport (“associated facilities”) and aircraft using that airport,”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

[As an amendment to Amendment 7]

8*

Line 2, leave out “desirability of each holder of a licence under this Chapter being” and insert “need to secure that each holder of a licence under this Chapter is”

EARL ATTLEE

LORD BRADSHAW

9

Page 3, line 24, at end insert—

“( ) For the purposes of subsection (4)(ca) the environmental effects of the airport, associated facilities and aircraft include the effects mentioned in section 1(5A).”

LORD ROTHERWICK

10

Page 3, line 24, at end insert—

“(7) If, in a particular case, the Secretary of State considers that there is a conflict between the interests of different classes of user of airport operation service, the duty under subsection (1) is to carry out those functions in a manner which the Secretary of State considers will further such of those interests as the Secretary of State thinks best.”

After Clause 2

LORD ROTHERWICK

11

Insert the following new Clause—

“Statement of Policy

(1) The Secretary of State must prepare and publish a statement of policy with respect to carrying out his functions under section 2.

(2) The Secretary of State may revise a statement of policy, and if he does so, must publish the revised statement.

(3) When preparing or revising a statement of policy, the Secretary of State must consult such persons as he considers appropriate.”

Clause 9

EARL ATTLEE

12

Page 8, line 19, after “to” insert “operator”

Clause 12

EARL ATTLEE

13

Page 10, line 7, at end insert “, and

(b) a previous market power determination which would otherwise cease to have effect by virtue of section 7(9) or (10) continues to have effect until those circumstances arise.”

Schedule 1

EARL ATTLEE

14

Page 67, line 36, at end insert—

“Effect of suspending or setting aside market power determination

3A (1) This paragraph applies where—

(a) the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),

(b) the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,

(c) determination A ceases to have effect in respect of all or part of area Z by virtue of section 7(9) or (10), and

(d) there is subsequently an appeal under this Schedule against determination B.

(2) If the effect of determination B is suspended under paragraph 1(3), determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(3) If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(4) If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.

(5) If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.

(6) Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.

(7) Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.

Appeals to Competition Appeal Tribunal: supplementary

3B ”

15

Page 67, line 37, at end insert “, making an order under paragraph 1 or 3A”

16

Page 68, line 3, after “3” insert “or 3A(3) or (4)”

Clause 18

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

17*

Page 13, line 28, 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.”

18*

Page 13, line 28, at end insert—

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

19*

Page 13, line 28, at end insert—

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

Clause 22

EARL ATTLEE

20*

Page 16, line 25, after “paragraphs” insert “6A,”

Schedule 2

EARL ATTLEE

21

Page 72, line 36, at end insert—

“6A (1) Sub-paragraph (2) applies where—

(a) the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition,

(b) an application is made for permission to appeal under section 25 against the decision, and

(c) the condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 22 (“the 10 week period”).

(2) The relevant financial arrangements condition does not have effect during the 10 week period.

(3) Sub-paragraph (4) applies where—

(a) the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition, and

(b) the Competition Commission grants permission to appeal against the decision.

(4) The relevant financial arrangements condition does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).

(5) In this paragraph, “relevant financial arrangements condition” has the same meaning as in paragraph 6.”

Clause 66

EARL ATTLEE

22

Page 40, line 12, leave out “, including the supply of fuel”

LORD ROTHERWICK

23

Page 40, line 15, at end insert—

“( ) the arrival or departure of pilots and persons to be carried as passengers in general and business aviation aircraft, together with their baggage”.

Clause 67

EARL ATTLEE

24

Page 41, line 27, at end insert—

“(8) For the purposes of sections 5(4) and 66(1) the servicing of aircraft between landing and take-off at the aerodrome includes—

(a) the supply of fuel, and

(b) the repair, maintenance and overhaul of aircraft that land at the aerodrome.”

Clause 68

EARL ATTLEE

25

Page 41, line 32, leave out “, including the supply of fuel”

LORD ROTHERWICK

26

Page 41, line 34, at end insert—

“( ) the arrival or departure of pilots and persons to be carried as passengers in general and business aviation aircraft, together with their baggage”.

EARL ATTLEE

27

Page 41, line 39, leave out “and (7)” and insert “to (8)”

LORD ROTHERWICK

28

Page 42, line 16, at end insert—

“( ) “user”, in relation to an airport operation 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.

( ) In this section references to users of an airport operation service provided for general and business aviation includes potential users of such services and facilities.”

Schedule 7

LORD ROTHERWICK

29

Page 97, line 6, at end insert—

“user (in relation to airport operational service) Section 68”

Schedule 8

EARL ATTLEE

30

Page 97, line 13, leave out “Part 5 of”

31

Page 97, line 13, leave out from “1986” to “is” in line 14

32

Page 99, line 3, at end insert—

“2A (1) Section 79 (orders and regulations) is amended as follows.

(2) In subsection (2), at the end insert “, unless it is an instrument described in subsection (4A)”.

(3) After subsection (4) insert—

“(4A) A statutory instrument that contains (whether alone or with other provision) an order under section 57A(11) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””

33

Page 101, line 3, at end insert—

“7A (1) Article 70 (regulations and orders) is amended as follows.

(2) In paragraph (2), after “Schedule 7” insert “and orders described in paragraph (2A)”.

(3) After paragraph (2) insert—

“(2A) An order under Article 2A(9) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.””

34

Page 101, line 4, leave out “and 7” and insert “to 7A”

Schedule 10

EARL ATTLEE

35

Page 105, line 26, after “determination” insert “on that day”

36

Page 106, line 19, leave out “such”

37

Page 106, line 38, leave out from “if” to “, and” in line 39 and insert “the CAA makes, and publishes a notice of, a determination that the market power test is not met in relation to the designated airport (subject to sub-paragraph (3A))”

38

Page 106, line 40, at end insert—

“(3A) During the interim period, such an order must not be revoked—

(a) during the period in which a person may appeal to the Competition Appeal Tribunal against the determination,

(b) at a time when the effect of the determination is suspended or the Secretary of State or the Department of the Environment in Northern Ireland considers that it may be suspended, or

(c) if all or part of the determination has been set aside or quashed.”

39

Page 107, line 14, at end insert—

“(1A) In this paragraph “the main operator’s airport area” means the whole of the area at the 2012 Act airport in respect of which the operator (as defined in this Act) on the commencement day is the person who was the operator (as defined in the 1986 Act or the 1994 Order) of the predecessor airport immediately before the commencement day.”

40

Page 107, line 15, leave out “, if the predecessor airport is a designated airport”

41

Page 107, line 16, leave out from “airport” to “, and” in line 17 and insert “is to the predecessor airport”

42

Page 107, line 18, after first “to” insert “the airport area consisting of”

43

Page 107, line 18, leave out “the whole of the 2012 Act airport” and insert “the main operator’s airport area”

44

Page 107, line 20, leave out “, if the predecessor airport is a designated airport”

45

Page 107, line 21, leave out from “airport” to end of line 22 and insert “is to the predecessor airport”

46

Page 107, line 24, leave out from beginning to “, and” and insert “is to services provided in the main operator’s airport area”

47

Page 107, line 25, leave out from first “to” to end of line 27 and insert “the airport is to the predecessor airport”

48

Page 107, line 30, leave out “the 2012 Act airport” and insert “the main operator’s airport area”

49

Page 107, line 34, leave out from first “of” to end and insert “the main operator’s airport area”

50

Page 107, line 35, leave out sub-paragraph (6) and insert—

“(6) In paragraph 5(3), the reference to a determination that the market power test is not met in relation to the designated airport includes a determination that it is not met in relation to an airport area that includes the whole of the predecessor airport.”

51

Page 107, leave out line 42 and insert “the main operator’s airport area”

Clause 80

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

52*

Page 50, line 11, 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

53*

Page 51, line 15, at end insert—

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

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

54*

Page 51, line 15, 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

55*

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

56*

Page 51, line 27, 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 27, 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 DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

58*

Insert the following new Clause—

“Access for disabled and reduced mobility air passengers

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 96

EARL ATTLEE

59

Page 59, line 38, at end insert—

“( ) is a person in respect of whom a debt relief order has been made under Part 7A of the Insolvency Act 1986,”

Before Clause 100

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

60*

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.”

61*

Insert the following new Clause—

“Accounts and audits

(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 Part 1 of Schedule 4 to the National Audit Act 1983, (nationalised industries and other public authorities), leave out “Civil Aviation Authority”.”

After Clause 101

EARL ATTLEE

62

Insert the following new Clause—

“CAA efficiency

(1) Section 21 of the Civil Aviation Act 1982 (annual report) is amended as follows.

(2) In subsection (2), after paragraph (d) insert—

“(e) shall contain a statement by the CAA about efficiency in the performance of its functions (an “efficiency statement”);

(f) shall contain the auditors’ assessment mentioned in subsection (2B).”

(3) After subsection (2) insert—

“(2A) The Secretary of State may from time to time give directions about matters that must be covered in an efficiency statement, including matters relating to the plans or the past or present activities of the CAA.

(2B) The auditors appointed under section 15(2) in respect of an accounting year must produce an assessment of the efficiency statement for that year.””

Clause 102

LORD ROTHERWICK

63

Page 62, line 19, leave out “61”.

64

Page 62, line 19, at end insert—

“(4) The CAA must prepare and publish a statement of its policy with respect to the use of its powers under the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) and in particular the method of determining and recovering the costs of enforcement.

(5) The CAA may revise the statement of policy prepared under subsection 4 and, if it does so, must publish the revised statement.

(6) When preparing or revising a statement of policy under subsection 4 the CAA must consult such persons as it considers appropriate.”

Clause 109

EARL ATTLEE

65

Page 64, line 38, leave out “This Part comes” and insert “The following provisions come”

66

Page 64, line 38, at end insert “—

(a) paragraphs 1 and 7 of Schedule 10 and section 76(5) so far as it relates to those paragraphs, and

(b) this Part.”

LORD DAVIES OF OLDHAM

LORD ROSSER

BARONESS WORTHINGTON

67*

Page 64, line 38, 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 6th November 2012