Civil Aviation Bill (HL Bill 36)

(a) suspends the effect of the notice until the appeal is decided or
withdrawn, and

(b) extends the period specified in the notice until the appeal is decided
or withdrawn.

(4) 5The making of an appeal under this paragraph against a further notice under
section 48(9) withdrawing a notice revoking a licence—

(a) suspends the effect of the further notice until the appeal is decided or
withdrawn, and

(b) extends the period specified in the notice revoking the licence until
10the appeal is decided or withdrawn.

Notice of appeal

2 (1) An appeal under paragraph 1 must be made by sending a notice of appeal
to the Registrar of the Competition Appeal Tribunal.

(2) The notice must be received by the Registrar before the end of the period of
1530 days beginning with the relevant day.

(3) In the case of an appeal under paragraph 1(1)(a) “the relevant day” means
the later of—

(a) the day on which the CAA publishes the notice under section 48(1)
revoking the licence, and

(b) 20the day on which the CAA publishes a notice extending the period
on which the notice revoking the licence takes effect.

(4) In the case of an appeal under paragraph 1(1)(b) “the relevant day” means
the day on which the CAA publishes the further notice under section 48(9).

(5) Sub-paragraphs (1) and (2) have effect subject to provision in rules made
25under section 15 of the Enterprise Act 2002 (Tribunal rules) after this
Schedule comes into force—

(a) as to the person to whom a notice of an appeal under paragraph 1
must be given;

(b) providing that such a notice must be received within a longer or
30shorter period beginning with the relevant day.

Decisions on appeal

3 (1) 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) 35that 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) confirm or set aside the notice that is the subject of the appeal;

(b) 40give the CAA such directions as 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 have
power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

(5) 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.

Further appeals

4 (1) 5An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 3, including
a direction.

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

(3) 10An appeal may not be brought under this paragraph without the permission
of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

(a) 15in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or

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

Section 55

SCHEDULE 5 20Appeals against penalties: information

Appeals against penalties

1 (1) A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 51 or 52.

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

(a) 25a decision to impose the penalty;

(b) a 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) 30a decision as to the period allowed for payment of the penalty.

(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.

Decisions on appeal

2 (1) 35The 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) 40that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the penalty;

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

(3) 5It may not direct the CAA to do anything that the CAA would not have
power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

(5) When deciding an appeal under paragraph 1 (including giving directions),
the Competition Appeal Tribunal must have regard to the matters in respect
10of which duties are imposed on the CAA by section 1.

Further appeals

3 (1) An appeal lies to the appropriate court on a point of law arising from a
decision of the Competition Appeal Tribunal under paragraph 2, including
a direction.

(2) 15An appeal under this paragraph may be brought by a party to the
proceedings 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) 20the appropriate court.

(4) “The appropriate court” means—

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

(b) in the case of an appeal from proceedings in Scotland, the Court of
25Session.

Section 59

SCHEDULE 6 Restrictions on disclosing information

Prohibition on disclosure

1 (1) This paragraph applies to information if—

(a) 30it was obtained under or by virtue of Chapter 1 of this Part, and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information must not be disclosed—

(a) during the lifetime of the individual, or

(b) while the business continues to be carried on.

(3) 35Sub-paragraph (2) has effect subject to the following provisions of this
Schedule.

Disclosure with consent

2 Paragraph 1(2) does not apply to a disclosure made with the consent of—

(a) the individual, or

(b) the person for the time being carrying on the business.

Disclosure of information already available to public

3 Paragraph 1(2) does not apply to information that has been made available
5to the public by being disclosed—

(a) in circumstances in which disclosure is not precluded by this
Schedule, or

(b) for a purpose for which disclosure is not precluded by this Schedule.

Other permitted disclosures

4 (1) 10Paragraph 1(2) does not apply where information is disclosed—

(a) for the purpose of facilitating the carrying out of functions of a
relevant person under a relevant statutory provision, or

(b) for the purposes of civil proceedings brought under or by virtue of a
relevant statutory provision.

(2) 15These are relevant persons—

• the CAA;

• a Minister of the Crown (within the meaning of the Ministers of the
  Crown Act 1975);

• the Welsh Ministers;

• 20the Scottish Ministers;

• a Northern Ireland Department;

• the Competition Appeal Tribunal;

• the Competition Commission;

• the Office of Fair Trading;

• 25the Gas and Electricity Markets Authority;

• the Northern Ireland Authority for Utility Regulation;

• the Water Services Regulation Authority;

• the Office of Rail Regulation;

• the Coal Authority;

• 30the Office of Communications;

• the Insolvency Practitioners Tribunal;

• a local weights and measures authority in Great Britain;

• a district council in Northern Ireland.

(3) These are relevant statutory provisions—

• 35Part 1 of this Act;

• sections 83 and 84 of this Act;

• Trade Descriptions Act 1968;

• Fair Trading Act 1973;

• Consumer Credit Act 1974;

• 40Estate Agents Act 1979;

• Competition Act 1980;

• Civil Aviation Act 1982;

• Air Navigation Orders made under section 60 of the Civil Aviation Act
  1982;

Civil Aviation BillPage 94

• regulations made under section 75 of the Civil Aviation Act 1982
  (investigation of accidents);

• Airports Act 1986;

• Gas Act 1986;

• 5Insolvency Act 1986;

• Consumer Protection Act 1987;

• Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049S.I. 1987/2049
  (N.I. 20));

• Electricity Act 1989;

• 10Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)S.I. 1989/2405 (N.I. 19));

• Broadcasting Act 1990;

• Property Misdescriptions Act 1991;

• Water Industry Act 1991;

• Water Resources Act 1991;

• 15Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)S.I. 1992/231 (N.I. 1));

• Railways Act 1993;

• Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1));

• Broadcasting Act 1996;

• Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)S.I. 1996/275 (N.I. 2));

• 20Competition Act 1998;

• Part 1 of the Transport Act 2000;

• Enterprise Act 2002;

• Communications Act 2003;

• Water Act 2003;

• 25Railways Act 2005;

• Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/
  3336 (N.I. 21));

• Postal Services Act 2011;

and subordinate legislation made for the purpose of securing compliance
30with relevant EU provisions.

(4) These are relevant EU provisions—

(a) Articles 104 and 105 of the Treaty on the Functioning of the European
Union (competition);

(b) Directive 2005/29/EC of the European Parliament and of the
35Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market;

(c) Directive 2006/114/EC of the European Parliament and of the
Council of 12 December 2006 concerning misleading and
comparative advertising;

(d) 40Directive 2009/12/EC of the European Parliament and of the
Council of 11 March 2009 on airport charges.

5 Paragraph 1(2) does not apply where information is disclosed—

(a) in connection with the investigation of a criminal offence or for the
purposes of criminal proceedings,

(b) 45in pursuance of an EU obligation,

(c) for the purpose of facilitating the performance of a function of the
European Commission in respect of European Union law about
competition,

(d) for the purpose of enabling or assisting the Secretary of State or the
Treasury to exercise powers conferred by or under the Financial
Services and Markets Act 2000 or by or under the enactments relating
to companies, insurance companies or insolvency,

(e) 5for the purpose of enabling or assisting an inspector appointed under
the enactments relating to companies to carry out functions under
those enactments,

(f) for the purpose of enabling or assisting an official receiver to carry
out functions under the enactments relating to insolvency,

(g) 10for the purpose of enabling or assisting a recognised professional
body for the purposes of section 391 of the Insolvency Act 1986 or
Article 350 of the Insolvency (Northern Ireland) Order 1989 (S.I.
1989/2405 (N.I. 19)) to carry out its functions,

(h) for the purpose of facilitating the carrying out by the Health and
15Safety Executive of its functions under an enactment,

(i) for the purpose of facilitating the carrying out by an enforcing
authority (within the meaning of Part 1 of the Health and Safety at
Work etc Act 1974) of functions under a relevant statutory provision
(within the meaning of that Act), or

(j) 20for the purpose of facilitating the carrying out by the Comptroller
and Auditor General of functions under any enactment.

6 The Secretary of State may by regulations amend paragraph 4 or 5.

Offence

7 A person who discloses information in contravention of paragraph 1(2) is
25guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum, or

(b) on conviction on indictment, to imprisonment for not more than 2
years or to a fine (or both).

30Criminal liability of officers of bodies corporate etc

8 (1) Sub-paragraph (2) applies if an offence under this Schedule committed by a
body corporate—

(a) is committed with the consent or connivance of a director, manager,
secretary or other similar officer of the body corporate or a person
35who was purporting to act in such a capacity, or

(b) is attributable to neglect on the part of such a person.

(2) That person, as well as the body corporate, commits the offence.

(3) In sub-paragraph (1) “director”, in relation to a body corporate whose affairs
are managed by its members, means a member of the body.

Section 72

40SCHEDULE 7 Index of defined expressions

This Table lists expressions defined in Part 1 of this Act.

Section 76

SCHEDULE 8 Status of airport operators as statutory undertakers etc

10Part 1 Great Britain

Airports Act 1986 (c. 31)Airports Act 1986 (c. 31)

1 Part 5 of the Airports Act 1986 (status of certain airport operators as
statutory undertakers etc) is amended as follows.

2 15For section 57 (scope of Part 5: status of certain airport operators as statutory
undertakers etc) substitute—

“57A Scope of Part 5

(1) In this Part “relevant airport operator” means the airport operator in
the case of an airport to which this Part applies.

(2) 20This Part applies to any airport in respect of which a certificate has
been granted under this section (and has not been withdrawn).

(3) The CAA must grant a certificate under this section in respect of an
airport if, but only if—

(a) the airport operator applies for a certificate (and has not
25withdrawn the application),

(b) the airport operator pays the charge (if any) specified in a
scheme or regulations made under section 11 of the 1982 Act,
and

(c) the CAA considers that, at the time, the airport is an eligible
30airport.

(4) An airport is an eligible airport if—

(a) the annual turnover of the business carried on at the airport
by the airport operator exceeded £1 million in at least two of
the last three financial years ending before the application for
35the certificate is made, and

(b) the airport is not excluded by virtue of subsection (5).

(5) The excluded airports are—

(a) an airport owned by a principal council or jointly owned by
two or more principal councils;

(b) an airport owned by an Integrated Transport Authority in
England or jointly owned by such an Authority and one or
5more principal councils;

(c) an airport owned by a metropolitan county passenger
transport authority in Scotland or jointly owned by such an
authority and one or more principal councils.

(6) The appropriate Minister may withdraw a certificate granted under
10this section in respect of an airport if the appropriate Minister
considers that, at the time, the annual turnover of the business
carried on at the airport by the airport operator in each of the last two
financial years did not exceed the sum for the time being specified in
subsection (4)(a).

(7) 15Before withdrawing a certificate in respect of an airport, the
appropriate Minister must consult—

(a) the CAA, and

(b) the airport operator.

(8) The withdrawal of a certificate does not affect any rights or liabilities
20accruing by virtue of this Part before it is withdrawn.

(9) In this section—

• “annual turnover”, in relation to the business carried on at an
  airport by the airport operator, means the aggregate of all
  sums received in the course of the business during a financial
  25year, as stated or otherwise shown in the accounts of the
  business, including grants from any public or local authority
  but excluding—

  (a)

  capital receipts, and

  (b)

  loans made by any person;

• 30“the appropriate Minister” means—

  (a)

  in relation to an airport in England or Wales, the
  Secretary of State, and

  (b)

  in relation to an airport in Scotland, the Scottish
  Ministers;

• 35“financial year” means a period of 12 months ending with 31
  March;

• “local authority” and “principal council” have the same
  meaning as in Part 2.

(10) Where the person who is for the time being the airport operator in
40relation to an airport has not had its management for the whole or
any part of a period relevant for the purposes of this section,
references in this section to the business carried on at the airport by
the airport operator include a reference to the business carried on
there by any other person who was the airport operator in relation to
45the airport for the whole or any part of that period.

(11) The Secretary of State may by order substitute a greater sum for the
sum specified in subsection (4)(a).

(12) An order under subsection (11) does not affect the validity of a
certificate granted under this section before the order comes into
force.”

Consequential repeal

3 5In Schedule 4 to the Local Transport Act 2008, omit paragraph 54(3).

Power to make provision in relation to operators of airport areas

4 (1) The Secretary of State may by regulations make provision about the
operation of section 57A of the Airports Act 1986 in cases in which two or
more persons are operators of different areas that form part of the same
10airport.

(2) Regulations under this paragraph may modify—

(a) section 57A of the Airports Act 1986, and

(b) any provision of an Act (including the Airports Act 1986), or of an
instrument made under an Act, which refers to or otherwise operates
15by reference to a relevant airport operator or an airport to which Part
5 of the Airports Act 1986 applies.

(3) In this paragraph—

• “Act” includes an Act or Measure of the National Assembly for Wales
  and an Act of the Scottish Parliament;

• 20“airport” has the same meaning as in the Airports Act 1986;

• “modify” includes amend, repeal or revoke;

• “operator”, in relation to an area that forms part of an airport, means
  the person who is the operator of the area for the purposes of this
  Part of this Act;

• 25“relevant airport operator” has the same meaning as in Part 5 of the
  Airports Act 1986.

Part 2 Northern Ireland

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1))

5 30The Airports (Northern Ireland) Order 1994 is amended as follows.

6 In Article 2(2) (interpretation), for the definition of “regulated airport”
substitute—

• ““regulated airport” has the meaning given in Article 2A;”.

7 In Part 2 (powers in relation to land exercisable in connection with airports),
35before Article 3 insert—

“Regulated airports

2A (1) In this Order “regulated airport” means an airport in respect of
which a certificate has been granted under this Article (and has not
been withdrawn).