Civil Aviation Bill (HL Bill 36)

(b) for “the Secretary of State”, in each place, substitute “the authority”,
and

(c) for “his functions” substitute “functions conferred by or”.

(3) After that subsection insert—

“(1A) 5Each of the following is a relevant authority for the purposes of this
section—

(a) the Secretary of State, and

(b) the CAA.”

(4) In subsections (2) to (4) and (6) for “Secretary of State”, in each place,
10substitute “relevant authority”.

(5) In subsection (4) for “him” substitute “the authority”.

(6) In subsection (6)—

(a) after “person” insert “by a relevant authority”, and

(b) after “varied” insert “by the relevant authority”.

(7) 15Accordingly, in the heading of that section omit “for Secretary of State”.

7 Before section 11A insert—

“Designation of security restricted areas”.

8 (1) Section 11A (designation of security restricted area) is amended as follows.

(2) After subsection (4) insert—

“(4A) 20Before approving an application without modifications the Secretary
of State shall consult the CAA.”

(3) In subsection (5), before paragraph (a) insert—

“(za) the CAA,”.

(4) In subsection (8), before paragraph (a) insert—

“(za) 25the CAA,”.

9 Before section 12 insert—

“Directions”.

10 In section 12(3) (power to impose restrictions in relation to aircraft)—

(a) for “the Civil Aviation Authority” substitute “the CAA”, and

(b) 30for “that Authority” substitute “the CAA”.

11 In section 15(2) (matters which may be included in directions under section
12) for “the Civil Aviation Authority” substitute “the CAA”.

12 (1) After section 17 insert—

“17A Copies of directions etc for CAA

(1) 35The Secretary of State must give the CAA a copy of—

(a) each direction under section 12, 13, 13A or 14, and

(b) each direction varying or revoking such a direction.

(2) The Secretary of State must inform the CAA of each notification
given under section 17.”

(2) The amendment made by sub-paragraph (1) applies only in relation to
directions and notifications given on or after the day on which this
5paragraph comes into force.

13 (1) Section 18A (enforcement notices) is amended as follows.

(2) Omit subsection (3).

(3) After that subsection insert—

“(4) Where a person authorised in writing by the Secretary of State for the
10purposes of this Part of this Act serves an enforcement notice, the
Secretary of State must give the CAA a copy of the notice.

(5) Where a person authorised in writing by the CAA for the purposes
of this Part of this Act serves an enforcement notice, the CAA must
give the Secretary of State a copy of the notice.”

14 (1) 15Section 18D (objections to enforcement notices) is amended as follows.

(2) After subsection (3) insert—

“(3A) On receipt of an objection to an enforcement notice under subsection
(1) the Secretary of State must—

(a) give a copy of the objection to the authorised person who
20served the enforcement notice and the CAA,

(b) consider the objection,

(c) allow the person making the objection and the authorised
person who served the enforcement notice an opportunity to
make written or oral representations to the Secretary of State
25or a person appointed by the Secretary of State,

(d) give a decision notice to the person who made the objection,
and

(e) give a copy of the decision notice to the authorised person
who served the enforcement notice and the CAA.”

(3) 30In subsection (4)—

(a) for the words from the beginning to “on the objector” substitute “In
this section “decision notice” means”, and

(b) in paragraph (b) for “notice under this subsection” substitute
“decision notice”.

(4) 35In subsection (5) for “a notice under subsection (4) above”, in both places,
substitute “a decision notice”.

15 (1) Section 20B (detention directions) is amended as follows.

(2) After subsection (2) insert—

“(2A) Where a person authorised in writing by the Secretary of State for the
40purposes of this Part of this Act gives a detention direction, the
Secretary of State must give the CAA a copy of the direction.

(2B) Where a person authorised in writing by the CAA for the purposes
of this Part of this Act gives a detention direction, the CAA must give
the Secretary of State a copy of the direction.”

(3) In subsection (5)—

(a) before paragraph (a) insert—

“(za) give a copy of the objection to the authorised person
who gave the direction and the CAA,”,

(b) 5omit “and” at the end of paragraph (c),

(c) in paragraph (d) omit “and the authorised person who gave the
direction”, and

(d) after that paragraph insert “, and

(e) give a copy of the notice to the authorised person who
10gave the direction and the CAA.”

16 In section 21 (application of provisions to air navigation installations), in
subsection (7)—

(a) after “in section” insert “14A, 16A,”, and

(b) after “17,” insert “17A,”.

17 (1) 15Section 21G (duty to report certain occurrences) is amended as follows.

(2) In subsection (1) after “to him” insert “or the CAA”.

(3) In subsection (2) after “consult” insert “—

(a) the CAA, and

(b)”.

20Application of Part 3 of Regulatory Enforcement and Sanctions Act 2008 (“the RESA 2008”)

18 The offences under section 11 of the Aviation Security Act 1982 (as amended
by this Schedule) (“the ASA 1982”) in connection with providing, or failing
to provide, information to the Civil Aviation Authority are to be treated for
the purposes of Part 3 of the RESA 2008 (civil sanctions) as contained in Part
252 of the ASA 1982 immediately before the day on which the RESA 2008 was
passed.

Section 82

SCHEDULE 12 Aviation security: further provision about transfer schemes

Transfer

1 (1) 30The property, rights and liabilities that may be transferred by a scheme
under section 82 (a “transfer scheme”) include property, rights and liabilities
that would otherwise be incapable of being transferred.

(2) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property transferred
35by the scheme,

(b) create new rights and liabilities as between the Crown and the Civil
Aviation Authority (“the CAA”), and

(c) apportion property, rights and liabilities between the Crown and the
CAA.

(3) 40A transfer scheme may include consequential, incidental, supplementary,
transitional, transitory and saving provision.

Employment

2 (1) This paragraph has effect where rights, powers, duties and liabilities relating
to an individual’s contract of employment are transferred in accordance
with a transfer scheme.

(2) 5The transfer does not break the continuity of the individual’s employment
and accordingly—

(a) the individual is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (redundancy) as having been
dismissed by virtue of the transfer, and

(b) 10the individual’s period of employment in the civil service of the
Crown counts as a period of employment with the CAA for the
purposes of that Act.

3 (1) This paragraph has effect where—

(a) a transfer scheme contains provision for the transfer of rights,
15powers, duties and liabilities relating to an individual’s contract of
employment, but

(b) before the transfer takes effect, the individual informs the Secretary
of State or the CAA that the individual objects to the transfer.

(2) Those rights, powers, duties and liabilities are not transferred under the
20transfer scheme.

(3) The individual’s contract of employment is terminated immediately before
the day on which the transfer would occur.

(4) The individual is not, for any purpose, to be regarded as having been
dismissed.

(5) 25Nothing in this paragraph affects the individual’s right to terminate the
contract of employment if, apart from the change of employer, a substantial
change is made to the individual’s detriment in the individual’s working
conditions.

4 (1) If a transfer scheme contains provision for the transfer of rights, powers,
30duties and liabilities relating to an individual’s contract of employment, it
may include provision with respect to the individual’s eligibility to become
a member of a pension scheme by virtue of employment with the CAA.

(2) The transfer scheme may include provision with respect to rights of, or
rights or liabilities in respect of, the individual under—

(a) 35a pension scheme of which the individual may become a member by
virtue of employment with the CAA, or

(b) a pension scheme of which the individual is a member by virtue of
employment immediately before the transfer.

(3) In this paragraph “pension scheme” includes a scheme made under section
401 of the Superannuation Act 1972 (superannuation schemes as respects civil
servants etc).

Civil servants treated as employed under a contract of employment etc

5 (1) This Schedule applies with the following modifications in relation to
employment in the civil service of the Crown on terms which do not
45constitute a contract of employment.

(2) Where an individual holds such employment—

(a) the individual is to be treated as employed under a contract of
employment,

(b) the terms of the employment in the civil service of the Crown are to
5be treated as the terms of that contract, and

(c) the reference in paragraph 3 to dismissal is to be treated as a
reference to termination of the employment in the civil service of the
Crown.

Certificate

6 10A certificate issued by the Secretary of State that any property, rights,
powers, duties or liabilities have been transferred to the CAA under a
transfer scheme is conclusive evidence of the transfer.

Validity

7 A transfer under a transfer scheme does not affect the validity of anything
15done by or in relation to the Crown before the transfer takes effect.

Continuity

8 (1) A transfer scheme may provide for things done by or in relation to the
Crown for the purposes of or in connection with anything transferred under
a transfer scheme to be—

(a) 20treated as done by or in relation to the CAA or its members or
employees, or

(b) continued by or in relation to the CAA or its members or employees.

(2) A transfer scheme may, in particular—

(a) make provision about the continuation of legal proceedings, and

(b) 25make provision for references to the Crown in documents to be
treated as references to the CAA.

Section 90

SCHEDULE 13 Appeals against penalties

Appeals against penalties

1 (1) 30A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 86 or 87.

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

(a) a decision to impose the penalty;

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

(c) 35in 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 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) 5The 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) 10that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the notice or penalty;

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

(3) 15It 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
20of which duties are imposed on the CAA by section 4 of the Civil Aviation
Act 1982.

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
25a direction.

(2) An 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) 30the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

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

(b) 35in the case of an appeal from proceedings in Scotland, the Court of
Session.

Section 99

SCHEDULE 14 CAA membership: transitional and saving provision

Commencement day

1 In this Schedule “the commencement day” means the day after the end of the
5period of 2 months beginning with the day on which this Act is passed.

Executive members of CAA

2 (1) This paragraph applies where a person—

(a) is a member of the CAA immediately before the commencement day,
and

(b) 10receives a notice from the Secretary of State before that day—

(i) stating that the person is to be an executive member of the
CAA by virtue of this paragraph, and

(ii) setting out the terms and conditions on which the person is to
be employed by the CAA.

(2) 15The person—

(a) becomes an executive member and employee of the CAA on the
commencement day as if appointed in accordance with section 2 of
the Civil Aviation Act 1982 as amended by section 95 of this Act, and

(b) is employed on the terms and conditions set out in the notice as if
20they had been determined and approved in accordance with
paragraph 8A of Schedule 1 to the Civil Aviation Act 1982 (inserted
by section 97 of this Act).

Chief executive of CAA

3 If the notice given to a person under paragraph 2(1)(b) states that the person
25is to be the chief executive of the CAA, the person becomes the chief
executive of the CAA on the commencement day as if appointed in
accordance with section 2 of the Civil Aviation Act 1982 as amended by
section 95 of this Act.

Non-executive members of CAA

4 (1) 30This paragraph applies where a person—

(a) is a member of the CAA immediately before the commencement day,
and

(b) does not receive a notice under paragraph 2(1)(b) before that day.

(2) The person becomes a non-executive member of the CAA on the
35commencement day as if appointed in accordance with section 2 of the Civil
Aviation Act 1982 as amended by section 95 of this Act.

(3) The instrument appointing the person to the office of member of the CAA
has effect on and after that day as if it were an instrument appointing the
person to the office of non-executive member of the CAA.

Chair of CAA

5 The person who is the chairman of the CAA immediately before the
commencement day becomes the chair of the CAA on that day as if
appointed in accordance with section 2 of the Civil Aviation Act 1982 as
5amended by section 95 of this Act.

Pensions

6 (1) This paragraph applies where, before the commencement day, the CAA has
made provision under paragraph 7 of Schedule 1 to the Civil Aviation Act
1982 for the payment of pensions to or in respect of persons who are or have
10been members of the CAA.

(2) Despite the amendment of that paragraph by section 96 of this Act, the CAA
must continue to make such provision as may be determined by the
Secretary of State for the payment of pensions to or in respect of those
persons.

7 (1) 15This paragraph applies where, before the commencement day, the CAA has
made a determination under sub-paragraph (2) of paragraph 13 of Schedule
1 to the Civil Aviation Act 1982 in respect of the treatment of the service of a
member of the CAA for the purposes of a pension scheme maintained by the
CAA.

(2) 20Despite the repeal of that sub-paragraph by section 96 of this Act, the
member’s service is to continue to be treated in accordance with the
determination for the purposes of the pension scheme.

Nominee under section 66 of Transport Act 2000

8 (1) This paragraph applies where—

(a) 25a nomination of a member of the CAA under section 66 of the
Transport Act 2000 (CAA’s air navigation functions) is in force
immediately before the commencement day, and

(b) the nominated member becomes an executive member of the CAA
by virtue of paragraph 2.

(2) 30The nomination is to be treated on and after that day as having been made
in accordance with section 66 of the Transport Act 2000 as amended by
section 98 of this Act.

Nominee under section 67 of Transport Act 2000

9 (1) This paragraph applies where—

(a) 35a nomination of a member of the CAA under section 67 of the
Transport Act 2000 (national security nominee) is in force
immediately before the commencement day, and

(b) the nominated member becomes a non-executive member of the
CAA by virtue of paragraph 4.

(2) 40The nomination is to be treated on and after that day as having been made
in accordance with section 67 of the Transport Act 2000 as amended by
section 98 of this Act.