Civil Aviation Bill (HL Bill 36)

(2) The regulations may make consequential, incidental or supplementary
provision amending this Chapter.

CHAPTER 3 General provision

Interpretation

66 5Airports

(1) In this Part “airport” means an aerodrome within the meaning of the Civil
Aviation Act 1982 together with other land, buildings and structures used for
the purposes of—

(a) the landing and taking off of aircraft at the aerodrome,

(b) 10the manoeuvring, parking or servicing of aircraft between landing and
take-off at the aerodrome, including the supply of fuel,

(c) the arrival or departure of persons carried or to be carried as passengers
by air transport services operating to or from the aerodrome, together
with their baggage,

(d) 15the arrival or departure of cargo carried or to be carried by such
services,

(e) the processing of such persons, baggage and cargo between their
arrival and departure, and

(f) the arrival or departure of persons who work at the airport.

(2) 20Section 67 makes further provision about what is and is not included in an
airport for the purposes of this Part.

(3) The Secretary of State may by regulations provide that, for the purposes of this
Part, land, buildings and other structures specified in the regulations, or of a
description specified in the regulations, are or are not—

(a) 25part of an airport, or

(b) part of the core area of an airport.

(4) The regulations may, in particular—

(a) modify subsection (1)(a) to (f) and section 67, and

(b) modify the definition of the core area of an airport in section 5.

(5) 30In this section “modify” includes amend or repeal.

67 Airports: supplementary

(1) An airport includes, in particular—

(a) a passenger terminal,

(b) the forecourt of a passenger terminal,

(c) 35a qualifying car park,

(d) a cargo processing area,

(e) land, buildings and other structures used for air traffic services, and

(f) land, buildings and other structures used for the purposes of
transferring passengers, baggage or cargo—

(i) between passenger terminals or cargo processing areas that
form part of the airport, or

(ii) between such terminals or areas and aircraft using the airport,

subject to the following provisions of this section.

(2) 5The forecourt of a passenger terminal includes an area that—

(a) is used by road vehicles to pick up or drop off passengers using the
terminal, and

(b) has pedestrian access to the terminal,

other than a car park, bus station, tram station or railway station.

(3) 10A car park is a qualifying car park if—

(a) it is part of a passenger terminal that forms part of the airport, or

(b) it has pedestrian access to such a terminal.

(4) An airport does not include a hotel, unless it is situated in a passenger terminal
that forms part of the airport.

(5) 15An airport does not include a bus station, tram station or railway station.

(6) For the purposes of section 66(1) when a person arrives at, or departs from, an
airport other than in an aircraft the person’s arrival or departure takes place on
arrival at or departure from—

(a) a passenger terminal that is part of the airport,

(b) 20the forecourt of such a terminal, or

(c) a qualifying car park that is part of the airport.

(7) For the purposes of section 66(1)—

(a) when cargo arrives at an airport other than in an aircraft its arrival takes
place when it is first unloaded from the vehicle in which it arrives, and

(b) 25when cargo departs from an airport other than in an aircraft its
departure takes place when it is loaded on to the vehicle in which it is
to depart.

68 Airport operation services

(1) In this Part “airport operation services” means services provided at an airport
30for the purposes of—

(a) the landing and taking off of aircraft,

(b) the manoeuvring, parking or servicing of aircraft, including the supply
of fuel,

(c) the arrival or departure of passengers and their baggage,

(d) 35the arrival or departure of cargo,

(e) the processing of passengers, baggage or cargo between their arrival
and departure, or

(f) the arrival or departure of persons who work at the airport.

(2) Section 67(6) and (7) apply for the purposes of subsection (1) as they apply for
40the purposes of section 66(1).

(3) “Airport operation services” include, in particular, the provision at an airport
of—

(a) groundhandling services described in the Annex to Council Directive
96/67/EC of 15 October 1996 on access to the groundhandling market
at Community airports (as amended from time to time),

(b) facilities for car parking, and

(c) 5facilities for shops and other retail businesses.

(4) “Airport operation services” do not include—

(a) air transport services,

(b) air traffic services, or

(c) services provided in shops or as part of other retail businesses.

(5) 10For the purposes of this Part—

(a) “airport operation services” include permitting a person to access or
use land that forms part of an airport or facilities at an airport for a
purpose described in subsection (1)(a) to (f), and

(b) a person who permits another to access or use land that forms part of
15an airport area, or facilities in an airport area, for such a purpose is to
be treated as providing airport operation services in that area.

(6) The Secretary of State may by regulations provide that, for the purposes of this
Part, services are or are not to be treated as airport operation services.

(7) The regulations may, in particular, modify subsections (1) to (5).

(8) 20In this section “modify” includes amend or repeal.

69 Air transport services

(1) In this Part—

• “air transport service” means a service for the carriage by air of passengers
  or cargo to or from an airport in the United Kingdom;

• 25“provider”, in relation to an air transport service, means a person who has
  the management of the aircraft used to provide the service;

• “user”, in relation to an air transport service, means a person who—

  (a)

  is a passenger carried by the service, or

  (b)

  has a right in property carried by the service.

(2) 30In this Part references to users of air transport services include future users of
such services.

70 Joint operators of areas

(1) Two or more persons are joint operators of an airport area where they jointly
have overall responsibility for the management of all of the area.

(2) 35Regulations under section 9 may include provision about when two or more
persons are or are not to be treated for the purposes of this Part as jointly
having such responsibility.

(3) The CAA’s power under section 10 to make a determination includes power to
determine whether, in a particular case, two or more persons have such
40responsibility.

(4) The Secretary of State may by regulations provide that, where there are joint
operators of an airport area, the provisions of Chapters 1 and 3 of this Part

(other than this section) apply in relation to the operators and the area with the
modifications specified in the regulations.

71 Connected persons

(1) For the purposes of this Part one person is connected with another if they are
5group undertakings in relation to each other.

(2) “Group undertaking” has the same meaning as in the Companies Acts (see
section 1161 of the Companies Act 2006).

(3) The Secretary of State may by regulations make provision about when one
person is connected with another for the purposes of this Part, including
10provision amending or otherwise modifying subsections (1) and (2).

72 Minor definitions and index

(1) In this Part—

• “air traffic services” has the same meaning as in Part 1 of the Transport Act
  2000 (see section 98 of that Act);

• 15“airport operator” means a person who is the operator of an area that
  consists of or forms part of an airport;

• “the CAA” means the Civil Aviation Authority;

• “cargo” includes mail;

• “change of circumstances” includes the discovery that information is false
  20or misleading in a material respect;

• “conduct” includes a failure to act and unintentional conduct;

• “contravention” includes a failure to comply and related expressions are
  to be interpreted accordingly;

• “contravention notice” has the meaning given in section 31(1);

• 25“document” means anything in which information is recorded;

• “enforcement order” has the meaning given in section 33(1);

• “international obligation of the United Kingdom” includes—

  (a)

  an EU obligation, and

  (b)

  an obligation that arises or may arise under an international
  30agreement or arrangement to which the United Kingdom is a
  party;

• “land” includes land covered by water;

• “licence” means a licence under Chapter 1 of this Part and includes a
  licence which has been granted under section 15 but has not come into
  35force;

• “market power determination” has the meaning given in section 7(1);

• “modifying”, in relation to a licence condition, means adding, removing
  or altering a licence condition and related expressions are to be
  interpreted accordingly;

• 40“representation” includes objection;

• “urgent enforcement order” has the meaning given in section 35(1).

(2) References in this Part to providing a service, however expressed, include
providing a facility (and related expressions are to be interpreted accordingly).

(3) References in this Part to a building or other structure are to any building or
45structure, whether above or below ground.

(4) References in this Part to a notice are to a notice in writing.

(5) References in this Part to remedying the consequences of a contravention of a
licence condition or requirement include paying an amount to a person—

(a) by way of compensation for loss or damage suffered by the person, or

(b) 5in respect of annoyance, inconvenience or anxiety suffered by the
person.

(6) Schedule 7 (index of defined expressions) has effect.

Other general provision

73 Regulations

(1) 10Regulations under this Part—

(a) may make different provision for different cases,

(b) may make provision generally or only for particular cases, and

(c) may make consequential, incidental, supplementary, transitional,
transitory or saving provision.

(2) 15Regulations under this Part are to be made by statutory instrument.

(3) A statutory instrument containing regulations under the following provisions
is subject to annulment in pursuance of a resolution of either House of
Parliament—

(a) section 28(9);

(b) 20section 77;

(c) paragraph 32 of Schedule 2;

(d) paragraph 6 of Schedule 6.

(4) A statutory instrument containing other regulations under this Part may not be
made unless a draft of the instrument has been laid before, and approved by a
25resolution of, each House of Parliament.

74 Publication and production of documents

(1) Where a person is required to publish something by this Part, the person must
publish it in such form and manner as the person considers appropriate for
bringing it to the attention of persons likely to be affected by it.

(2) 30A person to whom a document is produced under this Part may take copies of
the document.

75 Sending documents

(1) A document required or authorised by this Part to be sent to a person may be
sent—

(a) 35by delivering it to the person or by leaving it at the person’s proper
address or by sending it by post to the person at that address,

(b) if the person is a body corporate, by sending it in accordance with
paragraph (a) to the secretary of the body or to any other person
authorised to receive the document on behalf of the body, or

(c) if the person is a partnership, by sending it in accordance with
paragraph (a) to a partner or a person having the control or
management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978
5(service of documents by post) in its application to this section, the proper
address of a person to whom a document is to be sent is the person’s last
known address, except that—

(a) if the person is a body corporate, it is the address of the registered or
principal office of the body, and

(b) 10if the person is a partnership or a partner or a person having the control
or management of the partnership business, it is the address of the
principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted
under the law of a country or territory outside the United Kingdom or of a
15partnership carrying on business outside the United Kingdom is its principal
office within the United Kingdom.

(4) Subsection (5) applies if a person to whom a document is to be sent by another
person under this Part has specified to that other person an address within the
United Kingdom other than the proper address (as determined under
20subsection (2)) as the one to which documents of the same description as the
document should be sent.

(5) In relation to that document, that address must be treated as the person’s
proper address for the purposes of this section and section 7 of the
Interpretation Act 1978 in its application to this section, instead of that
25determined under subsection (2).

(6) This section does not apply to a document if rules of court make provision
about how or where it should be sent.

(7) In this section references to sending include references to similar expressions
(such as giving).

76 30Minor, consequential and transitional provision

(1) Part 4 of the Airports Act 1986 (economic regulation of airports) is repealed.

(2) Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1))
(economic regulation of airports) is revoked.

(3) Schedule 8 (status of airport operators as statutory undertakers etc) has effect.

(4) 35Schedule 9 (regulation of operators of dominant airports: consequential
provision) has effect.

(5) Schedule 10 (regulation of operators of dominant airports: transitional
provision) has effect.

77 Crown application

(1) 40Chapter 2 of this Part binds the Crown to the extent that it applies or modifies
provisions of the Competition Act 1998, subject to section 73 of that Act.

(2) The following provisions of this Part bind the Crown—

(a) Chapter 1, other than sections 50 to 52, and

(b) Chapter 3,

subject to subsections (3) and (5) to (9).

(3) Chapters 1 and 3 of this Part do not affect Her Majesty in her private capacity.

(4) Subsection (3) is to be read as if section 38(3) of the Crown Proceedings Act
51947 (meaning of Her Majesty in her private capacity) were contained in this
Part.

(5) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring
payment of, or recovering, charges in respect of services provided in the course
of carrying out exempt Crown functions.

(6) 10If the operator of an airport area (“area C”) exercises overall responsibility for
its management in the course of carrying out exempt Crown functions—

(a) section 7(2) (requirement to make market power determination) does
not apply in respect of area C,

(b) section 14(4) (deemed application for licence where airport area
15becomes dominant) does not apply in relation to the operator, and

(c) the absence of a licence in respect of area C does not prevent a person
from requiring payment of, or recovering, charges in respect of services
provided in area C or another area that forms part of the same airport.

(7) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring
20payment of, or recovering, charges in respect of services provided in an exempt
Crown airport area.

(8) The absence of a licence in respect of an exempt Crown airport area does not
prevent a person from requiring payment of, or recovering, charges in respect
of services provided in another area that forms part of the same airport.

(9) 25A licence must not include conditions relating to services provided in an
exempt Crown airport area.

(10) For the purposes of this section, an airport area is an exempt Crown airport
area if—

(a) it consists of all or part of a small airport,

(b) 30the operator of the airport area is the Crown or a person acting on
behalf of the Crown, and

(c) the airport area is exempted for the purposes of this section by the
Secretary of State by regulations.

(11) For the purposes of this section, an airport is a small airport during a calendar
35year if in the previous calendar year—

(a) the number of passenger movements at the airport did not exceed 5
million, or

(b) the airport was not open to commercial traffic.

(12) In this section—

• 40“exempt Crown functions” means the following functions to the extent
  that they are carried out by or on behalf of the Crown—

  (a)

  customs functions within the meaning of Part 1 of the Borders,
  Citizenship and Immigration Act 2009,

  (b)

  functions relating to immigration, asylum or nationality,

  (c)

  45police functions, and

  Civil Aviation BillPage 47

  (d)

  other functions exempted for the purposes of this section by the
  Secretary of State by regulations;

• “open to commercial traffic” and “passenger movements” have the same
  meaning as in Directive 2009/12/EC of the European Parliament and
  5of the Council of 11 March 2009 on airport charges.

Part 2 Other aviation matters

Aviation security

78 Aviation security directions etc

(1) 10Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts
of violence and other unlawful interference) is amended as follows.

(2) After section 14 insert—

“14A Review by CAA

(1) The CAA must keep under review the directions under sections 12 to
1514 for the time being in force.

(2) The CAA must, when it considers it appropriate, make
recommendations to the Secretary of State about those directions and
about the giving of further directions under those sections.

(3) The CAA must make the recommendations in the form specified by the
20Secretary of State.”

(3) After section 16 insert—

“16A Directions requiring national security vetting

(1) This section applies where a direction under any of sections 12 to 14
makes provision requiring an individual who carries on, or wishes to
25carry on, an activity specified or described in the direction to be subject
to national security vetting by the CAA.

(2) The CAA must make arrangements for carrying out that vetting,
including—

(a) arrangements for renewing and withdrawing clearance, and

(b) 30arrangements for appeals.

(3) The Secretary of State may give directions to the CAA in connection
with the arrangements, including directions as to—

(a) steps to be included in the vetting process,

(b) time limits for completing such steps, and

(c) 35the period for which clearance is to remain valid.

(4) The CAA must comply with a direction given to it under this section.

(5) This section does not affect any other power relating to national
security vetting.”

(4) After section 23 insert—

“23A Functions of CAA under this Part

(1) The CAA must carry out the functions conferred on it by or under this
Part of this Act with a view to achieving the purposes to which this Part
5of this Act applies.

(2) If the CAA considers that there is a conflict between its duty under
subsection (1) and its duty under section 4 of the Civil Aviation Act
1982 (CAA’s general objectives) it must—

(a) consult the Secretary of State, and

(b) 10resolve the conflict in the manner directed by the Secretary of
State,

and doing so is to be treated for all purposes as compliance with
subsection (1) of this section and section 4 of that Act.”

(5) In section 24A(1) (interpretation)—

(a) 15for the definition of “authorised person” substitute—

• ““authorised person” means a person authorised in
  writing by the Secretary of State or the CAA for the
  purposes of this Part of this Act,”, and

(b) after that definition insert—

• 20““the CAA” means the Civil Aviation Authority,”.

(6) Schedule 11 (aviation security directions etc: minor and consequential
amendments) has effect.

79 Approved providers of aviation security services

(1) Section 20A of the Aviation Security Act 1982 (aviation security services:
25approved providers) is amended as follows.

(2) In subsection (2), for “provide for the Secretary of State to maintain a list of
persons who are approved by him” substitute “provide for the CAA to
maintain a list of persons who are approved by it”.

(3) In subsection (3)—

(a) 30before paragraph (a) insert—

“(za) provide for approval to be given, and persons to be
listed, in respect of the provision of the aviation security
service generally or only at a particular location;”,

(b) in paragraphs (a) and (b) for “that service” substitute “the provision of
35that service generally or at the relevant location”,

(c) after paragraph (d) insert—

“(da) make provision about factors to be taken into account
when deciding whether to grant an application;”,

(d) after paragraph (e) insert—

“(ea) 40make provision for employees of persons who are listed
in respect of the provision of an aviation security service
generally or at a particular location to be treated as listed
in respect of the provision of that service generally or at
that location (as appropriate) in specified
45circumstances;”,

(e) in paragraph (f), after “are listed” insert “, or employees of such
persons,”,

(f) after that paragraph insert—

“(fa) make provision about other conditions with which
5persons who apply to be listed or who are listed, or
employees of such persons, must comply;”,

(g) in paragraph (g) omit “which shall include provision for appeal”, and

(h) in paragraph (i) after “functions” insert “on the CAA,”.

(4) After subsection (3) insert—

“(3A) 10The regulations must—

(a) include provision for appeals against the refusal of applications
for inclusion in a list,

(b) include provision for appeals against removal from a list, and

(c) if they make provision described in subsection (3)(f) or (fa),
15include provision for appeals against the conditions.”

(5) After subsection (5) insert—

“(5A) In subsection (5) “listed person”, in relation to an aviation security
service, means a person who is listed in respect of the provision of that
service generally or at the relevant location.”

80 20Advice and assistance in connection with aviation security

After section 21G of the Aviation Security Act 1982 insert—

“Advice and assistance

21H Provision of advice and assistance to Secretary of State

(1) The CAA must provide such advice and assistance to the Secretary of
25State as the Secretary of State requires in connection with matters
relevant to the purposes to which this Part of this Act applies.

(2) A requirement under subsection (1) may be expressed so as to operate
as a continuing requirement on the CAA.

(3) Nothing in this section affects the generality of section 16 of the Civil
30Aviation Act 1982 (provision by CAA of assistance etc for Secretary of
State and others).

21I Provision of advice and assistance to other persons

(1) The CAA must provide such advice and assistance to the persons listed
in subsection (3) as it considers appropriate having regard to the
35purposes to which this Part of this Act applies.

(2) The CAA may, in particular, provide advice and assistance to such
persons in connection with measures that they are required to take by
directions under sections 12 to 14.

(3) Those persons are—

(a) 40managers of aerodromes in the United Kingdom,

(b) authorities responsible for air navigation installations in the
United Kingdom,