Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-117 Last page

Civil Aviation BillPage 60

(7) For the heading immediately before paragraph 6 substitute—

Remuneration etc of non-executive members.

(8) In paragraph 6—

(a) for “member” substitute “non-executive member”, and

(b) 5omit “with the consent of the Treasury”.

(9) In paragraph 7—

(a) omit “with the consent of the Treasury”,

(b) for “pensions, allowances or gratuities to or in respect of” substitute
“allowances to”,

(c) 10for “members” substitute “non-executive members”, and

(d) omit sub-paragraph (2).

(10) In paragraph 8—

(a) for “member” substitute “non-executive member”, and

(b) omit “with the consent of the Treasury” in both places.

(11) 15Omit paragraph 13(2) (member’s participation in employee pension scheme).

97 Executive members of CAA

(1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to
constitution, etc of CAA) is amended as follows.

(2) After paragraph 8 insert—

20Executive members: terms and conditions

8A (1) The chief executive is to be employed on such terms and conditions
as the non-executive members may determine.

(2) Other executive members are to be employed on such terms and
conditions as the chief executive may determine with the approval of
25the chair and at least one other non-executive member.

(3) In sub-paragraphs (1) and (2) references to terms and conditions
include terms and conditions as to remuneration and the payment of
pensions, allowances or gratuities.

(4) The CAA shall make provision for the payment of pensions,
30allowances and gratuities to or in respect of executive members in
accordance with their terms and conditions.

(3) In paragraph 12 (staff)—

(a) after “a reference to” insert a person who is—

(a) an executive member, or

(b), and 35

(b) at the end insert “(referred to in this Act as a “general employee”)”.

(4) In paragraph 13(1) (payment of pensions, allowances and gratuities) for “its
employees” substitute “its general employees”.

(5) In Schedule 3 to that Act (matters arising out of certain transfers to the CAA),
40in paragraph 2(1) for “an employee” substitute “a general employee”.

Civil Aviation BillPage 61

98 CAA’s air navigation functions

(1) In section 66 of the Transport Act 2000 (CAA’s air navigation functions), for
subsection (3) substitute—

(3) The chief executive of the CAA must, with the approval of the chair and
5at least one other non-executive member of the CAA, nominate another
executive member of the CAA for the purposes of this section.

(3A) A person nominated under subsection (3) must perform on the CAA’s
behalf such of its air navigation functions as the Secretary of State may
specify.

(3B) 10The chief executive must consult the Secretary of State before
nominating a person under subsection (3).

(2) In section 67 of that Act (national security nominee), in subsection (1) for
“member” substitute “non-executive member”.

99 Transitional and saving provision

15Schedule 14 (CAA membership: transitional and saving provision) has effect.

Further provision about CAA

100 CAA charges

(1) Section 11 of the Civil Aviation Act 1982 (schemes and regulations determining
CAA’s charges) is amended as follows.

(2) 20In subsection (1) omit “, after consultation with the Secretary of State,”.

(3) After that subsection insert—

(1A) Before making a scheme under this section, the CAA must—

(a) consult the persons who, in its opinion, are likely to be affected
by the scheme or such of those persons as it thinks fit, and

(b) 25after consulting those persons, consult the Secretary of State.

(4) In subsection (2) for “sixty days” substitute “14 days”.

(5) After subsection (3) insert—

(3A) Before making regulations under this section, the Secretary of State
must consult the persons who, in the Secretary of State’s opinion, are
30likely to be affected by the regulations or such of those persons as the
Secretary of State thinks fit.

(3B) Subsection (3A) does not apply if the Secretary of State is satisfied that
such consultation is unnecessary having regard to consultation carried
out by the CAA in accordance with subsection (1A).

(6) 35In section 16 of that Act (provision by CAA of assistance etc for Secretary of
State and others), in subsection (4A)—

(a) after “with” insert

(a), and

(b) at the end insert , or

(b) 40the making of regulations under section 11(3).

Civil Aviation BillPage 62

(7) In section 17 of that Act (provision by CAA of information etc for Secretary of
State), at the end insert—

(4) Subsection (3) above does not apply in relation to information
furnished to the Secretary of State in connection with the making of
5regulations under section 11(3).

101 Criminal proceedings

In section 20 of the Civil Aviation Act 1982 (supplementary provisions with
respect to the functions of CAA), after subsection (1) insert—

(1A) The power conferred on the CAA by subsection (1)(a) includes power
10to institute and carry on criminal proceedings in England and Wales or
Northern Ireland.

102 Civil sanctions

(1) Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions)
is amended as follows.

(2) 15In Schedule 5 (designated regulators) at the appropriate place insert—

(3) In Schedule 7 (powers under specified enactments to include power to make
provision for civil sanctions) at the appropriate place insert—

103 20Regulatory burdens

(1) Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to
which duty not to impose or maintain unnecessary burdens applies) is
amended as follows.

(2) In subsection (1), after paragraph (a) insert—

(aa) 25the regulatory functions specified in subsection (2A),.

(3) After subsection (2) insert—

(2A) The regulatory functions referred to in subsection (1)(aa) are the
regulatory functions exercised by the Civil Aviation Authority under—

(a) Chapter 1 of Part 1 of the Transport Act 2000 (air traffic
30services);

(b) Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of
operators of dominant airports).

(4) In subsection (3) for “subsection (2)” substitute “subsection (2) or (2A)”.

104 Disclosure of medical information

(1) 35Section 23 of the Civil Aviation Act 1982 (disclosure of information) is
amended as follows.

(2) In subsection (1) for “subsection (4)” substitute “subsections (4) and (4A)”.

Civil Aviation BillPage 63

(3) After subsection (4) insert—

(4A) Nothing in subsection (1) above prohibits the disclosure of medical
information provided to the CAA in accordance with an Air
Navigation Order if—

(a) 5the disclosure is for the purposes of medical research approved
by a research ethics committee,

(b) the CAA considers that the research is likely to improve
understanding of risks to the health of the types of individual
who are required by an Air Navigation Order to provide
10medical information to the CAA,

(c) the CAA considers that it would be difficult or expensive to take
the steps necessary to enable all of the information to be
disclosed in reliance on subsection (1), and

(d) the information disclosed is anonymised.

(4B) 15For the purposes of subsection (4A)(d), information is anonymised if no
individual can be identified—

(a) from that information, or

(b) from that information and any other information which the
CAA has reasonable grounds for believing is likely to be in the
20possession of the person to whom it is disclosed or is likely to
come into that person’s possession.

(4) After subsection (6) insert—

(7) In this section “research ethics committee” means a committee which
is—

(a) 25established to advise on the ethics of research investigations in
human beings, and

(b) recognised for that purpose by the Secretary of State, the Welsh
Ministers, the Scottish Ministers or the Department of Health,
Social Services and Public Safety in Northern Ireland or by a
30body comprising two or more of those persons.

Miscellaneous

105 Dangerous flying

(1) Section 81 of the Civil Aviation Act 1982 (dangerous flying) is repealed.

(2) In consequence of subsection (1), that Act is amended in accordance with
35subsections (3) to (7).

(3) In section 76 (liability of aircraft in respect of trespass etc), in subsection (1)
omit the words “and there has been no breach of section 81 below”.

(4) In section 92 (application of criminal law to aircraft), in the definition of “the
air navigation enactments” in subsection (5), for “81 to” substitute “82,”.

(5) 40In section 101 (power to apply certain provisions to Crown aircraft), in
subsection (2) omit “81,”.

(6) In Part 3 of Schedule 13 (subordinate instruments: supplemental powers), in
paragraph 4(2) omit “81,”.

Civil Aviation BillPage 64

(7) In Schedule 14 (transitional and transitory provisions and savings), in
paragraph 7 omit “81,”.

106 Offences under Civil Aviation Act 1982

(1) Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows.

(2) 5In subsection (4)—

(a) for “or under” substitute “, under”, and

(b) at the end insert “or under an Air Navigation Order”.

(3) In subsection (5) omit paragraphs (c) and (d).

Part 3 10Final provisions

107 Power to make consequential and transitional provision

(1) The Secretary of State may by regulations make consequential, transitional,
transitory or saving provision in relation to any provision of this Act.

(2) The regulations may, in particular, amend, repeal, revoke or otherwise modify
15legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

108 Financial provision

There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

109 35Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State
may by order appoint, subject to subsections (2) to (4).

(2) This Part comes into force on the day on which this Act is passed.

Civil Aviation BillPage 65

(3) The following provisions come into force at the end of the period of 2 months
beginning with the day on which this Act is passed—

(a) sections 83 to 93 and Schedule 13,

(b) section 94,

(c) 5sections 95 to 99 and Schedule 14,

(d) section 101, and

(e) sections 104 to 106.

(4) The day appointed for the coming into force of section 3 must fall on or after 1
April 2014, unless paragraph 3 of Schedule 10, or provision having equivalent
10effect, comes into force on or before the appointed day.

(5) An order under this section must be made by statutory instrument.

(6) An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

110 15Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
to subsection (2).

(2) The amendments, repeals and revocations made by section 76 and Schedules 8
and 9 have the same extent as the provisions amended, repealed or revoked.

111 20Channel Islands, Isle of Man and British overseas territories

(1) The powers in section 108(1) of the Civil Aviation Act 1982 (power to extend to
Channel Islands, Isle of Man and British overseas territories) are exercisable in
relation to the amendments of that Act made by or under this Act.

(2) The powers in section 39(3) of the Aviation Security Act 1982 (extension
25outside United Kingdom) are exercisable in relation to the amendments of that
Act made by or under this Act.

(3) The power in section 107 of the Transport Act 2000 (extension outside United
Kingdom) is exercisable in relation to the amendments of provisions listed in
section 107(2) of that Act made by or under this Act.

112 30Short title

This Act may be cited as the Civil Aviation Act 2012.

Civil Aviation BillPage 66

SCHEDULES

Section 13

SCHEDULE 1 Appeals against determinations

Appeals against determinations

1 (1) 5The following may appeal to the Competition Appeal Tribunal against a
market power determination in relation to an airport area—

(a) a person who is the operator of the area at the time the determination
is made, and

(b) any other person whose interests are materially affected by the
10determination.

(2) A person who is the subject of an operator determination may appeal to the
Competition Appeal Tribunal against the determination.

(3) The making of an appeal under this paragraph in respect of a determination
does not suspend the effect of the determination, unless the Competition
15Appeal Tribunal orders otherwise.

Notice of appeal

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

(2) 20The notice must be received by the Registrar before the end of the period of
60 days beginning with the relevant day.

(3) In this paragraph “the relevant day” means the later of—

(a) the day on which the CAA publishes the notice of the determination,
and

(b) 25the day on which the CAA publishes the reasons for the
determination.

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

(a) 30as 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
shorter period beginning with the relevant day.

Civil Aviation BillPage 67

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 market power determination or
operator determination appealed against was wrong on one or more of the
5following grounds—

(a) that the determination was based on an error of fact;

(b) that the determination was wrong in law;

(c) that an error was made in the exercise of a discretion.

(2) It may—

(a) 10confirm or set aside all or part of the market power determination or
operator determination;

(b) direct the CAA to make a further determination;

(c) give the CAA such other 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) If the CAA fails to comply with a direction to make a further market power
determination in respect of an airport area within the time specified by the
20Competition Appeal Tribunal, the Tribunal may make the determination.

(6) If the Competition Appeal Tribunal makes a market power determination
under sub-paragraph (5)

(a) the determination has effect as if made by the CAA, and

(b) section 8 applies in relation to the determination as if the references
25to the CAA were references to the Competition Appeal Tribunal.

(7) If the CAA fails to comply with a direction to make a further operator
determination in respect of a person and an airport area within the time
specified by the Competition Appeal Tribunal, the Tribunal may make the
determination.

(8) 30If the Competition Appeal Tribunal makes an operator determination under
sub-paragraph (7)

(a) the determination has effect as if made by the CAA under section
10(1), and

(b) sections 10(2) and 11(1) to (3) and (5) apply in relation to the
35determination as if the references to the CAA were references to the
Competition Appeal Tribunal.

(9) When deciding an appeal under paragraph 1 (including giving directions)
or making a market power determination or operator determination, the
Competition Appeal Tribunal must have regard to the matters in respect of
40which duties are imposed on the CAA by section 1.

(10) When deciding an appeal under paragraph 1 relating to a market power
determination (including giving directions) or making such a
determination, the Competition Appeal Tribunal must have regard to the
notices, guidance, advice and information described in section 6(10).

Civil Aviation BillPage 68

Further appeals

4 (1) An 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) 5An appeal under this paragraph against a decision relating to a market
power determination may be brought by—

(a) a party to the proceedings before the Competition Appeal Tribunal,
or

(b) a person whose interests are materially affected by the decision or
10direction.

(3) An appeal under this paragraph against a decision relating to an operator
determination may be brought by a party to the proceedings before the
Competition Appeal Tribunal.

(4) An appeal may not be brought under this paragraph without the permission
15of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(5) “The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales or
20Northern Ireland, the Court of Appeal, or

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

Section 30

SCHEDULE 2 Appeals under sections 24 and 25

25Part 1 Permission to appeal

Application for permission to appeal

1 (1) An application for permission to appeal under section 24 or 25 against a
decision in respect of a licence may not be made after the end of the period
30of 6 weeks beginning with the day on which the CAA published the relevant
notice.

(2) In this paragraph “the relevant notice” means—

(a) in the case of an application for permission to appeal under section
24, the notice published in accordance with section 15 of the decision
35to grant the licence, and

(b) in the case of an application for permission to appeal under section
25, the notice published in accordance with section 22 of the decision
that is the subject of the application.

(3) The applicant must send a copy of the application to the CAA.

(4) 40The CAA must—

Civil Aviation BillPage 69

(a) publish the application, and

(b) send a copy of the application to the persons listed in sub-paragraph
(5) (other than the applicant).

(5) Those persons are—

(a) 5the holder of the licence that is the subject of the application,

(b) any other person with a qualifying interest in the decision that is the
subject of the application, and

(c) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

10Determination of application for permission to appeal

2 (1) The Competition Commission’s decision on an application for permission to
appeal is to be taken by an authorised member of the Commission.

(2) The authorised member must take the decision before the end of the period
of 10 weeks beginning with the day on which the CAA published the
15relevant notice (as defined in paragraph 1).

(3) The authorised member may grant permission to appeal subject to
conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be considered on the
20appeal,

(b) conditions for the purpose of expediting the determination of the
appeal, and

(c) conditions requiring the appeal to be considered together with other
appeals, including appeals relating to different matters or decisions
25and appeals brought by different persons.

(5) An authorised member of the Competition Commission who grants
permission to appeal against a decision that relates entirely or partly to a
matter remitted to the CAA following an earlier appeal under section 24 or
25 must grant it subject to conditions excluding consideration of—

(a) 30matters that were considered as part of the earlier appeal, and

(b) matters that could have been raised by the applicant or a relevant
connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not to do so.

(6) In sub-paragraph (5), in relation to an applicant, “relevant connected
35person” means a person who was connected to the applicant at any time
during the consideration of the earlier appeal by the Competition
Commission.

(7) The Competition Commission must—

(a) publish the decision on an application for permission to appeal and
40the reasons for the decision, and

(b) send a copy of the decision and reasons to the persons listed in sub-
paragraph (8).

(8) Those persons are—

(a) the holder of the licence which is the subject of the application,

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-117 Last page