Civil Aviation Bill (HL Bill 52)

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.