Civil Aviation Bill (HL Bill 52)

(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,

(c) operators of aircraft registered or operating in the United
Kingdom,

(d) persons occupying land forming part of an aerodrome or air
navigation installation in the United Kingdom,

(e) 5persons permitted to have access to a security restricted area of
such an aerodrome or air navigation installation for the
purposes of carrying on a business, and

(f) any other persons carrying on activities at or in connection with
such an aerodrome or air navigation installation, or considering
10doing so, who are of a description notified to the CAA by the
Secretary of State for the purposes of this section.

(4) The Secretary of State may provide such advice and assistance to the
persons listed in subsection (3) as the Secretary of State considers
appropriate having regard to—

(a) 15the purposes to which this Part of this Act applies, and

(b) any advice and assistance provided to those persons by the
CAA.”

81 Power to modify functions of CAA etc relating to aviation security

After section 21I of the Aviation Security Act 1982 (inserted by section 80)
20insert—

“21J Power to modify functions of CAA etc relating to aviation security

(1) The Secretary of State may by regulations modify—

(a) the functions of the CAA relating to the purposes to which this
Part of this Act applies, and

(b) 25the functions under this Part of this Act of persons authorised in
writing by the CAA for the purposes of this Part.

(2) Regulations under this section may, in particular—

(a) confer powers, or impose duties, on the CAA or persons
mentioned in subsection (1)(b),

(b) 30remove or restrict powers or duties of the CAA or such persons,

(c) require the CAA to comply with directions given by the
Secretary of State when carrying out a function conferred by the
regulations,

(d) make different provision for different cases,

(e) 35amend or repeal an enactment (whenever passed), including a
provision of this Part of this Act, and amend or revoke a
provision of an instrument made under an enactment
(whenever made), and

(f) include consequential, supplementary, incidental, transitional,
40transitory and saving provision.

(3) The Secretary of State must consult the CAA before making regulations
under this section.

(4) The regulations must be made by statutory instrument.

(5) A statutory instrument containing the regulations may not be made
45unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.”

82 Transfer schemes

(1) The Secretary of State may make one or more schemes for the transfer to the
Civil Aviation Authority (“the CAA”) of—

(a) rights, powers, duties and liabilities of the Crown in connection with
5individuals employed in the civil service of the Crown, and

(b) other property, rights and liabilities of the Crown.

(2) A scheme may transfer only such property, rights, powers, duties and
liabilities as the Secretary of State considers appropriate having regard to—

(a) the functions conferred on the CAA by or under Part 2 of the Aviation
10Security Act 1982 (as amended by sections 78 to 81 and Schedule 11),
and

(b) the functions of persons authorised by the CAA for the purposes of that
Part (as so amended).

(3) Before making a scheme under this section the Secretary of State must consult
15the CAA.

(4) Schedule 12 (aviation security: further provision about transfer schemes) has
effect.

Provision of information about aviation

83 Information for benefit of users of air transport services

(1) 20The CAA must publish, or arrange for the publication of, such information and
advice as it considers appropriate for the purpose of assisting users of air
transport services to compare—

(a) air transport services provided to or from a civil airport;

(b) services and facilities provided at a civil airport in the United Kingdom;

(c) 25services and facilities provided elsewhere in the United Kingdom and
used, or likely to be used, in connection with the use of air transport
services provided to or from a civil airport.

(2) The CAA may publish guidance and advice with a view to improving the
standard of such services and facilities for users of air transport services.

(3) 30The CAA must take such steps as it considers practicable to keep under review
information, guidance and other advice that is published under this section by
the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the
disclosure of, information if the CAA could refuse to disclose the information
35in response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may
carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than
the CAA must be published in such form and manner as the CAA considers
40appropriate.

(7) In this section—

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

Civil Aviation BillPage 53

• “airport” has the same meaning as in Part 1 of this Act (see sections 66 and
  67);

• “civil airport” means an airport other than a military airport;

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

  (a)

  5is a passenger carried by the service, or

  (b)

  has a right in property carried by the service.

(8) In this section references to users of air transport services include potential
users of such services.

84 Environmental information

(1) 10The CAA must publish, or arrange for the publication of, such information and
advice as it considers appropriate relating to—

(a) the environmental effects of civil aviation in the United Kingdom,

(b) how human health and safety is, or may be, affected by such effects,
and

(c) 15measures taken, or proposed to be taken, with a view to reducing,
controlling or mitigating the adverse environmental effects of civil
aviation in the United Kingdom.

(2) The CAA may publish guidance and advice with a view to reducing,
controlling or mitigating the adverse environmental effects of civil aviation in
20the United Kingdom.

(3) The CAA must take such steps as it considers practicable to keep under review
information, guidance and other advice that is published under this section by
the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the
25disclosure of, information if it could refuse to disclose the information in
response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may
carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than
30the CAA must be published in such form and manner as the CAA considers
appropriate.

(7) In this section—

• “civil aviation” means civil airports, associated facilities and aircraft using
  such airports;

• 35“airport” has the same meaning as in Part 1 of this Act (see sections 66 and
  67);

• “associated facilities”, in relation to an airport, means facilities used, or
  intended to be used, in connection with the airport;

• “civil airport” means an airport other than a military airport.

(8) 40In this section references to the environmental effects of civil aviation
include—

(a) substances, energy, noise, vibration or waste, including emissions,
discharges and other releases into the environment,

(b) visual or other disturbance to the public,

(c) effects from works carried out at civil airports or associated facilities or
in the construction of such airports or facilities, and

(d) effects from services provided at civil airports or associated facilities.

85 Power to obtain information

(1) 5The CAA may by notice require a person to provide—

(a) information, or

(b) a document that is in the person’s custody or under the person’s
control.

(2) The CAA may give a notice under this section only in respect of information or
10documents that it reasonably requires for the purpose of carrying out its
functions under section 83 or 84.

(3) The notice may require the information or document to be provided—

(a) at a time and place specified in the notice, and

(b) in a form and manner specified in the notice.

(4) 15The notice may not require a person to provide information or documents that
the person could not be compelled to provide in evidence in civil proceedings
before the court.

(5) “The appropriate court” means—

(a) in relation to England and Wales and Northern Ireland, the High Court,
20and

(b) in relation to Scotland, the Court of Session.

(6) Schedule 6 (restrictions on disclosure of information) applies to information
and documents provided to the CAA by virtue of this section as it applies to
information obtained under or by virtue of Chapter 1 of Part 1.

86 25Enforcement of information notice

(1) If a person fails to comply with a notice under section 85 without reasonable
excuse, the CAA may do either or both of the following—

(a) impose a penalty on the person;

(b) enforce the duty to comply with the notice in civil proceedings for an
30injunction or, in Scotland, for specific performance of a statutory duty
under section 45 of the Court of Session Act 1988.

(2) The amount of the penalty must be such amount as the CAA determines to
be—

(a) appropriate, and

(b) 35proportionate to the failure in respect of which it is imposed.

(3) A penalty may consist of either or both of the following—

(a) a fixed amount;

(b) an amount payable in respect of each day in a period specified by the
CAA (a “daily amount”).

(4) 40A fixed amount must not exceed £50,000.

(5) A daily amount must not exceed £5,000.

(6) A specified period during which daily amounts accumulate must be such
period as the CAA considers appropriate, subject to subsections (7) and (8).

(7) The period must begin after the day on which the CAA gives the notice under
section 89 stating that it has imposed the penalty.

(8) 5The period must end before the day on which the person provides the
information or documents specified in the notice under section 85.

(9) The Secretary of State may by regulations replace the amount for the time being
specified in subsection (4) or (5).

(10) The regulations must be made by statutory instrument.

(11) 10A statutory instrument containing the regulations may not be made unless a
draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

87 Penalty for providing false information, destroying documents etc

(1) The CAA may impose a penalty on a person if, in relevant circumstances, the
15person provides information to the CAA that is false or misleading in a
material respect and—

(a) the person knows that the information is false or misleading, or

(b) the person is reckless as to whether the information is false or
misleading.

(2) 20A person provides information in relevant circumstances if the person does
so—

(a) in response to a notice under section 85, or

(b) knowing that the CAA is likely to use the information for the purpose
of carrying out its functions under section 83 or 84.

(3) 25The CAA may impose a penalty on a person if the person intentionally alters,
suppresses or destroys a document that the person is required to produce by a
notice under section 85.

(4) The amount of a penalty imposed on a person under this section must be such
amount as the CAA determines to be—

(a) 30appropriate, and

(b) proportionate to the action in respect of which it is imposed.

88 Procedure before imposing penalty

(1) Before imposing a penalty on a person under section 86 or 87 the CAA must—

(a) give the person a notice about the proposed penalty,

(b) 35publish the notice as soon as practicable, and

(c) consider any representations made about the proposed penalty in the
period specified in the notice (and not withdrawn).

(2) The notice under subsection (1) must—

(a) state that the CAA proposes to impose a penalty,

(b) 40state the proposed amount of the penalty, and

(c) give the CAA’s reasons for imposing the penalty.

(3) In the case of a penalty under section 86 calculated entirely or partly by
reference to a daily amount, the notice under subsection (1) must specify—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or the circumstances in which, they would cease to
5accumulate.

(4) The period specified in the notice under subsection (1) for making
representations must be a period of not less than 21 days beginning with the
day on which the notice is given to the person.

(5) Before varying the proposed amount of the penalty, the CAA must—

(a) 10give the person on whom the penalty is to be imposed a notice about
the proposed variation,

(b) publish the notice as soon as practicable, and

(c) consider any representations made about the proposed variation in the
period specified in the notice (and not withdrawn).

(6) 15In the case of a penalty calculated entirely or partly by reference to a daily
amount, the reference in subsection (5) to varying the proposed amount of the
penalty includes varying—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or circumstances in which, they would cease to
20accumulate.

(7) The notice under subsection (5) must—

(a) specify the proposed variation, and

(b) give the CAA’s reasons for the proposed variation.

(8) The period specified in the notice under subsection (5) for making
25representations must be a period of not less than 21 days beginning with the
day on which the notice is given to the person.

(9) The CAA may withdraw a notice under subsection (1) or (5) at any time by
giving notice to the person on whom it proposed to impose the penalty.

(10) The CAA must publish a notice under subsection (9) as soon as practicable
30after it is given.

89 Procedure after imposing penalty

(1) As soon as practicable after imposing a penalty on a person under section 86 or
87, the CAA must—

(a) give a notice to the person on whom the penalty is imposed, and

(b) 35publish the notice.

(2) The notice must—

(a) state that the CAA has imposed the penalty,

(b) state the amount of the penalty,

(c) give the CAA’s reasons for imposing the penalty, and

(d) 40specify a reasonable period within which the penalty must be paid or
reasonable periods within which different portions of the penalty must
be paid.

(3) In the case of a penalty under section 86 calculated entirely or partly by
reference to a daily amount, the notice must specify—

(a) the day on which daily amounts begin to accumulate, and

(b) the day on which, or the circumstances in which, they cease to
accumulate.

(4) As soon as practicable after daily amounts cease to accumulate, the CAA
5must—

(a) give a notice to the person on whom the penalty was imposed
confirming the day on which they ceased to accumulate, and

(b) publish the notice.

90 Appeals

10Schedule 13 (appeals against penalties) has effect.

91 Recovering penalties

(1) Subsections (2) and (3) apply if all or part of a penalty imposed on a person
under section 86 or 87 is not paid within the period specified in the notice given
in respect of the penalty under section 89.

(2) 15The unpaid balance carries interest from time to time at the rate for the time
being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from the person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) 20Any sums received by the CAA by way of a penalty under section 86 or 87 or
interest under this section must be paid into the Consolidated Fund.

92 Statement of policy

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) carrying out its functions under sections 83 and 84,

(b) 25imposing penalties under sections 86 and 87, and

(c) determining the amount of such penalties.

(2) The CAA may revise a statement of policy and, if it does so, it must publish the
revised statement.

(3) When preparing or revising a statement of policy with respect to carrying out
30the functions under sections 83 and 84, the CAA must have regard to the
principle that the benefits of carrying out the functions should outweigh any
adverse effects.

(4) When imposing a penalty under section 86 or 87, or determining the amount
of such a penalty, the CAA must have regard to the last statement of policy
35published under this section before the act or omission in respect of which the
penalty is to be imposed.

(5) When preparing or revising a statement of policy, the CAA must consult such
persons as it considers appropriate.

93 Minor definitions

40In sections 83 to 92 and Schedule 13—

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

(b) references to a notice are to a notice in writing.

Regulation of provision of flight accommodation

94 Regulation of provision of flight accommodation

(1) 5Section 71 of the Civil Aviation Act 1982 (regulation of provision of
accommodation in aircraft) is amended in accordance with subsections (2) to
(4).

(2) For subsection (1) substitute—

“(1) The Secretary of State may by regulations make provision so as to
10secure—

(a) that a person does not in the United Kingdom make available
flight accommodation, either as principal or agent, unless the
person meets the condition in subsection (1A) or (1B);

(b) that a person does not in the United Kingdom hold himself or
15herself out as one who may make flight accommodation
available, either as principal or agent or without disclosing the
person’s capacity, unless the person meets the condition in
subsection (1A) or (1B);

(c) that a person (“A”) acting as an agent for another person (“B”),
20in the course of a business carried on by A, does not in the
United Kingdom procure flight accommodation on behalf of B
unless A meets the condition in subsection (1A);

(d) that a person (“P”) acting in the course of a business carried on
by P does not in the United Kingdom facilitate the making
25available of flight accommodation by another person in
circumstances in which one or more prescribed arrangements
relating to payment apply, unless P meets the condition in
subsection (1A).

(1A) A person meets the condition in this subsection if the person—

(a) 30holds and acts in accordance with a licence issued in pursuance
of the regulations, or

(b) is exempt from the need to hold a licence as a result of provision
made by or under the regulations.

(1B) A person meets the condition in this subsection if the person—

(a) 35is the operator of the aircraft on which flight accommodation is
made available, and

(b) in making the flight accommodation available is acting as a
flight-only provider.

(1C) The regulations may make provision for the purposes of subsection
40(1B) about when the operator of an aircraft acts as a flight-only
provider.

(1D) The arrangements relating to payment that may be prescribed under
subsection (1)(d) are any arrangements under which P makes or
receives payment, or facilitates the making or receipt of payment by
45another person, in connection with the making available of the flight
accommodation.”

(3) In subsection (2)—

(a) in paragraph (b), for the words from “the minimum charges” to the end
substitute “goods, services and other benefits which are or are not to be
provided by any person in prescribed circumstances;”, and

(b) 5omit paragraph (f).

(4) After subsection (2) insert—

“(3) The Secretary of State may by regulations make provision—

(a) imposing requirements to be complied with by persons holding
licences issued in pursuance of regulations under subsection
10(1), or by prescribed descriptions of such persons, which may
include requirements as to goods, services or other benefits
which are or are not to be provided by any person in prescribed
circumstances;

(b) about rights of action in respect of contraventions of
15requirements imposed by virtue of paragraph (a);

(c) imposing criminal penalties for contraventions of such
requirements.

(4) Regulations made by virtue of subsection (3)(c) may not provide for
penalties exceeding, in the case of each contravention—

(a) 20on summary conviction, a fine of the statutory maximum;

(b) on conviction on indictment, a fine and imprisonment for a term
not exceeding 2 years.

(5) In this section “flight accommodation” means accommodation for the
carriage of persons on flights in any part of the world.”

(5) 25In consequence of the above—

(a) in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982
(contributions by licence holders to Air Travel Trust) for “71” substitute
“71(1)”;

(b) in section 99(4) of that Act (offences) for “71” substitute “71(1) or (3)”.

30CAA membership

95 CAA membership

(1) In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection
(2) substitute—

“(2) The CAA is to consist of at least seven but not more than sixteen
35members.

(2A) It is to consist of—

(a) a person appointed to chair the CAA (“the chair”) and other
non-executive members, and

(b) a chief executive and other executive members.

(2B) 40The chair and other non-executive members are to be appointed by the
Secretary of State.

(2C) The Secretary of State may appoint a deputy chair from among the non-
executive members.