Air Travel Organisers' Licensing Bill (HL Bill 58)

A

BILL

TO

Amend sections 71, 71A and 84 of the Civil Aviation Act 1982, and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Air travel organisers’ licences

(1) Section 71 of the Civil Aviation Act 1982 (regulation of provision of
accommodation in aircraft) is amended as follows.

(2) After subsection (1) insert—

(1ZA) 5Subsection (1) applies to an activity in the European Economic Area by
a person established in the United Kingdom as it applies to an activity
in the United Kingdom.”

(3) After subsection (1D) insert—

(1E) The provision that may be made under or by virtue of subsection
10(1A)(b) includes provision granting exemption in relation to cases
where the person by whom flight accommodation is or may be made
available or procured does not make available or procure any other
services.”

2 Air Travel Trust

(1) 15In section 71A of the Civil Aviation Act 1982 (contributions by licence holders
to Air Travel Trust), in subsection (5), after “the trust” insert “(as it has effect
from time to time)”.

(2) After that subsection insert—

(6) The Secretary of State may by regulations amend the definition of “Air
20Travel Trust” in subsection (5) above so that it refers, in addition to or
instead of any trust for the time being referred to in that subsection, to
one or more other qualifying trusts.

Air Travel Organisers' Licensing BillPage 2

(7) A trust is a qualifying trust for the purposes of subsection (6) above if—

(a) the Secretary of State for Transport is a party to the deed
establishing the trust, and

(b) the primary purpose of the trust is the assistance of persons who
5suffer losses or incur costs as a result of failure by contributors
to the trust to fulfil obligations with regard to the provision of
flight accommodation in connection with those persons’ trips or
holidays.

In paragraph (b) “flight accommodation” has the same meaning as in
10section 71.”

(3) In section 102 of that Act (powers to make Orders in Council, orders and
regulations), after subsection (3) insert—

(3A) Where an entry in the said column 3 specifies that a power to make
regulations is subject to the affirmative resolution procedure, a
15statutory instrument containing the regulations may not be made
unless a draft of the instrument has been laid before Parliament and
approved by a resolution of each House.”

(4) In Part 2 of Schedule 13 to that Act (provisions applying to certain powers)—

(a) in the entry for section 71A, for “Section 71A” substitute “Section
2071A(1)”;

(b) after that entry insert—

“Section 71A(6) Regulations
amending the
definition of “Air
Travel Trust”
Subject to the
affirmative
resolution
procedure
Paragraphs 1
and 2 of Part 3
apply.”
25

3 Provision of information

(1) Section 84 of the Civil Aviation Act 1982 (provision by others of information for
the CAA and Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) 30in paragraph (c) omit “of which he is not the operator”;

(b) after that paragraph insert—

(ca) a person established in the United Kingdom who in the
European Economic Area has, at any time during the
period of two years ending with the date of service of
35the notice, held himself out as one who may as a
principal or otherwise enter into a contract to make
available accommodation for the carriage of persons or
cargo on flights in any part of the world in aircraft,”;

(c) after paragraph (ii) insert—

(iia) 40in the case of such a person as in mentioned in
paragraph (ca) of this subsection, descriptions of
information which relates to his past, present or future
activities in the European Economic Area connected
with the making available of accommodation so
45mentioned,”.

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(3) After subsection (1) insert—

(1A) Paragraphs (c) and (ca) of subsection (1) apply to a person who is the
operator of the aircraft in question only if—

(a) the person is not the holder of a licence issued by the CAA in
5accordance with the Operation of Air Services in the
Community Regulation, or

(b) the accommodation to be made available as mentioned in those
paragraphs is not limited to flight accommodation within the
meaning of section 71.”

4 10Commencement, extent and short title

(1) Section 3 comes into force on whatever day or days the Secretary of State
appoints by regulations.

(2) The other provisions of this Act come into force on the day on which this Act
is passed.

(3) 15The power to make regulations under subsection (1) is exercisable by statutory
instrument.

(4) Regulations under subsection (1)

(a) may appoint different days for different purposes;

(b) may make transitional, transitory or saving provision.

(5) 20This Act extends to England and Wales, Scotland and Northern Ireland.

(6) This Act may be cited as the Air Travel Organisers’ Licensing Act 2017.