Transport Bill - continued        House of Commons
PART I, AIR TRAFFIC - continued
Administration orders etc. - continued

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Petitions and orders: supplementary.     30. - (1) A petition under section 28 above cannot be withdrawn except with the court's leave.
 
      (2) Section 9(4) and (5) of the 1986 Act (court's powers) apply on the hearing of a petition under section 28 above as they apply on the hearing of a petition for an administration order.
 
      (3) Section 10(1), (2), (4) and (5) of the 1986 Act (effect of petition) apply in the case of a petition under section 28 above as if-
 
 
    (a) the reference in subsection (1) to an administration order were to an air traffic administration order;
 
    (b) the reference in subsection (1)(c) to proceedings included a reference to proceedings under or for the purposes of section 15 or 21 above;
 
    (c) subsection (2)(b) and (c) were omitted.
      (4) Schedules 1 and 2 contain provisions relating to air traffic administration orders.
 
      (5) The power given by section 411 of the 1986 Act to make rules applies for the purpose of giving effect to the air traffic administration order provisions as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking references to those Parts as references to those provisions.
 
      (6) The air traffic administration order provisions are sections 27 to 29, this section and Schedules 1 and 2.
 
      (7) The reference in subsection (1) to the court is to the court to which the application by petition is made.
 
Government financial help.     31. - (1) If an air traffic administration order is in force in relation to a company the Secretary of State may-
 
 
    (a) make grants or loans to the company of such sums as he thinks appropriate to facilitate the achievement of the order's purposes;
 
    (b) agree to indemnify the air traffic administrator in respect of liabilities incurred and loss or damage sustained by him in connection with carrying out his functions under the order.
      (2) The Secretary of State may guarantee, in such manner and on such terms as he thinks fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum borrowed from any person by a company in relation to which an air traffic administration order is in force when the guarantee is given.
 
      (3) The terms on which a grant is made under this section may require all or part of it to be repaid to the Secretary of State if there is a contravention of the other terms on which it is made.
 
      (4) A loan made under this section must be repaid to the Secretary of State at such times and by such methods, and interest must be paid to him at such rates and times, as may be specified in directions given by him from time to time.
 
      (5) Subsections (3) and (4) do not prejudice any provision applied in relation to the company by Schedule 1.
 
      (6) A grant, loan, agreement to indemnify, guarantee or direction under this section requires the Treasury's consent.
 
      (7) The air traffic administrator is the person appointed by the court to achieve the purposes of the air traffic administration order.
 
Guarantees under section 31.     32. - (1) This section applies to a guarantee given under section 31.
 
      (2) Immediately after a guarantee is given the Secretary of State must lay a statement of it before each House of Parliament.
 
      (3) If a sum is paid out for fulfilling a guarantee, as soon as possible after the end of each relevant financial year the Secretary of State must lay a statement relating to the sum before each House of Parliament.
 
      (4) If any sums are paid out for fulfilling a guarantee the borrowing company must make to the Secretary of State at such times and in such manner as may be specified in directions given by him from time to time-
 
 
    (a) payments of such amounts as he may specify in such directions in or towards repayment of the sums paid out, and
 
    (b) payments of interest at such rate as he may specify in such directions on what is outstanding in respect of sums paid out.
      (5) Subsection (4) does not prejudice any provision applied in relation to the borrowing company by Schedule 1.
 
      (6) A direction under this section requires the Treasury's consent.
 
      (7) Relevant financial years are financial years starting with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and interest on it is finally discharged.
 
      (8) The borrowing company is the company which borrowed the sums in respect of which the guarantee was given.
 
Northern Ireland.     33. Schedule 3 contains provisions relating to Northern Ireland.
 
 
Miscellaneous
Investigations.     34. - (1) The CAA must investigate an alleged or apprehended contravention of a condition of a licence if the alleged or apprehended contravention is the subject of a representation made to the CAA by or on behalf of a person who appears to it to have an interest in the matter.
 
      (2) But this does not apply if the representation appears to the CAA to be frivolous or vexatious.
 
Register.     35. - (1) The CAA must compile and maintain a register for the purposes of this Chapter.
 
      (2) The register must be kept at such premises and in such form as the CAA decides.
 
      (3) The CAA must cause these matters to be entered in the register-
 
 
    (a) the provisions of every exemption;
 
    (b) the provisions of every licence;
 
    (c) every modification of the conditions of a licence;
 
    (d) every revocation or surrender of a licence;
 
    (e) the provisions of every direction or determination made or consent or approval given under a licence;
 
    (f) the terms of every final or provisional order made under section 15, every revocation of such an order, and every notice under section 16(9);
 
    (g) the terms of every final or provisional order made under section 21, every revocation of such an order, and every notice under section 22(9).
      (4) The duty in subsection (3) does not extend to anything of which the CAA is unaware.
 
      (5) So far as practicable the CAA must secure the exclusion from the register of any matter relating to the affairs of a person if the CAA thinks its inclusion would or might seriously and prejudicially affect the person's interests.
 
      (6) If the Secretary of State thinks that entry of anything in the register would be against the public interest or any person's commercial interests, he may give a direction to the CAA requiring it not to enter it.
 
      (7) The CAA must secure that the contents of the register are available for inspection by the public during such hours as may be specified in an order made by the Secretary of State.
 
      (8) If requested by any person to do so the CAA must supply him with a copy (certified to be true) of the register or of an extract from it.
 
      (9) But subsection (8) does not apply if a charge required by a scheme or regulations made under section 11 of the Civil Aviation Act 1982 is not paid.
 
 
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