NOTICES OF AMENDMENTS
given up to and including
Thursday 4th May 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
TRANSPORT BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Prescott
Mr Secretary Prescott
To move, That the Bill, as amended, be considered in the following order: New Clauses relating to Part I; amendments relating to Part I; New Clauses relating to Part II; amendments relating to Part II; New Clauses relating to Part III; amendments relating to Part III; New Clauses relating to Part IV; amendments relating to Part IV; amendments relating to Clauses 227 to 229 and Schedule 26; Remaining New Clauses; New Schedules; amendments relating to Clauses 230 to 237 and Schedule 27.
NEW CLAUSES RELATING TO PART I
Exceptions
Mr Secretary Prescott
NC1
To move the following Clause:—
' .—(1) The CAA must not make a final order or make or confirm a provisional order if it is satisfied that—
(a) the duty imposed on it by section 2 precludes it from doing so, or
(b) the most appropriate way of proceeding is under the Competition Act 1998.
(2) If the CAA is satisfied that any of the conditions in subsection (3) applies it must not make a final order or make or confirm a provisional order unless it believes that it is appropriate to do so.
(3) The conditions are that—
(a) the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the duty or condition concerned;
(b) the contraventions or apprehended contraventions are trivial;
(c) the contraventions or apprehended contraventions will not adversely affect the interests of the persons referred to in subsection (4);
(d) the Secretary of State has made an application under section 28 for an air traffic administration order in relation to the licence holder.
(4) The persons are operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them.
(5) These interests are the only ones to be considered under subsection (3)(c)—
(a) interests regarding safety;
(b) interests regarding the range, availability, continuity, cost and quality of air traffic services.'.
Directions relating to the environment
Mr Secretary Prescott
NC4
To move the following Clause:—
' .—(1) The Secretary of State may give such directions as he thinks are necessary or expedient—
(a) to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;
(b) to limit or mitigate the effects of such noise, vibration, pollution or disturbance.
(2) Directions under this section may be given to—
(a) a licence holder or licence holders generally;
(b) a person who is authorised by an exemption to provide air traffic services (an authorised person) or authorised persons generally.
(3) A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.
(4) A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.
(5) In so far as a direction under this section conflicts with the requirements of section 38 or 81 or of an order under section (Orders for possession of aerodromes, etc.), the direction is to be disregarded.
(6) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 81 or an order under section (Orders for possession of aerodromes, etc.), the requirements are to be disregarded.
(7) Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult—
(a) that licence holder or authorised person;
Mr Secretary Prescott
NC5
To move the following Clause:—
'.—(1) This section applies in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
(2) The Secretary of State may by order provide for—
(b) any aircraft, machinery, plant, material or thing found in or on any aerodrome,
to be taken into his possession and used by or for the purposes of the armed forces of the Crown.
(3) An order under this section may, for the purpose of securing compliance with the provisions of the order—
(a) provide for the detention of aircraft;
(b) make such other provision as appears to the Secretary of State to be necessary or expedient for securing such detention.
(4) A person must comply with an order under this section notwithstanding any other duty, however arising.
(5) An order under this section may, for the purpose of securing compliance with the provisions of the order, provide for—
(a) persons to be guilty of offences in such circumstances as may be specified in the order;
(b) persons to be liable on conviction of those offences to such penalties as may be so specified.
(6) The power under subsection (5) does not include power—
(a) to provide for offences to be triable only on indictment;
(b) to authorise the imposition, on summary conviction of an offence, of any term of imprisonment or of a fine exceeding the statutory maximum;
(c) to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.
(7) Any person who suffers direct injury or loss arising from compliance with an order under this section is entitled to receive compensation from the Secretary of State.
(8) The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
(c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).'.
As an Amendment to Mr Secretary Prescott's proposed new Clause (NC5) (Orders for possession of aerodromes, etc.):
Mr Bernard Jenkin
Mr Roger Syms
Mr Peter Atkinson
(a)
Line 15, at end insert 'including any duty arising under or by virtue of the European Communities Act 1972 (as amended).'.
CAA's 1973 Act functions
Mr Secretary Prescott
NC11
To move the following Clause:—
' .—(1) For the purposes of this section the CAA's 1973 Act functions are the functions mentioned in subsection (2) of section 76 which, by virtue of that section, are functions of the CAA.
(2) The CAA must exercise its 1973 Act functions in the manner it thinks best calculated—
(a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
(b) to promote efficiency and economy on the part of suppliers of air traffic services;
(c) to secure that suppliers of air traffic services who are licence holders will not find it unduly difficult to finance activities authorised by their licences;
(d) to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification);
(e) to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section;
(f) to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of the CAA's 1973 Act functions.
(3) These interests are the only ones to be considered under subsection (2)(a)—
(a) interests regarding safety;
(b) interests regarding the range, availability, continuity, cost and quality of air traffic services.
(4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.
(5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must exercise its 1973 Act functions in the manner it thinks is reasonable having regard to the provisions of subsections (2) to (4) as a whole.
(6) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the performance by the CAA of its 1973 Act functions.'.
CAA's 1998 Act functions
Mr Secretary Prescott
NC12
To move the following Clause:—
' .—(1) For the purposes of this section the CAA's 1998 Act functions are the functions mentioned in subsection (3) of section 76 which, by virtue of that section, are functions of the CAA.
(2) In exercising its 1998 Act functions the CAA may (in particular) have regard to any matter which satisfies the following condition.
(3) The condition is that the matter is one to which, by virtue of section (CAA's 1973 Act functions), the CAA must have regard in exercising its 1973 Act functions (within the meaning of that section).'.
