Vote Bundle Text (900505-02)

Amendments proposed to the Transport Bill, As Amended - continued	House of Commons

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Commission's power to give direction

Mr Secretary Prescott

NC20

To move the following Clause:—

' .—(1) This section applies if the Competition Commission is given notice under section 13.

(2) Within the permitted period the Commission may give a direction to the CAA—

(a) not to make the modifications set out in the notice, or

(b) not to make such of those modifications as are specified in the direction.

(3) But the Commission may give a direction only if it thinks the modifications concerned are not appropriate to remedy or prevent the adverse effects specified in the Commission's report on the reference under section 11.

(4) If the Commission gives a direction it must—

(a) publish a notice in such manner as the Commission thinks appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by the direction, and

(b) serve a copy of the notice on the licence holder.

(5) The notice must set out—

(a) the modifications set out in the notice given under section 13,

(b) the direction, and

(6) If the permitted period expires without a direction being given under subsection (2) the CAA must make the modifications set out in the notice given under section 13.

(7) If within the permitted period a direction is given under subsection (2)(b) the CAA must make the modifications which are—

(a) set out in the notice given under section 13, and

(b) not specified in the direction.

(8) As soon as practicable after making modifications under this section the CAA must send a copy of them to the licence holder and a copy to the Secretary of State.

(9) The permitted period is the period of four weeks starting with the day the Commission is given notice under section 13.

(10) But if within that period—

(a) the Commission applies to the Secretary of State to extend it to six weeks, and

(b) he directs that it is to be so extended,

the permitted period is the period of six weeks starting with the day the Commission is given notice under section 13.'.

Position where Commission gives direction

Mr Secretary Prescott

NC21

To move the following Clause:—

' .—(1) This section applies if the Competition Commission gives a direction under section (Commission's power to give direction)(2).

(2) If the direction is given under section (Commission's power to give direction)(2)(a) the Commission may itself make such modifications of the conditions of the licence as it thinks are needed to remedy or prevent the adverse effects specified in the Commission's report on the reference under section 11.

(3) If the direction is given under section (Commission's power to give direction)(2)(b) the Commission may itself make such modifications of the conditions of the licence as it thinks are needed to remedy or prevent such of the adverse effects as—

(a) are specified in the Commission's report on the reference under section 11, and

Commission's power to give direction

(4) Before making modifications under this section the Commission must—

(a) publish a notice in such manner as the Commission thinks appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by the making of the modifications,

(b) serve a copy of the notice on the licence holder and a copy on the CAA, and

(5) The notice must—

(a) state that the Commission proposes to make the modifications and state their effect and the reasons for so proposing, and

(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed modifications.

(6) As soon as practicable after making modifications under this section the Commission must send a copy of them to the licence holder, a copy to the Secretary of State and a copy to the CAA.'.

Directions: further provision

Mr Secretary Prescott

NC22

To move the following Clause:—

' .—(1) Directions under section 64(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.

(2) The provision may include—

(a) provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;

(b) provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;

(3) If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c), he may give such directions to the CAA as he thinks fit.'.

Information for purposes of Chapter III

Mr Secretary Prescott

NC23

To move the following Clause:—

' .—(1) The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—

(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or

(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2) A requirement may be made under subsection (1)(b) only if the person is carrying on a business.

(3) No person may be required under this section—

(a) to produce documents which he could not be compelled to produce in civil proceedings in the court;

(b) to supply information which he could not be compelled to supply in such proceedings.

(4) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under subsection (1) the court may on the CAA's application make such order as the court thinks fit for requiring the default to be made good.

(7) An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(8) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

(9) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(10) A reference to the court is to—

(a) the High Court in relation to England and Wales or Northern Ireland;

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

General duty

Mr Secretary Prescott

NC24

To move the following Clause:—

' .—(1) The CAA must exercise its air navigation functions in the manner it thinks best calculated—

(a) to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;

(b) to satisfy the requirements of operators and owners of all classes of aircraft;

(c) to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;

(d) 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;

(e) to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;

(f) to take account of the interests of national security;

(g) 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);

(h) to impose on providers of air traffic services the minimum restrictions which are consistent with the requirements of the above paragraphs.

(2) If in a particular case there is a conflict in the application of the provisions of subsection (1), in relation to that case the CAA must exercise its air navigation functions in the manner it thinks is reasonable having regard to the provisions of subsection (1) as a whole.

(3) 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 air navigation functions.'.

Interpretation

Mr Secretary Prescott

NC25

To move the following Clause:—

' .—(1) This section applies for the purposes of this Chapter.

(2) The CAA's air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 64(1).

(3) These are managed areas—

(a) the United Kingdom;

(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services.'.