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

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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).'.


Exercise of powers, duties, and functions under Part I

   

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

NC27

To move the following Clause:—

    'The powers, duties and functions given or imposed on the Secretary of State or the CAA in sections 1, 2, 38, 49, 80, 81, (Disposal of shareholding in the designated company) and (Orders for possession of aerodromes, etc.) may be exercised or fulfilled notwithstanding anything contained in the European Communities Act 1972 as subsequently amended.'.


OTHER 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;

      (b) the CAA.'.


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).'.


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

      (c) the reasons for giving the direction.

    (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

      (b) would not be remedied or prevented by the modifications set out in the notice under section 13 and not specified under section (Commission's power to give direction)(2)(b).

    (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

      (c) consider any representations made in accordance with the notice (and not withdrawn).

    (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.'.

 
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