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 (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 IExceptions
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
(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
(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)
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
(2) Directions under this section may be given to
(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
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
(3) These interests are the only ones to be considered under subsection (2)(a)
(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
(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
(5) The notice must set out
(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
(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
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
(4) Before making modifications under this section the Commission must
(5) The notice must
(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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