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

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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;

      (c) provision requiring the CAA in specified circumstances to refer specified matters to the Secretary of State.

    (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.'.


Penalties for deviation from approved routes

   

Mr Graham Brady

NC13

To move the following Clause:—

    'The Secretary of State may make regulations allowing an airport operator to apply penalties to the operators of air services when those services deviate from approved corridors or routes for take off or landing.'.


AMENDMENTS RELATING TO PART I

   

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

382

Page     1,     line     10     [Clause     1],     at beginning insert—'Notwithstanding anything in the European Communities Act 1972 as subsequently amended,'.

   

Mr Brian Donohoe
Mrs Gwyneth Dunwoody

147

Page     1,     line     14     [Clause     1],     at end insert—

      '(aa) to ensure that air traffic services are not provided or managed in a manner which might prejudice the national security of the United Kingdom;'.

   

Mr Secretary Prescott

12

Page     1,     line     24     [Clause     1],     after 'the' insert 'range,'.

   

Mr Secretary Prescott

13

Page     1,     line     25     [Clause     1],     at end insert—

    '(2A) The reference in subsection (1)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.'.

   

Mr Secretary Prescott

14

Page     1,     line     27     [Clause     1],     leave out 'and (2)' and insert 'to (2A)'.


   

Mr Secretary Prescott

15

Page     2,     line     1     [Clause     1],     leave out 'and (2)' and insert 'to (2A)'.

   

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

383

Page     2,     line     5     [Clause     2],     at beginning insert—'Notwithstanding anything in the European Communities Act 1972 as subsequently amended,'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

391

Page     2,     line     10     [Clause 2],     leave out 'licence holders' and insert 'the licence holder'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

392

Page     2,     line     11     [Clause 2],     leave out 'licence holders' and insert 'the licence holder'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

393

Page     2,     line     19     [Clause 2],     leave out 'licence holders' and insert 'the licence holder'.

   

Mr Secretary Prescott

16

Page     2,     line     25     [Clause     2],     after 'the' insert 'range,'.

   

Mr Secretary Prescott

17

Page     2,     line     26     [Clause     2],     at end insert—

    '(2A) The reference in subsection (1)(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.'.

   

Mr Secretary Prescott

18

Page     2,     line     28     [Clause     2],     leave out 'and (2)' and insert 'to (2A)'.

   

Mr Secretary Prescott

19

Page     2,     line     30     [Clause     2],     leave out 'and (2)' and insert 'to (2A)'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

394

Page     2,     line     44     [Clause 3],     leave out 'a' and insert 'the'.


   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

395

Page     3,     line     1     [Clause 3],     leave out second 'a' and insert 'the'.

   

Mr Secretary Prescott

374

Page     3,     line     5     [Clause     3],     at end insert—

    '( ) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 64(1).'.

 
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