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Make further provision about civil aviation, including provision about the |
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funding of the Air Travel Trust; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Noise, vibration and emissions |
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1 | Aerodrome charges: noise and emissions |
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For section 38 of the Civil Aviation Act 1982 (c. 16) substitute— |
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“38 | Aerodrome charges: noise and emissions |
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(1) | Without prejudice to any power of any aerodrome authority to enter |
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into an agreement on such terms as it thinks fit, an aerodrome authority |
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may, for the purposes mentioned in subsection (2) below, fix its charges |
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in respect of an aircraft or a class of aircraft by reference (among other |
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(a) | any fact or matter relevant to the amount of noise caused by the |
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aircraft or the extent or nature of any inconvenience resulting |
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(b) | any fact or matter relevant to the amount or nature of emissions |
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produced by the aircraft or the extent or nature of any |
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atmospheric pollution resulting from such emissions; |
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(c) | any fact or matter relevant to the effect of the aircraft on the |
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level of noise or atmospheric pollution at any place in or in the |
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vicinity of the aerodrome; |
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(d) | any failure by the operator of the aircraft to secure that any |
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noise or emissions requirements applying to the aircraft are |
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(2) | The purposes mentioned in this subsection are— |
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(a) | in relation to paragraph (a) of subsection (1) above, encouraging |
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the use of quieter aircraft and reducing inconvenience from |
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(b) | in relation to paragraph (b) of that subsection, encouraging the |
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use of aircraft which produce lower emissions of any substance |
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which contributes to atmospheric pollution; |
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(c) | in relation to paragraph (c) of that subsection, controlling the |
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level of noise or atmospheric pollution in or in the vicinity of the |
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aerodrome so far as attributable to aircraft taking off or landing |
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(d) | in relation to paragraph (d) of that subsection, promoting |
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compliance with noise or emissions requirements. |
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| In paragraph (b) above “substance” includes a substance in solid or |
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liquid form or in the form of a gas or vapour. |
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(3) | In subsection (1)(d) above “noise or emissions requirements” means |
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requirements imposed in relation to aircraft taking off or landing at the |
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aerodrome, which are either— |
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(a) | requirements imposed under section 78 below for the purpose |
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of limiting, or mitigating the effect of, noise caused by such |
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(b) | requirements imposed by the aerodrome authority (otherwise |
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than under that section) for the purpose of limiting, or |
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mitigating the effect of, noise caused by, or emissions produced |
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(4) | The Secretary of State may by order direct specified aerodrome |
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authorities to fix their charges in exercise of any power conferred by |
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subsection (1) above; and any such order may contain directions as to |
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the manner in which those charges are to be so fixed. |
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(5) | This section has effect subject to any provision relating to the use of, or |
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charges for the use of, aerodromes which is made by or under any other |
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“aerodrome authority” means a person owning or managing an |
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aerodrome licensed under an Air Navigation Order; and |
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“charges”, in relation to an aerodrome authority, means the |
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charges the authority makes for the use of an aerodrome so |
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licensed which is owned or managed by the authority.” |
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2 | Regulation by Secretary of State of noise and vibration from aircraft |
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(1) | Section 78 of the Civil Aviation Act 1982 (c. 16) (regulation by Secretary of State |
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of noise and vibration from aircraft) is amended as follows. |
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(2) | In subsection (3) for “limit the number of occasions on which they may take off |
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or land,” substitute “impose limits or other restrictions relating to aircraft |
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(3) | For paragraph (c) of that subsection substitute— |
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“(ba) | impose other restrictions for limiting cumulative amounts of |
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noise and vibration caused by aircraft of descriptions so |
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specified taking off or landing at the aerodrome (otherwise than |
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as aforesaid) during periods so specified; |
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(c) | determine the matters mentioned in subsection (3A) below in |
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(i) | periods specified in a notice under paragraph (b) above; |
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(ii) | periods specified in a notice under paragraph (ba) above |
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during which the number of aircraft which may take off |
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or land at the aerodrome is limited by virtue of the |
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(4) | After that subsection insert— |
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“(3A) | The matters mentioned in this subsection are— |
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(a) | the persons who shall be entitled to arrange for aircraft of which |
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they are the operators to take off or land at the aerodrome |
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during the periods in question, and |
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(b) | as respects each of those persons, the number of occasions |
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(whether determined by reference to a maximum number or |
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otherwise) on which aircraft of a particular description of which |
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he is the operator may take off or land at the aerodrome during |
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(5) | After subsection (6) insert— |
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“(6A) | Directions under subsection (6) above may be given for the purpose of |
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avoiding, limiting, or mitigating the effect of, such noise and vibration |
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(b) | in any particular area or areas.” |
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(a) | in paragraph (i) for the words from “not exceeding” to “; and” |
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substitute “not exceeding level 5 on the standard scale; and”, and |
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(b) | in paragraph (ii) for “to be fined accordingly” substitute “on summary |
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conviction to a fine not exceeding 10% of level 5 on the standard scale”. |
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3 | Power for aerodromes to establish penalty schemes |
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After section 78 of the Civil Aviation Act 1982 (c. 16) insert— |
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(1) | The person for the time being managing an aerodrome (referred to in |
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this section and section 78B below as the “relevant manager”) may |
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establish and maintain a penalty scheme. |
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(2) | In this section and section 78B below “penalty scheme” means a scheme |
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which requires a penalty to be paid if any requirement imposed under |
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section 78(1) above in relation to an aircraft taking off or landing at the |
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aerodrome is not complied with. |
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(3) | Any such penalty shall be— |
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(a) | of an amount specified in the scheme, and |
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(b) | paid to the relevant manager by the operator of the aircraft in |
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(4) | The penalty scheme shall afford the operator of the aircraft an |
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opportunity to make representations to the relevant manager with |
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respect to the matter either before or after the penalty is imposed. |
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(5) | If the scheme affords an opportunity to make representations after the |
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penalty is imposed, it shall provide for the relevant manager to cancel |
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the penalty if he considers it appropriate to do so having considered |
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(6) | A penalty scheme may— |
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(a) | contain such incidental or supplementary provisions as the |
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relevant manager considers appropriate, and |
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(b) | be amended or revoked by the relevant manager. |
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(7) | The amendment or revocation of a penalty scheme shall not affect the |
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validity of anything previously done under the scheme. |
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(8) | A relevant manager who receives penalties under a penalty scheme |
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shall make payments equal to the amount of those penalties for |
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purposes which appear to him to be likely to be of benefit to persons |
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who live in the area in which the aerodrome is situated. |
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78B | Direction to establish, amend or revoke penalty scheme |
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(1) | The Secretary of State may direct a specified relevant manager— |
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(a) | to establish a penalty scheme, or |
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(b) | to amend or revoke a penalty scheme. |
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(2) | The Secretary of State shall publish any direction given under |
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subsection (1) above in such manner as appears to him to be |
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(3) | A direction under subsection (1) above which requires a relevant |
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manager to establish or amend a penalty scheme may include |
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directions as to the provisions which are to be included in the scheme. |
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(4) | Before giving a direction under subsection (1) above the Secretary of |
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(a) | the relevant manager, and |
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(b) | any body appearing to him to be representative of operators of |
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aircraft using the aerodrome in question. |
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(5) | If a relevant manager fails to comply with a direction given to him |
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under subsection (1) above he shall— |
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(a) | be guilty of an offence and liable on summary conviction to a |
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fine not exceeding level 5 on the standard scale, and |
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(b) | if the failure continues after his conviction of an offence under |
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this subsection arising from the failure, be guilty of a separate |
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offence under this subsection on each day on which the failure |
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continues thereafter and be liable on summary conviction to a |
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fine not exceeding 10% of level 5 on the standard scale.” |
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