Civil Aviation Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
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Power for aerodromes to establish noise control schemes
After section 38 of the Civil Aviation Act 1982 (c. 16) insert—
“38A
Noise control schemes
(1)
An aerodrome operator may establish and maintain a scheme (referred
to in this section and sections 38B and 38C below as a “noise control
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scheme”) for the purpose of avoiding, limiting or mitigating the effect
of noise connected with the taking off or landing of aircraft at the
aerodrome.
(2)
A noise control scheme may—
(a)
require operators of aircraft which are to take off or land at the
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aerodrome to secure that specified requirements are complied
with in relation to the aircraft after they take off, or before they
land, at the aerodrome;
(b)
prohibit aircraft of specified descriptions from taking off or
landing at the aerodrome during specified periods;
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(c)
specify the maximum number of occasions on which aircraft of
specified descriptions may take off or land at the aerodrome
during specified periods;
(d)
impose other restrictions for limiting the cumulative amount of
noise caused by aircraft of specified descriptions taking off or
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landing at the aerodrome during specified periods.

In this subsection “specified” means specified in the scheme.
(3)
A noise control scheme which contains—
(a)
provision under paragraph (c) of subsection (2) above, or
(b)
provision under paragraph (d) of that subsection which has the
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effect of limiting the number of occasions on which aircraft may
take off or land at the aerodrome during the periods specified
under that paragraph,

shall make provision for determining the matters mentioned in
subsection (4).
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(4)
The matters mentioned in this subsection are—
(a)
the persons who shall be entitled to arrange for aircraft of which
they are the operators to take off or land at the aerodrome
during the periods in question, and
(b)
as respects each of those persons, the number of occasions
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(whether determined by reference to a maximum number or
otherwise) on which aircraft of a particular description of which
he is the operator may take off or land at the aerodrome during
those periods.
(5)
Before making, amending or revoking any provision in a noise control
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scheme by virtue of subsection (3) above the aerodrome operator shall
consult any body appearing to it to be representative of operators of
aircraft using the aerodrome.
(6)
A noise control scheme may make provision as respects any period
even if that period is included in, or there is included in that period, any
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other period as respects which provision relating to the aerodrome is
made by the scheme.

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(7)
A noise control scheme may—
(a)
provide for circumstances in which the scheme (or any
provision of the scheme) is not to apply,
(b)
contain such incidental or supplementary provisions as the
aerodrome operator considers appropriate, and
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(c)
be amended or revoked by the aerodrome operator.
(8)
A noise control scheme shall not be established in relation to an
aerodrome which is designated for the purposes of section 78 of this
Act (and on such a designation coming into force in relation to an
aerodrome any noise control scheme which has effect in relation to the
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aerodrome shall cease to have effect).
(9)
The amendment or revocation of a noise control scheme, or its ceasing
to have effect by virtue of subsection (8) above, shall not affect the
validity of anything previously done under the scheme.
(10)
The powers conferred on an aerodrome operator by this section and
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sections 38B and 38C below are in addition to, and do not prejudice, any
other power of the aerodrome operator to take steps for the purpose of
avoiding, limiting or mitigating the effect of noise connected with the
taking off or landing of aircraft at the aerodrome.
(11)
In this section and sections 38B and 38C below “aerodrome operator”
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means a person owning or managing an aerodrome.
38B
Noise control schemes: supplementary
(1)
This section applies where a noise control scheme imposes
requirements under section 38A(2)(a) above in relation to aircraft
taking off or landing at an aerodrome.
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(2)
The requirements so imposed shall have effect in relation to such an
aircraft only—
(a)
while it is within such area as may be specified in relation to the
aerodrome by order made by the Secretary of State, or
(b)
if no area has been so specified, while it is within the area
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represented by a circle with a radius of 40 kilometres from the
centre of the longest runway at the aerodrome.
(3)
An area may be specified for the purposes of subsection (2)(a) above by
description, by reference to a map or in any other way.
(4)
No point in the area so specified may be more than 60 kilometres in a
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straight line from the centre of the longest runway at the aerodrome.
(5)
Before making an order under this section the Secretary of State shall
consult—
(a)
the CAA,
(b)
the aerodrome operator,
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(c)
the local authorities in whose areas the aerodrome (or any part
of it) is situated,
(d)
other local authorities whose areas are in the neighbourhood of
the aerodrome, and
(e)
other organisations representing the interests of persons
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concerned with the locality in which the aerodrome is situated.

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38C
Breaches of noise control schemes
(1)
This section also applies where a noise control scheme imposes
requirements under section 38A(2)(a) above in relation to aircraft
taking off or landing at an aerodrome.
(2)
The scheme may provide for the aerodrome operator to require the
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payment of a penalty if any such requirement is not complied with in
relation to an aircraft taking off or landing at the aerodrome.
(3)
Any such penalty shall be—
(a)
of an amount specified in the scheme, and
(b)
paid to the aerodrome operator by the operator of the aircraft in
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question.
(4)
The scheme shall afford the operator of the aircraft an opportunity to
make representations to the aerodrome operator with respect to the
matter either before or after the penalty is imposed.
(5)
If the scheme affords an opportunity to make representations after the
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penalty is imposed it shall provide for the aerodrome operator to cancel
the penalty if it considers it appropriate to do so having considered
those representations.
(6)
An aerodrome operator which receives penalties under a noise control
scheme shall make payments equal to the amount of those penalties for
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purposes which appear to it to be likely to be of benefit to persons who
live in the area in which the aerodrome is situated.”
Public airport companies
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Public airport companies: power of Secretary of State to specify additional
activities
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(1)
The Airports Act 1986 (c. 31) is amended as follows.
(2)
In section 17 (control over constitution and activities of public airport
companies) at the end add—
“(6)
In subsection (4)—
(a)
paragraph (a) does not apply in relation to any activity which is
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a permitted activity in relation to the company by virtue of
regulations under section 17A, and
(b)
paragraph (b) does not apply in relation to any activity which is
a permitted activity in relation to the subsidiary by virtue of any
such regulations.”
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(3)
After section 17 insert—
“17A
Additional activities of public airport companies
(1)
The Secretary of State may by regulations provide for any activity
specified in the regulations to be a “permitted activity” in relation to—
(a)
a public airport company, or
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(b)
a subsidiary of a public airport company,

for the purposes of section 17(6).

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(2)
Any activity so specified must be an activity which appears to the
Secretary of State to be incidental to or connected with carrying on the
business of operating an airport as a commercial undertaking.
(3)
Regulations under this section may provide for an activity to be a
permitted activity only if—
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(a)
it is carried on in such countries or territories as are specified in
the regulations;
(b)
any conditions as are so specified are complied with.
(4)
Such conditions may include, in particular, conditions requiring
agreements relating to the provision of services in the carrying on of the
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activity to include provision for the payment of proper commercial
charges in respect of those services.
(5)
Regulations under this section may be made so as to apply to—
(a)
public airport companies or subsidiaries of such companies
generally;
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(b)
public airport companies of a particular description or
subsidiaries of any such companies;
(c)
a particular public airport company;
(d)
subsidiaries, or a particular subsidiary, of a particular public
airport company;
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and may make different provision for different cases.
(6)
For the purposes of this section—
(a)
“activity” includes one that involves participating in, or making
financial contributions towards, an activity carried on by, or
jointly with, other persons; and
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(b)
“airport” is not limited to one operated by a public airport
company.
(7)
This section applies only in relation to—
(a)
public airport companies which are subsidiaries of controlling
authorities in England or Wales, or
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(b)
subsidiaries of such companies.”
Appeals in respect of route licences
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Removal of appeal to Secretary of State in respect of route licences
(1)
Section 69A of the Civil Aviation Act 1982 (c. 16) (regulation of carriage by air
by route licences) is amended as follows.
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(2)
In subsection (7), after paragraph (c) insert—
“(ca)
the following modifications relating to appeals—
(i)
the substitution in section 65(6), for paragraphs (a) to (c),
of the words “until the specified date (see section
69A(7A) below)”,
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(ii)
the substitution in section 66(5), for the words from
“before the expiration” onwards, of the words “before
the specified date (see section 69A(7B) below)”, and
(iii)
the omission of section 66(6)(a) and section 67(5);”.

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(3)
After subsection (7) insert—
“(7A)
For the purposes of section 65(6) as applied by subsection (6) above,
“the specified date” means—
(a)
such date as is specified by the CAA for those purposes when
giving its decision on the application in question, or
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(b)
such later date as the CAA may specify for those purposes in
accordance with subsection (7C) below.
(7B)
For the purposes of section 66(5) as applied by subsection (6) above,
“the specified date” means—
(a)
such date as is specified by the CAA for those purposes when
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giving its decision to revoke, vary or suspend the licence in
question, or
(b)
such later date as the CAA may specify for those purposes in
accordance with subsection (7C) below.
(7C)
Where the CAA has specified a date as mentioned in subsection (7A)(a)
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or (7B)(a) above, it may (on one or more occasions) specify a later date
for the purposes mentioned in that subsection if the holder of the
licence in question—
(a)
makes an application to the CAA for it to specify such a date,
and
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(b)
does so before the date that is currently specified for those
purposes.”
(4)
In regulation 27(1) of the Civil Aviation Authority Regulations 1991 (S.I. 1991/
1672) (appeals to the Secretary of State), omit “or a route licence”.
(5)
The amendments made by this section do not affect any appeal of which notice
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is served in accordance with regulation 27 of the Civil Aviation Authority
Regulations 1991 before the coming into force of this section.
Health
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Functions with respect to health
(1)
The Civil Aviation Act 1982 (c. 16) is amended as follows.
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(2)
After section 1(1) (functions of Secretary of State) insert—
“(1A)
The Secretary of State shall also be charged with the general duty of
organising, carrying out and encouraging measures for safeguarding
the health of persons on board aircraft.”
(3)
In section 3(c) (functions of CAA) after “airworthiness),” insert “the health of
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persons on board aircraft,”.
(4)
In section 16 (provision by CAA of assistance for Secretary of State and
others)—
(a)
after subsection (1) insert—
“(1A)
A requirement imposed under subsection (1) to provide advice
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and assistance in connection with any function may be
expressed so as to operate as a continuing requirement on the
CAA to provide advice and assistance in connection with that
function.”; and

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(b)
after subsection (4) insert—
“(4A)
Subsections (3) and (4) above do not apply in relation to advice
or assistance given in connection with the Secretary of State’s
function under section 1(1A) above.”
(5)
In section 60 (power to make air navigation orders) after subsection (3)(h)
5
insert—
“(ha)
for safeguarding the health of persons on board aircraft;”.
Documentary evidence
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Documentary evidence: updating of references
(1)
Section 96 of the Civil Aviation Act 1982 (c. 16) (use of records and
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documentary evidence) is amended as follows.
(2)
In subsection (1), for paragraph (b) substitute—
“(b)
a document printed by or on behalf of the CAA and purporting
to be one of the elements of the United Kingdom’s Integrated
Aeronautical Information Package,”.
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Air Travel Trust
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Funding of Air Travel Trust by contributions paid by air travel organisers
After section 71 of the Civil Aviation Act 1982 insert—
“71A
Contributions by licence holders to Air Travel Trust
(1)
The Secretary of State may by regulations make provision for and in
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connection with requiring persons applying for licences by virtue of section 71
above to make contributions to the Air Travel Trust in relation to the periods
for which their licences are to be issued.
(2)
The regulations may, in particular, make provision—
(a)
prescribing the factors by reference to which such contributions
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are to be calculated by the CAA (other than the rate by reference
to which they are to be so calculated);
(b)
authorising the CAA, with the approval of the Secretary of State
and after complying with prescribed consultation
requirements, to set in respect of different descriptions of
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persons the rates by reference to which such contributions are
to be calculated and the dates from which those rates are to have
effect;
(c)
requiring contributions to be paid, or undertakings as to
payment of contributions to be given, in advance of licences
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being issued;
(d)
requiring licence holders to pay additional amounts by way of
contributions where the applicable contribution rate increases
during the term of their licences;
(e)
requiring additional amounts to be paid by way of
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contributions, or undertakings as to the payment of such
amounts to be given, in advance of licences being varied;

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(f)
for the CAA, in accordance with the regulations, to reimburse to
persons, or credit persons with, amounts paid by them by way
of contributions (and for the CAA to exercise in that connection
such discretion as is conferred by the regulations);
(g)
for contributions that are not paid in accordance with the
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regulations or any undertaking as to payment to bear interest at
the rate specified in the regulations, and for such contributions
and interest to be recoverable as debts due to the Air Travel
Trust;
(h)
for the CAA to act as the agent of the trustees of the Air Travel
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Trust in collecting and recovering contributions, and for the
reimbursement of costs incurred by the CAA in so acting;
(i)
for the CAA, after complying with prescribed consultation
requirements, to suspend, either generally or in relation to any
description of persons, the requirement to make contributions
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in respect of a period;
(j)
for the CAA to exempt persons, or descriptions of persons, from
the requirement to make contributions on such conditions as
the CAA, after consulting the Secretary of State, thinks fit;
(k)
for requiring the CAA to publish prescribed matters in the
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prescribed manner;
(l)
for creating criminal offences to be triable summarily and
punishable with a fine not exceeding level 5 on the standard
scale or such lower amount as is prescribed.
(3)
Regulations under section 71 above may authorise the CAA—
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(a)
to refuse to issue a licence to a person,
(b)
to refuse to vary a licence held by a person, or
(c)
to vary, suspend or revoke a licence held by a person,

where that person has failed to comply with a prescribed requirement
of regulations under this section or has breached an undertaking given
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as mentioned in subsection (2)(c) or (e) above.
(4)
Section 4 above does not apply in relation to any functions conferred on
the CAA by regulations under this section.
(5)
In this section and section 71B below the “Air Travel Trust” means the
trust established by that name by a deed dated 5th January 2004 and
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made between the Secretary of State for Transport and the persons
described as the Original Trustees.
71B
Procedure relating to regulations under section 71A
(1)
Before making any regulations under section 71A above, the Secretary
of State must consult the CAA and the trustees of the Air Travel Trust.
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(2)
Before responding to the consultation, the CAA must consult the
following persons so far as it considers it reasonably practicable to do
so—
(a)
persons who hold licences by virtue of section 71 above, and
(b)
any other person or body appearing to it to have an interest in
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the matter.”