Vote Bundle Text (950701-02)

Amendments proposed to the Civil Aviation Bill - continued	House of Commons

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Tom Brake
Dr John Pugh

*Clause 3, page 4, line 30, leave out 'relevant manager' and insert 'competent authority'.

Tom Brake
Dr John Pugh

*Clause 3, page 4, line 33, leave out 'relevant manager' and insert 'competent authority'.

Mr Julian Brazier
Mr Peter Atkinson

*Clause 4, page 7, line 21, leave out from 'which' to end of line 22 and insert 'directly benefit those who live in the area, or under the flightpath, in which the aerodrome is situated and which appear likely to mitigate noise disturbance for persons who are affected by the relevant operations, and shall seek the advice and consent of the airport's consultative committee before any such spending takes place.'.

Mr Julian Brazier
Mr Peter Atkinson

*Clause 4, page 7, line 22, after 'area', insert ', or under the flight path,'.

Mr Julian Brazier
Mr Peter Atkinson

*Clause 4, page 7, line 22, at end add 'and shall produce accounts listing where, when and how said money has been spent and shall publish these accounts.'.

Graham Stringer

Clause 5, page 7, line 38, leave out 'may' and insert 'shall'.

Graham Stringer

Clause 5, page 8, line 1, leave out from 'activity' to 'incidental'.

Graham Stringer

Clause 5, page 8, line 4, leave out 'may' and insert 'shall'.

Graham Stringer

Clause 5, page 8, line 9, leave out 'may' and insert 'shall'.

Tom Brake
Dr John Pugh

*Clause 9, page 11, line 46, at end insert—

'71C Contributions by air passengers to Air Travel Trust

(1) There shall be a levy to be known as the Air Passenger Levy which shall be charged on the carriage on a chargeable aircraft of any chargeable passenger.

(2) Every passenger on an aircraft is a chargeable passenger for the purposes of this section, if his flight begins at an airport in the United Kingdom.

(3) The air passenger levy shall be charged on the carriage of each chargeable passenger.

(4) The Secretary of State shall set the rate of the charge for each chargeable passenger by regulation.

(5) The Secretary of State may, by regulation, make provision for, and in connection with, requiring operators of aircraft to pay the air passenger levy to the Air Travel Trust.'.

NEW CLAUSES

Responsibility of airlines for health, welfare and well-being of passengers

John Smith

NC1

To move the following Clause:—'After section 84 of the Civil Aviation Act 1982 (c.16) insert—

"84A Responsibility for health, welfare and well-being of passengers

(1) It shall be the responsibility of airlines to which this section applies, so far as is reasonably practicable, to protect and promote the health, welfare and well-being of their passengers.

(2) The general responsibility to protect and promote the health, welfare and well-being of passengers includes particular responsibilities—

(a)	to seek to prevent the occurrence or unnecessary aggravation of any injury, illness or disease;

(b)	for the mental and psychological health, welfare and well-being of passengers;

(c)	for the provision and maintenance of equipment that is, so far as is reasonably practicable, safe and without risks to the health, welfare and well-being of passengers;

(d)	for the provision of such information, instruction. training and supervision to staff as is necessary to protect and promote the health, welfare and well-being of passengers; and

(e)	for the provision of such information and instruction to passengers as is necessary to protect and promote their health, welfare and well being.

84B Responsibility for health, welfare and well-being of passengers: supplementary

(1) Subject to the provision of subsection (2) section 84A applies to—

(a)	all carriers to whom the Warsaw Convention as amended at The Hague, 1955 (hereafter "the Convention") applies by virtue of Schedule 1 to the Carriage by Air Act 1961 (hereafter "the 1961 Act"); and

(b)	all carriers to whom Schedule 1 to the 1961 Act applied by virtue of an Order in Council made under section 10 of that Act (application to carriage by air not governed by Convention).

(a)	that carriage takes place in pursuance of a duty or a commitment as a member of the armed forces, and

(b)	the whole capacity of the aircraft has been reserved for such carriage.

84C Responsibility for health, welfare and well-being of passengers: liability

Where an airline to which section 84A has negligently failed to comply with the responsibility specified the airline shall be liable in respect of damages arising from such negligent failure.

84D Responsibility for health, welfare and well-being of passengers: amendments of the Carriage by Air Act 1961

(1) The 1961 Act shall be amended as follows.

(2) After section 1(1A) (Convention to have force of law), there shall be inserted—

"(1B) Where the provisions of the Convention conflict with the provisions of the Aviation Health Act 2003, the provisions of the Convention shall not have the force of law.

(3) In section 4(1) (limitation of liability), after the word "enforced", there shall be inserted "other than proceedings in respect of a liability under section 4 of the Aviation Health Act 2003.".'.

Retention of data by National Air Traffic Services

Mr Julian Brazier
Mr Peter Atkinson

NC2

To move the following Clause:—

'(1) The Secretary of State shall, in the period of twelve months beginning with the passing of this Act, establish a duty for the National Air Traffic Services (NATS) to retain all details on air traffic movements, including aircraft type, operator, time of flight, route of origin and destination and all other relevant information, and keep said data for a period no less than six months.

(2) NATS shall be required under the provisions of subsection (1) to disclose all information thereby retained to members of the public, within a two week period commencing with the date of the inquiry.'.

Establishment of an independent noise monitoring authority

Tom Brake
Dr John Pugh

NC3

*To move the following Clause:—

'(1) The Secretary of State shall have the power to require any competent authority to monitor and report on noise levels at airports for the purpose of providing independent noise monitoring.'.

Establishment of independent consultative facilities

Tom Brake
Dr John Pugh

NC4

*To move the following Clause:—

'For section 35 of the Civil Aviation Act 1982 (c.16) (facilities for consultation at certain aerodromes) substitute—

(a)	users of the aerodrome,

(b)	relevant local authorities, and

(c)	for any other organisation representing the interests of persons concerned with the locality in which the aerodrome is situated,

a committee for consultation with respect to any matter concerning the management or administration of the aerodrome which affects their interests.

(2) The chairperson of any committee establishment under subsection (1) shall be independent.

(3) The local authority shall publish the minutes of all meetings held by a committee established under section (1).".'.

Provision for reporting to the CAA of emissions of carbon dioxide of all aircraft departing from UK aerodromes

Tom Brake
Dr John Pugh

NC5

*To move the following Clause:—

'(1) For the purposes of monitoring the emissions of carbon dioxide from aircraft operating in or out of the United Kingdom, the Secretary of State shall by regulation require all aerodrome authorities to report annually on the emissions of carbon dioxide from all commercial flights, both domestic and international, departing from aerodromes within the United Kingdom.

(2) The reporting of carbon dioxide emissions to the aerodrome authorities at the airport of departure shall be a requirement of all aircraft operators without prejudice to nationality.

(3) The reporting of emissions by aircraft operators specified in clause (2) shall be calculated on the basis of the total fuel used on each departing flight over the length of the route, to be multiplied by a standard emissions factor to be established by regulation.'.

Reduction of noise targets

Mr Julian Brazier
Mr Peter Atkinson

NC6

*To move the following Clause:—

'The Secretary of State shall review no less than every 5 years, the maximum noise limits on aircraft taking off from designated airports and shall take account of the target of reducing the perceived external noise of new aircraft by 50% by 2020 compared to 2000.'.

Consultative committees

Mr Julian Brazier
Mr Peter Atkinson

NC7

*To move the following Clause:—

'(1) The Secretary of State shall, by regulation, establish a system for the independent monitoring of consultative committees established under section 35 of the Civil Aviation Act 1982 (c. 16), to ensure that—

(a)	Department of Transport guidelines on consultative committees are produced pursuant to section 35 of the 1982 Act,

(b)	fair representation of the full range of local interests, providing that does not make the committee of a size that it precludes it from functioning effectively, and

(c)	the appointment of the chairman and secretary of the committee are sufficiently independent.'.

ORDER OF THE HOUSE [27th JUNE 2005]

That the following provisions shall apply to the Civil Aviation Bill:

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 7th July 2005.

3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.




©Parliamentary copyright 2005	Prepared 1 Jul 2005