S.C.B.
Amendment Paper as at
Tuesday 5th July 2005
STANDING COMMITTEE B
CIVIL AVIATION BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [4th July 2005].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 4th July (Standing Order No. 83C):
That—
(1) during proceedings on the Civil Aviation Bill the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 5th July) meet—
| (a) | at 4.00 p.m. on Tuesday 5th July; and |
| (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 7th July; |
(2) the proceedings shall be taken in the following order, namely, Clauses 1 to 12, the Schedule, Clause 13, new Clauses and new Schedules, remaining proceedings on the Bill;
(3) proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 7th July.
Ms Karen Buck has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Mr Julian Brazier
1
Clause 1, page 1, line 7, leave out 'may' and insert 'shall'.
Tom Brake
Dr John Pugh
16
Clause 1, page 1, line 13, after 'emissions', insert ', including greenhouse gases,'.
Tom Brake
Dr John Pugh
17
Clause 1, page 1, line 15, after 'pollution', insert 'and/or climate change'.
Tom Brake
Dr John Pugh
18
Clause 1, page 2, line 6, at end insert 'and/or climate change'.
Mr Julian Brazier
Mr Peter Atkinson
2
Clause 1, page 2, line 9, leave out 'attributable' and insert 'directly related'.
Mr Julian Brazier
Mr Peter Atkinson
3
Clause 1, page 2, line 24, at end insert—
| (a) | The Secretary of State shall report on the effectiveness of any charges made under subsection (1) in reducing noise and emissions. |
| (b) | The first report under this section shall be in respect of the period of twelve months beginning with the passing of this Act. |
| (c) | Subsequent reports under this section shall be in respect of the period of twelve months beginning with the end of the previous reporting period. |
| (d) | Any report made under this section shall specify the sources of information used in its compilation. |
| (e) | The Secretary of State shall— |
| (i) | lay a copy of each report under this section before each House of Parliament, and |
| (ii) | publish each such report in such manner as he thinks fit. |
(3B) The Secretary of State shall, by regulation, following the publication of each report made under subsection (3B), set targets for emissions and noise reductions by aerodrome authorities for the following twelve month period.'.
Mr Julian Brazier
Mr Peter Atkinson
4
Clause 1, page 2, line 25, leave out 'specified' and insert 'designated and non-designated'.
Mr Julian Brazier
Mr Peter Atkinson
15
Clause 1, page 2, line 31, at end insert—
'(5A) Aerodrome authorities, both designated and non-designated, shall publish details of any charges made under subsection (1) for the purposes set out in subsection (2).
(5B) Aerodrome authorities which make charges under subsection (1) shall be under a duty to—
| (a) | monitor emissions and noise levels on an annual basis; |
| (b) | publish annual figures for pollution and noise levels; and |
| (c) | publish a statement of intent as to what levels of emissions and noise can be expected for the following twelve month period and what actions they intend to take to reduce noise and pollution levels. |
(5C) Airlines may appeal to the Secretary of State against any charge made by an aerodrome authority under subsection (1).'.
Tom Brake
Dr John Pugh
29
Clause 1, page 2, line 31, at end insert—
'(5A) The Secretary of State shall, by regulation, set targets for the reduction of noise and emissions by aerodrome authorities, using charges made under subsection (1), within a twelve month period following the passing of this Act.
(5B) Targets made under subsection (5A) shall be revised downwards annually thereafter.'.
Justine Greening
Tom Brake
14
Clause 2, page 2, line 41, leave out subsection (2).
Mr Julian Brazier
Mr Peter Atkinson
35
Clause 2, page 2, line 43, at end insert ', and may also issue penalties on aircraft, otherwise legally permitted to take off or land, which exceed the maximum take-off noise limits, specified by the Secretary of State,'.
Tom Brake
Dr John Pugh
30
Clause 2, page 3, line 30, leave out '10%' and insert '20%'.
Mr Julian Brazier
Mr Peter Atkinson
5
Clause 3, page 3, line 33, leave out from beginning to end of line 41 on page 4.
Mr Julian Brazier
Mr Peter Atkinson
6
Clause 3, page 3, line 34, leave out subsection (1) and insert—
'(1) The Secretary of State shall establish an independent body to establish and monitor the effectiveness of a penalty scheme.'.
Tom Brake
Dr John Pugh
19
Clause 3, page 3, line 34, leave out subsection (1) and insert—
'(1) A competent authority established in accordance with this section (referred to in this section and section 78B below as the "competent authority") shall have the power to set maximum departure and arrival noise limits for aircraft and to determine and collect penalties from aircraft operators who exceed these limits.'.
Mr Julian Brazier
Mr Peter Atkinson
34
Clause 3, page 3, line 40, at end insert 'or for an airline operator whose aircraft fail to observe established procedures for take-off and the continuous descent approach (CDA) for landing.'.
Tom Brake
Dr John Pugh
20
Clause 3, page 3, line 43, leave out 'relevant manager' and insert 'competent authority'.
Tom Brake
Dr John Pugh
21
Clause 3, page 4, line 2, leave out 'relevant manager' and insert 'competent authority'.
Tom Brake
Dr John Pugh
22
Clause 3, page 4, line 5, leave out 'relevant manager' and insert 'competent authority'.
Tom Brake
Dr John Pugh
23
Clause 3, page 4, line 11, leave out 'relevant manager' and insert 'competent authority'.
Tom Brake
Dr John Pugh
24
Clause 3, page 4, line 14, leave out 'relevant manager' and insert 'competent authority'.
Mr Julian Brazier
Mr Peter Atkinson
7
Clause 3, page 4, line 16, leave out from 'which' to end of line 17 and insert 'directly benefit those who live in the area, or under the flight path, in which the aerodrome is situated 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
8
Clause 3, page 4, line 17, after 'area', insert ', or under the flight path,'.
Mr Julian Brazier
Mr Peter Atkinson
9
Clause 3, page 4, line 17, at end insert 'and shall produce accounts listing where, when and how said money has been spent, and will place these accounts in the public domain.'.
Tom Brake
Dr John Pugh
31
Clause 3, page 4, line 17, at end insert 'and which appear to him to be likely to mitigate noise or environmental disturbance for persons who are affected by the relevant operations.'.
Tom Brake
Dr John Pugh
32
Clause 3, page 4, line 17, at end insert—
'(9) The relevant manager shall—
| (a) | consult any body appearing to him to be representative of the operators of aircraft using the aerodrome, regarding the measures taken by operators to comply with the requirements; |
| (b) | consult any body appearing to him to be representative of persons who are affected by the operations of the aerodrome, regarding the beneficiaries of the payments; and |
| (c) | publish an annual report showing the penalties received from operators of aircraft using the aerodrome in question and every payment made under the scheme.'. |
Mr Julian Brazier
Mr Peter Atkinson
36
Clause 3, page 4, line 17, at end insert—
'(9) Before establishing a penalty scheme under subsection (1), and at annual intervals thereafter, the relevant manager shall—
| (a) | take account of the impact of breaches and the measures taken by operators to comply with the requirements; and |
| (b) | consult any person or body appearing to him to be representative of operators of aircraft using the aerodrome in question.'. |
