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| (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). |
(2) Section 84A shall not apply to the carriage of members of the armed forces where—
| (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. |
(3) In this section "members of the armed forces" means all persons within the meanings of the "regular services" or of the "reserve forces" given in section 127 of the Reserve Forces Act 1996 (c.14) (interpretation).
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 this Act, 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 Civil Aviation Act 2005.".'.
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—
"(1) At all aerodromes the local authority shall establish a committee including representatives of—
| (a) | users of the aerodrome, |
| (b) | relevant local authorities, and |
| (c) | any other organisation representing the interests of persons concerned with the locality in which the aerodrome is situated, |
- for the purpose of consultation with respect to any matter concerning the management or administration of the aerodrome which affects their interests.
(2) The chairperson of any committee established 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 United Kingdom 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—
| (a) | that 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) | that the appointment of the chairman and secretary of the committee are sufficiently independent.'. |
Duty to report on the transfer of powers from the CAA to the European Aviation Safety Agency (EASA)
Mr Julian Brazier
Mr Peter Atkinson
NC8
To move the following Clause:—
- 'After section 61 of the Civil Aviation Act 1982 (c.16) insert—
"61A Duty to report on the transfer of powers from the CAA to the European Aviation Safety Agency (EASA)
(1) The Secretary of State shall make a report on the transfer of responsibilities, in respect of air safety, from the CAA to the European Aviation Safety Agency (EASA).
(2) The Secretary of State shall report under subsection (1) within twelve months of the passing of this Act.
(3) The Secretary of State shall produce four more reports, at twelve month intervals, following the publication of the report produced pursuant to subsection (2).
(4) A report produced under this section shall set out—
| (a) | the matters in respect of air safety for which EASA has responsibility at that time, |
| (b) | which, if any, of EASA's responsibilities have been transferred to the CAA during the previous twelve month period, |
| (c) | details of the number of staff employed by EASA and the CAA responsible for certificates of airworthiness, and their relevant qualifications, and |
| (d) | any other matters which the Secretary of State thinks relevant. |
(5) The Secretary of State shall publish each report produced under this section in such manner as he thinks fit.".'.
Aerodrome security strategy report
Dr John Pugh
Tom Brake
NC9
To move the following Clause:—
- 'After section 40 of the Civil Aviation Act 1982 (c.16) insert—
"40A Aerodrome security strategy report
(1) It shall be the duty of all aerodrome authorities to prepare an annual security strategy report.
(2) A report produced under subsection (1) shall include details of the authority's provision for—
| (a) | the safe transit of passengers, baggage and cargo, |
| (b) | the safety of those working at the aerodrome, and |
| (c) | the security of the aerodrome's land and buildings. |
(3) Aerodrome authorities shall produce a report pursuant to subsection (1) every twelve months, following the passing of this Act.
(4) Reports produced under this section shall be presented to the Secretary of State.
(5) The Secretary of State may, by regulations, prescribe the content and form of reports produced under this section.".'.
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.
ORDER OF THE COMMITTEE [23rd JUNE 2005]
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.
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| ©Parliamentary copyright 2005 | Prepared 7 Jun 2005 |