Amendment Paper as at
Monday 10th October 2005
CONSIDERATION OF BILL
CIVIL AVIATION BILL
NEW CLAUSES
Report on passenger numbers
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
NC2
To move the following Clause:—
'The Secretary of State shall for the period of twelve months beginning with the passing of this Act, publish a report setting out the number of people departing from aerodromes in the United Kingdom, and on the number who were protected by the Air Travel Trust Fund and ATOL.'.
Report on air safety
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
NC3
To move the following Clause:—
'Within twelve months after the passing of this Act, the Secretary of State shall lay before Parliament a report on the activities of those bodies responsible for the safety of airlines and the maintenance of aircraft, and on any other matters that the Secretary of State thinks appropriate.'.
Commercial flights officer
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
NC4
To move the following Clause:—
'(1) The Secretary of State shall appoint a Commercial Flights Officer whose duties shall be specified by the Secretary of State but shall include—
| (a) | the requirement to collate and publish factual details relating to all enquiries referred to him by a Member of Parliament relating to aviation matters, predominantly, but not exclusively, concerning nightflights, noise from aerodromes attributable to aircraft taking off and landing and on approach to an aerodrome along a flightpath or in relation to a deviation from a flightpath, |
| (b) | conduct any inquiry into aviation matters that he believes necessary and within the scope of this remit as laid down by the Secretary of State. |
(2) The Commercial Flights Officer shall have unrestricted access to radar tapes and all other information relating to his enquiries, which shall include aircraft type, operator, time of flight, height, speed, route of origin and destination held by any organisation, company or group the Commercial Flights Officer believes may possess it.
(3) Any organisation within the United Kingdom concerned with the monitoring and movement of aircraft in-flight or at an aerodrome shall hold information concerning an aircraft's flight origin, destination, route, altitude, speed and operator for a period no less than six months.'.
Reporting of banned airlines
Tom Brake
Dr John Pugh
Paul Rowen
NC5
To move the following Clause:—
'(1) Within one month after the passing of this Act, the Secretary of State shall lay before Parliament—
| (a) | a list of the airlines which are banned from United Kingdom airspace, and |
| (b) | a list of the airlines which are permitted to fly in United Kingdom airspace which are banned in any other country of the European Union and the reasons why the Secretary of State has chosen not to ban these airlines from United Kingdom airspace. |
(2) The list produced under subsection (1) shall be updated monthly.'.
Sound-proofing of buildings affected by aerodrome use
John McDonnell
Mr John Randall
NC6
To move the following Clause:—
'(1) The Secretary of State shall, no later than one year after the passing of this Act, make regulations under section 20(1) of the Land Compensation Act 1973 (c. 26) (sound-proofing of buildings affected by public works) imposing a duty on responsible authorities to insulate buildings against noise caused, or expected to be caused, by the use of aerodromes for the taking off and landing of aircraft.
(2) In making provision as to the level of noise giving rise to a duty under subsection (1) in respect of a building or class of buildings, and the area in which a building must be situated if the duty is to arise in respect of it, the regulations must make reference to the noise attenuation of individual rooms in buildings.'.
Facilities for consultation at certain aerodromes
Tom Brake
NC7
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 designated for the purposes of this section by the Secretary of State, 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).
(4) 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.'. |
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
9
Page 1, line 7 [Clause 1], after 'below' insert 'and having ensured that sufficient notice has been given prior to the introduction of the proposed charges,'.
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
8
Page 2, line 14 [Clause 1], at end insert—
'(2A) Any aerodrome authorities, making charges under subsections (1) for the purposes set out in subsection (2) shall be under a duty to—
| (a) | monitor emissions and noise levels on an annual basis publishing annual figures for pollution and noise levels; and |
| (b) | publish a statement of intent as to what levels of emissions and noise can be expected for the following twelve month period and to what extent it has and will achieve the purposes laid out in subsection (2). |
(2B) An airline may appeal to the Secretary of State against any charge made by an aerodrome authority under subsection (1).'.
David Taylor
19
Page 2, line 21 [Clause 1], after 'authority' insert ', with the agreement of the local authority in whose area the aerodrome is situated,'.
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
10
Page 2, line 24 [Clause 1], at end insert—
'(3A) The Secretary of State shall report on the effectiveness of any charges made under subsection (1) for those purposes laid out in subsection (2), every twelve months after the passing of this Act and shall specify the sources of information used in its compilation, and 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 (3A), set targets for emissions and noise related to aerodrome authorities for the following twelve month period and report on the systems and means for monitoring noise and emissions in relation to aerodromes and those areas along flightpaths and whether they shall be subject to change over the following twelve months.'.
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
7
Page 2, line 28 [Clause 1], at end insert—
'(4A) The Secretary of State shall review 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 per cent by 2020 compared to 2000, and shall report to Parliament in such manner as he thinks fit at regular intervals.'.
David Taylor
20
Page 2, line 37 [Clause 1], at end insert '
"38A Objectives and target noise levels
The objectives and target noise levels of a noise control scheme established under section 38 must be agreed to by the local authority in whose area the aerodrome is situated.".'.
David Taylor
21
Page 2, line 38, leave out Clause 2.
Mr Julian Brazier
Mr Peter Atkinson
Justine Greening
John McDonnell
Mr John Randall
1
Page 2, line 41 [Clause 2], leave out subsection (2).
Mr Alan Duncan
Mr Greg Knight
Mr John Hayes
Mr Julian Brazier
Mr Peter Atkinson
6
Page 4, line 16 [Clause 3], leave out from 'which' to end of line 17 and insert 'directly benefit those who live in the area in which the aerodrome is situated.
'(8A) A manager making a payment under subesction (8) shall—
| (a) | seek the advice and consent of the airport's consultative committee before any such spending takes place, and |
| (b) | produce and publish accounts listing where, when and how that money has been spent. |
(8B) 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.'. |
