rs121010.33-39

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

33

House of Commons

Monday 10th October 2005

Report Stage Proceedings

Civil Aviation Bill

New Clauses

Report on passenger numbers

Mr Alan Duncan

Mr Greg Knight

Mr John Hayes

Mr Julian Brazier

Mr Peter Atkinson

Not selected  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

Not selected  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.’.

Committee of the whole House Proceedings: 10th October 2005
34

Civil Aviation Bill, continued

Commercial flights officer

Mr Alan Duncan

Mr Greg Knight

Mr John Hayes

Mr Julian Brazier

Mr Peter Atkinson

Negatived on division  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 his 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

Negatived on division  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.’.

Committee of the whole House Proceedings: 10th October 2005
35

Civil Aviation Bill, continued

Sound-proofing of buildings affected by aerodrome use

John McDonnell

Mr John Randall

Not called  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

Not moved  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

Committee of the whole House Proceedings: 10th October 2005
36

Civil Aviation Bill, continued

(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

Not called  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

Not called  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

Not called  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

Not called  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

Committee of the whole House Proceedings: 10th October 2005
37

Civil Aviation Bill, continued

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

Not selected  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

Not selected  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

Not called  21

Page  2,  line  38,  leave out Clause 2.

Mr Julian Brazier

Mr Peter Atkinson

Justine Greening

John McDonnell

Mr John Randall

Negatived on division  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

Not called  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 subsection (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.

Committee of the whole House Proceedings: 10th October 2005
38

Civil Aviation Bill, continued

(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.’.

Mr Alan Duncan

Mr Greg Knight

Mr John Hayes

Mr Julian Brazier

Mr Peter Atkinson

Not called  5

Page  7,  line  21  [Clause  4],  leave out from ‘which’ to end of line 22 and insert

‘directly benefit those who live in the area which the aerodrome is situated.

(6A)
An aerodrome operator making a payment under subsection (6) 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.

(6B)
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.’.

John McDonnell

Mr John Randall

Not called  13

Page  9,  line  34  [Clause  7],  at end insert ‘and of persons living in the vicinity of

aerodromes in respect of any aerodrome-related operations which may have an effect on

their health’.

Tom Brake

Not selected  3

Page  11,  line  46  [Clause  9],  at end insert—

‘(3)
For the purposes of this Act, every air passenger departing from an aerodrome in

the United Kingdom shall be deemed an air travel organiser.

(4)
The only contribution to the Air Travel Trust that air passengers shall be required

to make is set out in Section 71C below.’.

Committee of the whole House Proceedings: 10th October 2005
39

Civil Aviation Bill, continued

Tom Brake

Not selected  4

Page  11,  line  46  [Clause  9],  at end insert—

‘71C
Contributions by air passengers to the Air Travel Trust

(1)
There shall be a levy to be known as the Air Passenger Levy which shall be

charged in accordance with this section 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 aerodrome 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.’.

Mr Brian H. Donohoe

Mrs Gwyneth Dunwoody

Mr David S. Borrow

Not selected  12

Page  11,  line  46  [Clause  9],  at end add—

‘71C
Scope of those required to contribute to the Air Travel Trust

(1)
The Secretary of State may by regulations make provision for, and in connection

with, defining the scope of those air carriers and tour operators required to make

contributions to the Air Travel Trust not limited to applicants for licences by

virtue of section 71 above.

(2)
Regulations made under subsection (1) above may vary the terms of the Air

Travel Trust so as to include protection for payments made by all air travellers,

not merely those travelling with holders of Air Travel Organisers Licences.’.

John McDonnell

Mr John Randall

Not called  17

Page  12,  line  23  [Clause  13],  after ‘Act’ insert ‘(except for section [Sound-

proofing of buildings affected by aerodrome use])’.

Alan Keen

John McDonnell

Mr John Randall

Not called  2

Page  12,  line  25  [Clause  13],  at end insert—

‘(3A)
No order shall be made under subsection (2) in relation to subsections (2) to (4)

of section 2 of this Act until 1st January 2012, and unless the Secretary of State

has—

(a)
carried out a full public consultation exercise on the effect of the

commencement of those subsections, and