sc120507.49-55

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.
49

House of Commons

Tuesday 5th July 2005

Standing Committee Proceedings

Standing Committee B

Civil Aviation Bill

[first and second Sittings]

Ms Karen Buck

Agreed to

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.

Mr Julian Brazier

Withdrawn  1

Clause  1,  page  1,  line  7,  leave out ‘may’ and insert ‘shall’.

Tom Brake

Dr John Pugh

Withdrawn  16

Clause  1,  page  1,  line  13,  after ‘emissions’, insert ‘, including greenhouse gases,’.

Tom Brake

Dr John Pugh

Not called  17

Clause  1,  page  1,  line  15,  after ‘pollution’, insert ‘and/or climate change’.

Tom Brake

Dr John Pugh

Not called  18

Clause  1,  page  2,  line  6,  at end insert ‘and/or climate change’.

S.C.B.    Standing Committee Proceedings: 5th July 2005
50

Civil Aviation Bill, continued

Mr Julian Brazier

Mr Peter Atkinson

Withdrawn  2

Clause  1,  page  2,  line  9,  leave out ‘attributable’ and insert ‘directly related’.

Mr Julian Brazier

Mr Peter Atkinson

Withdrawn  3

Clause  1,  page  2,  line  24,  at end insert—

‘(3A)

(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

Withdrawn  4

Clause  1,  page  2,  line  25,  leave out ‘specified’ and insert ‘designated and non-

designated’.

Mr Julian Brazier

Mr Peter Atkinson

Negatived on division  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

Not called  29

Clause  1,  page  2,  line  31,  at end insert—

S.C.B.    Standing Committee Proceedings: 5th July 2005
51

Civil Aviation Bill, continued

‘(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.’.

Clause Agreed to.

Justine Greening

Tom Brake

Withdrawn  14

Clause  2,  page  2,  line  41,  leave out subsection (2).

Mr Julian Brazier

Mr Peter Atkinson

Not called  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

Withdrawn  30

Clause  2,  page  3,  line  30,  leave out ‘10%’ and insert ‘20%’.

Clause Agreed to.

Mr Julian Brazier

Mr Peter Atkinson

Not selected  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

Not selected  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

Withdrawn  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.’.

S.C.B.    Standing Committee Proceedings: 5th July 2005
52

Civil Aviation Bill, continued

Mr Julian Brazier

Mr Peter Atkinson

Not selected  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

Not called  20

Clause  3,  page  3,  line  43,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  21

Clause  3,  page  4,  line  2,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  22

Clause  3,  page  4,  line  5,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  23

Clause  3,  page  4,  line  11,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  24

Clause  3,  page  4,  line  14,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Mr Julian Brazier

Mr Peter Atkinson

Negatived on division  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

Withdrawn  8

Clause  3,  page  4,  line  17,  after ‘area’, insert ‘, or under the flight path,’.

Mr Julian Brazier

Mr Peter Atkinson

Withdrawn  9

Clause  3,  page  4,  line  17,  at end insert ‘and shall produce accounts listing where,

S.C.B.    Standing Committee Proceedings: 5th July 2005
53

Civil Aviation Bill, continued

when and how said money has been spent, and will place these accounts in the public

domain.’.

Tom Brake

Dr John Pugh

Not called  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

Not called  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

Withdrawn  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.’.

Tom Brake

Dr John Pugh

Not called  25

Clause  3,  page  4,  line  19,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  26

Clause  3,  page  4,  line  25,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Mr Julian Brazier

Mr Peter Atkinson

Not called  37

Clause  3,  page  4,  line  27,  at end insert ‘, taking account of the impact of the breach

and the measures taken by the operator to comply with the relevant requirement.’.

S.C.B.    Standing Committee Proceedings: 5th July 2005
54

Civil Aviation Bill, continued

Tom Brake

Dr John Pugh

Not called  27

Clause  3,  page  4,  line  30,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Tom Brake

Dr John Pugh

Not called  28

Clause  3,  page  4,  line  33,  leave out ‘relevant manager’ and insert ‘competent

authority’.

Clause Agreed to.

Mr Julian Brazier

Mr Peter Atkinson

Negatived on division  39

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

Not called  38

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

Mr Julian Brazier

Mr Peter Atkinson

Not called  40

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.’.

Clause Agreed to.

Graham Stringer

Withdrawn  10

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

Graham Stringer

Not called  11

Clause  5,  page  8,  line  1,  leave out from second ‘activity’ to ‘incidental’.

Graham Stringer

Not called  12

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

S.C.B.    Standing Committee Proceedings: 5th July 2005
55

Civil Aviation Bill, continued

Graham Stringer

Not called  13

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

Clause Agreed to.

Clauses 6 to 8 Agreed to.

Tom Brake

Dr John Pugh

Not selected  33

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

‘71C
Contributions by air passengers to Air Passenger Levy

(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.’.

Clauses 9 to 12 Agreed to.

Schedule Agreed to.

Clause 13 Agreed to.

[Adjourned till Thursday at 9.00 o’clock.