Civil Aviation Act 1971

PART I — The Civil Aviation Authority

Constitution and functions

Constitution of the Authority

1

• (1) There shall be a body corporate, to be called the Civil Aviation Authority (and hereafter in this Act referred to as " the Authority "), which shall be constituted in accordance with the following provisions of this section.

• (2) The Authority shall consist of not less than six nor more than twelve persons appointed by the Secretary of State to be members of the Authority; and the Secretary of State—

• (a) shall appoint one member to be the chairman of the Authority; and

• (b) may appoint not more than two other members to be deputy chairmen of the Authority.

• (3) The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.

• (4) It is hereby declared that the Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or (subject to the provisions of this Act relating to stamp duty) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of or held on behalf of the Crown.

• (5) In Part II of Schedule 1 to the House of Commons Disqualification Act 1957, as it applies in relation to the House of Commons of the Parliament of the United Kingdom, after the entry relating to the Channel Tunnel Planning Council there shall be inserted the words “The Civil Aviation Authority”; and in the Part substituted for the said Part II by Schedule 3 to that Act in relation to the Senate and House of Commons of Northern Ireland, after the entry relating to the Central Council for Agricultural and Horticultural Co-operation there shall be inserted the words aforesaid.

Functions of the Authority

2

The functions of the Authority shall be—

• (a) the functions conferred on it by the following provisions of this Part of this Act;

• (b) the functions conferred on it by or under Part II of this Act with respect to the licensing of air transport, the licensing of the provision of accommodation in aircraft, the provision of air navigation services, the operation of aerodromes and the provision of assistance and information;

• (c) such functions as are for the time being conferred on it by or under Air Navigation Orders with respect to the registration of aircraft, the safety of air navigation and aircraft (including airworthiness), the control of air traffic, the certification of operators of aircraft and the licensing of air crews and aerodromes ;

• (d) such other functions as are for the time being conferred on it by virtue of this Act or any other enactment.

Regulation of performance by the Authority of its functions

General objectives, and guidance by the Secretary of State

3

• (1) It shall be the duty of the Authority to perform the functions conferred on it otherwise than by this section in the manner which it considers is best calculated—

• (a) to secure that British airlines provide air transport services which satisfy all substantial categories of public demand (so far as British airlines may reasonably be expected to provide such services) at the lowest charges consistent with a high standard of safety in operating the services and an economic return to efficient operators on the sums invested in providing the services and with securing the sound development of the civil air transport industry of the United Kingdom;

• (b) to secure that at least one major British airline which is not controlled by the British Airways Board has opportunities to participate in providing, on charter and other terms, the air transport services mentioned in the preceding paragraph ;

• (c) subject to the preceding paragraphs, to encourage the civil air transport industry of the United Kingdom to increase the contribution which it makes towards a favourable balance of payments for the United Kingdom and towards the prosperity of the economy of the United Kingdom ; and

• (d) subject to the preceding paragraphs, to further the reasonable interests of users of air transport services;

and in this subsection " British airline " means an undertaking having power to provide air transport services and appearing to the Authority to have its principal place of business in the United Kingdom, the Channel Islands or the Isle of Man and to be controlled by persons who either are United Kingdom nationals or are for the time being approved by the Secretary of State for the purposes of this subsection.

• (2) Subject to the following subsection, the Secretary of State may from time to time, after consultation with the Authority, give guidance to the Authority in writing with respect to the performance of the functions conferred on it otherwise than by this subsection; and it shall be the duty of the Authority to perform those functions in such a manner as it considers is in accordance with the guidance for the time being given to it in pursuance of this subsection.

• (3) No guidance shall be given to the Authority in pursuance of the preceding subsection unless a draft of the document containing it has been approved by a resolution of each House of Parliament.

Secretary of State's directions in national interest etc.

4

• (1) In time of war, whether actual or imminent, or of great national emergency, the Secretary of State may by order require that all or any property or rights of or under the control of the Authority shall be placed at the disposal of the Secretary of State; and while an order under this subsection is in force—

• (a) the Secretary of State may give to the Authority such directions as the Secretary of State thinks fit; and

• (b) in so far as any directions given in pursuance of this subsection conflict with any requirements of this Act apart from this subsection those requirements shall be disregarded.

• (2) Section 28 of the Air Corporations Act 1967 (which also relates to the Secretary of State's powers in case of emergency) shall have effect as if any reference in subsections (3) to (5) of that section to an order under that section included a reference to an order under the preceding subsection.

• (3) The Secretary of State may, after consultation with the Authority, give to the Authority directions to do a particular thing which it has power to do or refrain from doing a particular thing if the Secretary of State considers it appropriate to give such directions—

• (a) in the interests of national security; or

• (b) in connection with any matter appearing to the Secretary of State to affect the relations of the United Kingdom with a country or territory outside the United Kingdom; or

• (c) in order to discharge or facilitate the discharge of an obligation binding on the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement; or

• (d) in order to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Secretary of State appropriate in view of the fact that the United Kingdom is a member of an international organisation or a party to an international agreement; or

• (e) in order to enable the United Kingdom to become a member of an international organisation or a party to an international agreement; or

• (f) in order to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation ;

and in so far as any directions given in pursuance of this subsection conflict with the requirements of any provision of this Act except subsections (1) and (2) of this section those requirements shall be disregarded.

Special provisions as respects certain functions

5

• (1) Such functions of the Authority as may be prescribed for the purposes of this subsection shall not be performed on behalf of the Authority by any other person; and regulations may provide that for the purpose of performing a function prescribed in pursuance of this subsection the quorum of the Authority shall be such as may be prescribed.

• (2) Regulations may provide for regulating the conduct of the Authority and other persons, including the procedure to be fallowed by them, in connection with the performance by the Authority of such of its functions as may be prescribed for the purposes of this subsection; and, without prejudice to the generality of the preceding provisions of this subsection, regulations made in pursuance of this subsection may include provision—

• (a) requiring or entitling the Authority, notwithstanding any rule of law, to withhold from any person (hereafter in this paragraph referred to as " the prospective recipient") information which is furnished to the Authority by another person in connection with any function so prescribed and which in the opinion of the Authority relates to the commercial or financial affairs of the other person and cannot be disclosed to the prospective recipient without disadvantage to the other person which, by comparison with the advantage to the public and the prospective recipient of its disclosure to him, is unwarranted;

• (b) for the imposition on summary conviction of a fine of an amount not exceeding £100 for any contravention of the regulations.

• (3) The Tribunals and Inquiries Act 1971 shall have effect as if—

• (a) the Authority were a tribunal specified in Part I of Schedule 1 to that Act (which lists .the tribunals of which among other things the workings and constitutions are to be kept under review and reported on by the Council on Tribunals) ; and

• (b) section 8 of that Act (under which certain consents are required for the removal of members of tribunals) did not apply to the Authority ; and

• (c) the functions of the Authority were confined to those prescribed for the purposes of the preceding subsection.

Financial provisions

General financial duties

6

• (1) It shall be the duty of the Authority so to conduct its affairs as to secure that its revenue (including any grant towards revenue made to it in pursuance of section 10(1) of this Act) is not less than sufficient to meet charges properly chargeable to revenue account, taking one year with another.

• (2) It shall be the duty of the Authority, in framing and carrying out proposals involving it in substantial outlay on capital account, to act on lines settled from time to time with the approval of the Secretary of State; and it shall also be the duty of the Authority to secure that any subsidiary of the Authority acts on those lines in framing and carrying out proposals involving the subsidiary in such an outlay.

• (3) The Secretary of State may, with the approval of the Treasury, give to the Authority a direction as to any matter relating to the establishment or management of reserves or the carrying of sums to the credit of any reserves or the application of any reserves for the purposes of the Authority.

The initial debt

7

• (1) The Authority shall assume, in accordance with the following provisions of this section, debts to the Secretary of State (hereafter in this Act referred to collectively as the " initial debt") in respect of the property and rights transferred to the Authority by virtue of Schedule 2 to this Act.

• (2) The Secretary of State may, with the approval of the Treasury, give to the Authority a notice in writing specifying any property or right which is to be or has been transferred to the Authority by virtue of the said Schedule 2 and stating the amount of the debt which the Authority is to assume in respect of that property or right as from the date which in relation to it is the vesting date for the purposes of that Schedule, and the Authority shall accordingly assume as from that date a debt of the amount specified in the notice; and a notice given in pursuance of this subsection with respect to any property or right shall be so given either before or as soon as possible after the date aforesaid.

• (3) It shall be the duty of the Secretary of State, as soon as possible after the transfer of property, rights and liabilities in pursuance of the said Schedule 2 has been completed, to give to the Authority a notice in writing specifying the aggregate amount of the initial debt.

• (4) The aggregate amount of the initial debt shall not exceed £50 million.

• (5) If it appears to the Secretary of State that in determining the amount of any debt specified in a notice given in pursuance of subsection (2) of this section he has not taken account, or not properly taken account, of any property, right or liability by reference to which that amount should have been or was calculated, he may with the approval of the Treasury, at any time before the expiration of the period of two years beginning with the date on which notice was given in pursuance of subsection (3) of this section, give notice in writing to the Authority reducing or, subject to the preceding subsection, increasing the amount of the initial debt by an amount specified in the notice.

• (6) The rate of interest payable on the initial debt, the arrangements for paying off the principal and the other terms of the debt shall be such as the Secretary of State may from time to time determine with the approval of the Treasury.

• (7) Any sums received by the Secretary of State by way of interest on or repayment of the initial debt shall be paid into the National Loans Fund.

• (8) In relation to any period before notice is given in pursuance of subsection (3) of this section, references in subsections (6) and (7) of this section to the initial debt include references to any part of that debt.

Borrowing powers

8

• (1) Subject to subsection (5) of this section, the Authority may, with the consent of or in accordance with a general authorisation given by the Secretary of State, borrow temporarily by overdraft or otherwise such sums in sterling as the Authority may require for performing its functions.

• (2) Subject to subsection (5) of this section, the Authority may borrow from the Secretary of State otherwise than by way of temporary loan such sums in sterling as the Authority may require for capital purposes or for fulfilling a guarantee entered into by the Authority.

• (3) Subject to subsection (5) of this section, the Authority may with the consent of the Secretary of State borrow in currency other than sterling, from such persons and on such terms as the Secretary of State may from time to time specify, any sum which the Authority has power to borrow in sterling in pursuance of subsection (1) or (2) of this section.

• (4) The Secretary of State shall not give consent or an authorisation or specify any person or terms in pursuance of the preceding provisions of this section except with the approval of the Treasury.

• (5) The aggregate amount outstanding in respect of the principal of any money borrowed by the Authority under this section and the initial debt shall not exceed £75 million.

Charges

9

• (1) The Authority may, after consultation with the Secretary of State, make a scheme for determining the charges which are to be paid to the Authority in respect of the performance of such of its functions as are specified in the scheme ; and a scheme under this section may as respects any of those functions—

• (a) specify the amount of the charge or a scale of charges by reference to which that amount is to be ascertained or provide that the charges shall be of such amount, not exceeding that specified in the scheme, as may be decided by the Authority having regard to the expense incurred by the Authority in performing the function in question and to such other factors (if any) as may be so specified ;

• (b) provide for different charges for cases of such different descriptions as may be so specified ;

• (c) specify the manner in which, the time at which and the person by whom any charge is to be paid.

• (2) A scheme under this section shall come into force on such day as may be specified in the scheme, not being earlier than the expiration of the period of sixty days beginning with the day on which the scheme is published in the prescribed manner; and a scheme made under this section may vary or revoke a previous scheme so made.

• (3) Regulations may make provision for determining the charges which are to be paid to the Authority, or for securing that no charge is payable to the Authority, in respect of such of its functions as may be prescribed; and regulations for determining the said charges may—

• (a) prescribe the amount of a charge or the maximum or minimum amount of a charge or a scale of charges by reference to which those amounts are to be ascertained ;

• (b) prescribe the manner in which, the time at which and the person by whom a charge is to be paid.

• (4) In so far as a scheme and regulations under this section make different provision with respect to the same matter the provision made by the scheme shall be disregarded.

• (5) Where as respects any function of the Authority provision for a charge to be paid is made by virtue of this section it shall be the duty of the Authority to charge accordingly, except that the Authority may if it thinks fit to do so in a particular case waive the whole or part of the charge; and any charge payable by virtue of this section may be recovered by the Authority in any court of competent jurisdiction.

• (6) Nothing in the preceding provisions of this section shall be construed as derogating from the power of the Authority to enter into an agreement for the payment to the Authority of charges of such amounts as may be determined in pursuance of the agreement in respect of the performance by the Authority of any of its functions, other than a function in respect of which provision is made in pursuance of those provisions for the making of a charge or of no charge.

• (7) Charges shall not be determined in pursuance of this section, or by the Authority in exercise of the power mentioned in the preceding subsection, in respect of the provision of air navigation services ; and provision shall not be made by or under an Air Navigation Order for the payment of fees to the Authority.

Grants and loans by Secretary of State

10

• (1) The Secretary of State may—

• (a) make to the Authority out of money provided by Parliament grants of such amounts as the Secretary of State thinks fit;

• (b) give the Authority a direction providing that the whole or part of a grant made in pursuance of the preceding paragraph is not to be used by the Authority otherwise than for the purposes of such of the Authority's functions as are specified in the direction.