Legalize / United Kingdom / Public General Act

Civil Aviation Act 2012

Type Public General Act

Publication 2012-12-19

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2) The notice under subsection (1) must—

(a) state that the CAA proposes to impose a penalty,

(b) state the proposed amount of the penalty, and

(3) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or the circumstances in which, they would cease to accumulate.

(4) The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(5) Before varying the proposed amount of the penalty, the CAA must—

(a) give the person on whom the penalty is to be imposed a notice about the proposed variation,

(b) publish the notice as soon as practicable,

(c) send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and

(d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(6) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or circumstances in which, they would cease to accumulate.

(7) The notice under subsection (5) must—

(a) specify the proposed variation, and

(b) give the CAA's reasons for the proposed variation.

(8) The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(9) The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.

(10) As soon as practicable after giving a notice under subsection (9), the CAA must—

(a) publish the notice, and

(b) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Procedure after imposing penalty

54

(1) As soon as practicable after imposing a penalty on a person under section 51 or 52, the CAA must—

(a) give a notice to the person on whom the penalty is imposed,

(b) publish the notice, and

(c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

(2) The notice must—

(a) state that the CAA has imposed the penalty,

(b) state the amount of the penalty,

(d) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice must specify—

(a) the day on which daily amounts begin to accumulate, and

(b) the day on which, or the circumstances in which, they cease to accumulate.

(4) As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,

(b) publish the notice, and

(c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Appeals against penalties

55

Schedule 5 (appeals against penalties: information) has effect.

Penalties

Imposing penalties

56

(1) The CAA may not impose a penalty on a person under section 39, 40 or 51 for an act or omission if it has imposed a penalty on the person under one of those sections in respect of the same act or omission.

(2) Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

Recovering penalties

57

(1) This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under—

(a) section 42, or

(b) section 54.

(2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from the person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

Statement of policy on penalties

58

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) imposing penalties under this Chapter, and

(b) determining their amount.

(2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

(3) When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

(4) When preparing or revising a statement of policy, the CAA must consult such persons as it considers appropriate.

Disclosing information

59

(1) Nothing in this Chapter requires the CAA to publish or otherwise disclose any information which it is satisfied is—

(a) commercial information, the disclosure of which would, or might in the CAA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA's opinion, significantly harm the individual's interests.

(2) Schedule 6 (restrictions on disclosing information) has effect.

CHAPTER 2 — Competition

Functions under Part 4 of Enterprise Act 2002

60

(1) The functions of the Competition and Markets Authority (“the CMA”) specified in subsection (2) are to be concurrent functions of the CAA and the CMA.

(2) Those functions are the CMA’s functions under Part 4 of the Enterprise Act 2002 (market investigations), other than functions under sections 166 , 167C, 171 and 174E, so far as those functions—

(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b) relate to the provision of airport operation services....

(3) References to the CMA in the following are to be read as including a reference to the CAA—

(a) Part 4 of the Enterprise Act 2002, other than sections 166 , 167C , 171 and 174E, and

(b) provisions of that Act applied by that Part.

(3A) References to section 5 of the Enterprise 2002 in Part 4 of that Act must be read as including a reference to section 64(1) of this Act.

(4) But ...—

(a) subsections (3) and (3A) apply only so far as they are consequential on subsections (1) and (2), and

(b) subsection (3) applies only if the context does not otherwise require.

(4A) Section 130A of the Enterprise Act 2002 is to have effect in its application to the CAA by virtue of subsections (1) and (2)—

(a) as if for subsection (1) of that section there were substituted—

(1) Where the Civil Aviation Authority— (a) is proposing to carry out its functions under section 64(1) of the Civil Aviation Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).

, and

(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the provision of airport operation services (within the meaning given by section 68 of the Civil Aviation Act 2012)”.

Enterprise Act 2002: supplementary

61

(1) Before the Competition and Markets Authority (“the CMA”) or the CAA first carries out functions specified in section 60(2) (“relevant 2002 Act functions”) in relation to a matter it must consult the other.

(2) If the CMA or the CAA has carried out relevant 2002 Act functions in relation to a matter, the other must not carry out those functions in relation to that matter.

(3) Subsections (4) to (6) apply if, in carrying out relevant 2002 Act functions, the CAA makes a market investigation reference (under section 131 of the 2002 Act).

(4) The CAA must give to the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference any information in the CAA's possession or control—

(a) which is requested by the group for the purpose of the reference, or

(b) which the CAA considers it appropriate to give to the group for that purpose.

(5) The CAA must give the CMA group any other assistance requested by the group for the purpose of the reference which it is within the CAA's power to give.

(6) In carrying out its investigation on the reference the CMA group must take account of any information given to it under subsection (4).

(7) If a question arises as to whether a relevant 2002 Act function must or may be carried out by the CAA in relation to a particular case, the question must be referred to and determined by the Secretary of State.

(8) No objection may be taken to anything done by or in relation to the CAA under Part 4 of the Enterprise Act 2002, other than section 166 , 167C, 171 or 174E, on the ground that it should have been done by or in relation to the CMA.

(9) The CAA may, when carrying out relevant 2002 Act functions, have regard to any matter in respect of which a duty is imposed by section 1(1) to (3) of this Act if it is a matter to which the CMA may have regard when carrying out relevant 2002 Act functions.

(10) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the carrying out by the CAA of relevant 2002 Act functions.

(11) In section 136(7) of the Enterprise Act 2002 (investigations and reports on market investigation references: relevant sectoral enactments), at the end of paragraph (g) insert “ or section 60 of the Civil Aviation Act 2012; ”.

(12) In making any decision, or otherwise taking action, for the purposes of any relevant 2002 Act functions, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

Functions under Competition Act 1998

62

(1) The functions of the Competition and Markets Authority (“the CMA”) specified in subsection (2) are to be concurrent functions of the CAA and the CMA.

(2) Those functions are the CMA’s functions under Part 1 of the Competition Act 1998 (competition) so far as they relate to anything which—

(a) is mentioned in subsection (3)(a) to (c), and

(b) relates to the provision of airport operation services,

other than functions under sections 31D(1) to (6) , 35C , 38(1) to (6) , 40B(1) to (4) and 51.

(3) Those things are—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b) conduct of the kind mentioned in section 18(1) of that Act, or

(c) transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).

(4) References to the CMA in Part 1 of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part), other than in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51, are to be read as including a reference to the CAA.

(5) But subsection (4) applies—

(a) only so far as it is consequential on subsections (1) and (2), and

(b) only if the context does not otherwise require.

Competition Act 1998: supplementary

63

(1) No objection may be taken to anything done by or in relation to the CAA under a provision of Part 1 of the Competition Act 1998, other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51, on the ground that it should have been done by or in relation to the Competition and Markets Authority.

(2) The CAA may, when carrying out relevant 1998 Act functions, have regard to any matter in respect of which a duty is imposed by section 1(1) to (3) of this Act if it is a matter to which the Competition and Markets Authority may have regard when carrying out relevant 1998 Act functions.

(3) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the carrying out by the CAA of relevant 1998 Act functions.

(3A) In making any decision, or otherwise taking action, for the purposes of any relevant 1998 Act functions that are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

(4) In this section “relevant 1998 Act functions” means functions specified in section 62(2).

Review etc of airport operation services

64

(1) The CAA must, so far as it appears to it practicable to do so—

(a) keep under review the provision of airport operation services in the United Kingdom and elsewhere, and

(b) collect information about the provision of such services in the United Kingdom and elsewhere,

with a view to facilitating the carrying out of its functions under this Chapter.

(2) The CAA must provide information, advice and assistance to the Secretary of State and the Competition and Markets Authority (“the CMA”) regarding any matter in respect of which the CAA has a function under this Chapter if—

(a) it thinks it expedient to do so, or

(b) it is asked by the Secretary of State or the CMA to do so.

(3) Subsection (2)(b) applies only so far as it appears to the CAA practicable for the CAA to provide the information, advice or assistance requested.

(4) The CAA may—

(a) prepare reports relating to competition in markets for airport operation services, and

(b) arrange for such reports to be published.

(5) The CAA may exclude from publication under subsection (4)(b) any information which it is satisfied is—

(a) commercial information, the disclosure of which would, or might in the CAA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA's opinion, significantly harm the individual's interests.

(6) For the purposes of carrying out its functions under this section the CAA may carry out, commission or provide financial or other support for research.

Power to modify CAA’s competition powers

65

(1) The Secretary of State may by regulations modify sections 60(2) and 62(2) by providing that the functions of the Competition and Markets Authority mentioned in those provisions—

(a) do not include functions relating to the provision of particular airport operation services, or

(b) include functions relating to the provision of particular services at an airport that are not airport operation services.

(2) The regulations may make consequential, incidental or supplementary provision amending this Chapter.

CHAPTER 3 — General provision

Interpretation

Airports

66

(1) In this Part “airport” means an aerodrome within the meaning of the Civil Aviation Act 1982 together with other land, buildings and structures used for the purposes of—

(a) the landing and taking off of aircraft at the aerodrome,

(b) the manoeuvring, parking or servicing of aircraft between landing and take-off at the aerodrome,

(c) the arrival or departure of persons carried or to be carried as passengers by air transport services operating to or from the aerodrome, together with their baggage,

(d) the arrival or departure of cargo carried or to be carried by such services,

(e) the processing of such persons, baggage and cargo between their arrival and departure, and

(f) the arrival or departure of persons who work at the airport.

(2) Section 67 makes further provision about what is and is not included in an airport for the purposes of this Part.

(3) The Secretary of State may by regulations provide that, for the purposes of this Part, land, buildings and other structures specified in the regulations, or of a description specified in the regulations, are or are not—

(a) part of an airport, or

(b) part of the core area of an airport.

(4) The regulations may, in particular—

(a) modify subsection (1)(a) to (f) and section 67, and

(b) modify the definition of the core area of an airport in section 5.

(5) In this section “modify” includes amend or repeal.

Airports: supplementary

67

(1) An airport includes, in particular—

(a) a passenger terminal,

(b) the forecourt of a passenger terminal,

(d) a cargo processing area,

(e) land, buildings and other structures used for air traffic services, and

(f) land, buildings and other structures used for the purposes of transferring passengers, baggage or cargo—

(i) between passenger terminals or cargo processing areas that form part of the airport, or

(ii) between such terminals or areas and aircraft using the airport,

subject to the following provisions of this section.

(2) The forecourt of a passenger terminal includes an area that—

(a) is used by road vehicles to pick up or drop off passengers using the terminal, and

(b) has pedestrian access to the terminal,

other than a car park, bus station, tram station or railway station.

(3) A car park is a qualifying car park if—

(a) it is part of a passenger terminal that forms part of the airport, or

(b) it has pedestrian access to such a terminal.

(4) An airport does not include a hotel, unless it is situated in a passenger terminal that forms part of the airport.

(5) An airport does not include a bus station, tram station or railway station.

(6) For the purposes of section 66(1) when a person arrives at, or departs from, an airport other than in an aircraft the person's arrival or departure takes place on arrival at or departure from—

(a) a passenger terminal that is part of the airport,

(b) the forecourt of such a terminal, or

(7) For the purposes of section 66(1)—

(a) when cargo arrives at an airport other than in an aircraft its arrival takes place when it is first unloaded from the vehicle in which it arrives, and

(b) when cargo departs from an airport other than in an aircraft its departure takes place when it is loaded on to the vehicle in which it is to depart.

(8) For the purposes of sections 5(4) and 66(1) the servicing of aircraft between landing and take-off at the aerodrome includes—

(a) the supply of fuel, and

(b) the repair, maintenance and overhaul of aircraft that land at the aerodrome.

Airport operation services

68

(1) In this Part “airport operation services” means services provided at an airport for the purposes of—

(a) the landing and taking off of aircraft,

(b) the manoeuvring, parking or servicing of aircraft,

(d) the arrival or departure of cargo,

(e) the processing of passengers, baggage or cargo between their arrival and departure, or

(f) the arrival or departure of persons who work at the airport.

(2) Section 67(6) to (8) apply for the purposes of subsection (1) as they apply for the purposes of section 66(1).

(3) “Airport operation services” include, in particular, the provision at an airport of—

(a) groundhandling services described in the Annex to Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (as amended from time to time),

(b) facilities for car parking, and

(4) “Airport operation services” do not include—

(a) air transport services,

(b) air traffic services, or

(5) For the purposes of this Part—

(a) “airport operation services” include permitting a person to access or use land that forms part of an airport or facilities at an airport for a purpose described in subsection (1)(a) to (f), and

(b) a person who permits another to access or use land that forms part of an airport area, or facilities in an airport area, for such a purpose is to be treated as providing airport operation services in that area.

(6) The Secretary of State may by regulations provide that, for the purposes of this Part, services are or are not to be treated as airport operation services.

(7) The regulations may, in particular, modify subsections (1) to (5).

(8) In this section “modify” includes amend or repeal.

Air transport services

69

(1) In this Part—

“air transport service” means a service for the carriage by air of passengers or cargo to or from an airport in the United Kingdom;

“provider”, in relation to an air transport service, means a person who has the management of the aircraft used to provide the service;

“user”, in relation to an air transport service, means a person who—is a passenger carried by the service, orhas a right in property carried by the service.

(2) In this Part references to users of air transport services include future users of such services.

Joint operators of areas

70

(1) Two or more persons are joint operators of an airport area where they jointly have overall responsibility for the management of all of the area.

(2) Regulations under section 9 may include provision about when two or more persons are or are not to be treated for the purposes of this Part as jointly having such responsibility.

(3) The CAA's power under section 10 to make a determination includes power to determine whether, in a particular case, two or more persons have such responsibility.

(4) The Secretary of State may by regulations provide that, where there are joint operators of an airport area, the provisions of Chapters 1 and 3 of this Part (other than this section) apply in relation to the operators and the area with the modifications specified in the regulations.

Connected persons

71

(1) For the purposes of this Part one person is connected with another if they are group undertakings in relation to each other.

(2) “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).

(3) The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Part, including provision amending or otherwise modifying subsections (1) and (2).

Minor definitions and index

72

(1) In this Part—

“air traffic services” has the same meaning as in Part 1 of the Transport Act 2000 (see section 98 of that Act);

“airport operator” means a person who is the operator of an area that consists of or forms part of an airport;

“the CAA” means the Civil Aviation Authority;

“cargo” includes mail;

“change of circumstances” includes the discovery that information is false or misleading in a material respect;

“conduct” includes a failure to act and unintentional conduct;

“contravention” includes a failure to comply and related expressions are to be interpreted accordingly;

“contravention notice” has the meaning given in section 31(1);

“document” means anything in which information is recorded;

“enforcement order” has the meaning given in section 33(1);

“international obligation of the United Kingdom” includes— an assimilated obligation, andan obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;

“land” includes land covered by water;

“licence” means a licence under Chapter 1 of this Part and includes a licence which has been granted under section 15 but has not come into force;

“market power determination” has the meaning given in section 7(1);

“modifying”, in relation to a licence condition, means adding, removing or altering a licence condition and related expressions are to be interpreted accordingly;

“representation” includes objection;

“urgent enforcement order” has the meaning given in section 35(1).

(2) References in this Part to providing a service, however expressed, include providing a facility (and related expressions are to be interpreted accordingly).

(3) References in this Part to a building or other structure are to any building or structure, whether above or below ground.

(4) References in this Part to a notice are to a notice in writing.

(5) References in this Part to remedying the consequences of a contravention of a licence condition or requirement include paying an amount to a person—

(a) by way of compensation for loss or damage suffered by the person, or

(b) in respect of annoyance, inconvenience or anxiety suffered by the person.

(6) Schedule 7 (index of defined expressions) has effect.

Other general provision

Regulations

73

(1) Regulations under this Part—

(a) may make different provision for different cases,

(b) may make provision generally or only for particular cases, and

(2) Regulations under this Part are to be made by statutory instrument.

(3) A statutory instrument containing regulations under the following provisions is subject to annulment in pursuance of a resolution of either House of Parliament—

(a) section 28(9);

(b) section 77;

(d) paragraph 6 of Schedule 6.

(4) A statutory instrument containing other regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Publication and production of documents

74

(1) Where a person is required to publish something by this Part, the person must publish it in such form and manner as the person considers appropriate for bringing it to the attention of persons likely to be affected by it.

(2) A person to whom a document is produced under this Part may take copies of the document.

Sending documents

75

(1) A document required or authorised by this Part to be sent to a person may be sent—

(a) by delivering it to the person or by leaving it at the person's proper address or by sending it by post to the person at that address,

(b) if the person is a body corporate, by sending it in accordance with paragraph (a) to the secretary of the body or to any other person authorised to receive the document on behalf of the body, or

(c) if the person is a partnership, by sending it in accordance with paragraph (a) to a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person to whom a document is to be sent is the person's last known address, except that—

(a) if the person is a body corporate, it is the address of the registered or principal office of the body, and

(b) if the person is a partnership or a partner or a person having the control or management of the partnership business, it is the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to whom a document is to be sent by another person under this Part has specified to that other person an address within the United Kingdom other than the proper address (as determined under subsection (2)) as the one to which documents of the same description as the document should be sent.

(5) In relation to that document, that address must be treated as the person's proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

(6) This section does not apply to a document if rules of court make provision about how or where it should be sent.

(7) In this section references to sending include references to similar expressions (such as giving).

Minor, consequential and transitional provision

76

(1) Part 4 of the Airports Act 1986 (economic regulation of airports) is repealed.

(2) Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (economic regulation of airports) is revoked.

(3) Schedule 8 (status of airport operators as statutory undertakers etc) has effect.

(4) Schedule 9 (regulation of operators of dominant airports: consequential provision) has effect.

(5) Schedule 10 (regulation of operators of dominant airports: transitional provision) has effect.

Crown application

77

(1) Chapter 2 of this Part binds the Crown to the extent that it applies or modifies provisions of the Competition Act 1998, subject to section 73 of that Act.

(2) The following provisions of this Part bind the Crown—

(a) Chapter 1, other than sections 50 to 52, and

(b) Chapter 3,

subject to subsections (3) and (5) to (9).

(3) Chapters 1 and 3 of this Part do not affect Her Majesty in her private capacity.

(4) Subsection (3) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Part.

(5) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in the course of carrying out exempt Crown functions.

(6) If the operator of an airport area (“area C”) exercises overall responsibility for its management in the course of carrying out exempt Crown functions—

(a) section 7(2) (requirement to make market power determination) does not apply in respect of area C,

(b) section 14(4) (deemed application for licence where airport area becomes dominant) does not apply in relation to the operator, and

(c) the absence of a licence in respect of area C does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in area C or another area that forms part of the same airport.

(7) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in an exempt Crown airport area.

(8) The absence of a licence in respect of an exempt Crown airport area does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in another area that forms part of the same airport.

(9) A licence must not include conditions relating to services provided in an exempt Crown airport area.

(10) For the purposes of this section, an airport area is an exempt Crown airport area if—

(a) it consists of all or part of a small airport,

(b) the operator of the airport area is the Crown or a person acting on behalf of the Crown, and

(11) For the purposes of this section, an airport is a small airport during a calendar year if in the previous calendar year—

(a) the number of passenger movements at the airport did not exceed 5 million, or

(b) the airport was not open to commercial traffic.

(12) In this section—

“exempt Crown functions” means the following functions to the extent that they are carried out by or on behalf of the Crown—customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009,functions relating to immigration, asylum or nationality,police functions, andother functions exempted for the purposes of this section by the Secretary of State by regulations;

“open to commercial traffic” and “passenger movements” have the same meaning as in Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.

PART 2 — Other aviation matters

Aviation security

Aviation security directions etc

78

(1) Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts of violence and other unlawful interference) is amended as follows.

(2) After section 14 insert—

(14A) (1) The CAA must keep under review the directions under sections 12 to 14 for the time being in force. (2) The CAA must, when it considers it appropriate, make recommendations to the Secretary of State about those directions and about the giving of further directions under those sections. (3) The CAA must make the recommendations in the form specified by the Secretary of State.

(3) After section 16 insert—

(16A) (1) This section applies where a direction under any of sections 12 to 14 makes provision requiring an individual who carries on, or wishes to carry on, an activity specified or described in the direction to be subject to national security vetting by the CAA. (2) The CAA must make arrangements for carrying out that vetting, including— (a) arrangements for renewing and withdrawing clearance, and (b) arrangements for appeals. (3) The Secretary of State may give directions to the CAA in connection with the arrangements, including directions as to— (a) steps to be included in the vetting process, (b) time limits for completing such steps, and (c) the period for which clearance is to remain valid. (4) The CAA must comply with a direction given to it under this section. (5) This section does not affect any other power relating to national security vetting.

(4) After section 23 insert—

(23A) (1) The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies. (2) If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 (CAA's general objectives) it must— (a) consult the Secretary of State, and (b) resolve the conflict in the manner directed by the Secretary of State, and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act.

(5) In section 24A(1) (interpretation)—

(a) for the definition of “authorised person” substitute—

“authorised person” means a person authorised in writing by the Secretary of State or the CAA for the purposes of this Part of this Act,

, and

(b) after that definition insert—

“the CAA” means the Civil Aviation Authority,

(6) Schedule 11 (aviation security directions etc: minor and consequential amendments) has effect.

Approved providers of aviation security services

79

(1) Section 20A of the Aviation Security Act 1982 (aviation security services: approved providers) is amended as follows.

(2) In subsection (2), for “provide for the Secretary of State to maintain a list of persons who are approved by him” substitute “ provide for the CAA to maintain a list of persons who are approved by it ”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

(za) provide for approval to be given, and persons to be listed, in respect of the provision of the aviation security service generally or only at a particular location;

(b) in paragraphs (a) and (b) for “that service” substitute “ the provision of that service generally or at the relevant location ”,

(da) make provision about factors to be taken into account when deciding whether to grant an application;

(d) after paragraph (e) insert—

(ea) make provision for employees of persons who are listed in respect of the provision of an aviation security service generally or at a particular location to be treated as listed in respect of the provision of that service generally or at that location (as appropriate) in specified circumstances;

(e) in paragraph (f), after “are listed” insert “ , or employees of such persons, ”,

(f) after that paragraph insert—

(fa) make provision about other conditions with which persons who apply to be listed or who are listed, or employees of such persons, must comply;

(g) in paragraph (g) omit “which shall include provision for appeal”, and

(h) in paragraph (i) after “functions” insert “ on the CAA, ”.

(4) After subsection (3) insert—

(3A) The regulations must— (a) include provision for appeals against the refusal of applications for inclusion in a list, (b) include provision for appeals against removal from a list, and (c) if they make provision described in subsection (3)(f) or (fa), include provision for appeals against the conditions.

(5) After subsection (5) insert—

(5A) In subsection (5) “listed person”, in relation to an aviation security service, means a person who is listed in respect of the provision of that service generally or at the relevant location.

Advice and assistance in connection with aviation security

80

After section 21G of the Aviation Security Act 1982 insert—

(21H) (1) The CAA must provide such advice and assistance to the Secretary of State as the Secretary of State requires in connection with matters relevant to the purposes to which this Part of this Act applies. (2) A requirement under subsection (1) may be expressed so as to operate as a continuing requirement on the CAA. (3) Nothing in this section affects the generality of section 16 of the Civil Aviation Act 1982 (provision by CAA of assistance etc for Secretary of State and others). (21I) (1) The CAA must provide such advice and assistance to the persons listed in subsection (3) as it considers appropriate having regard to the purposes to which this Part of this Act applies. (2) The CAA may, in particular, provide advice and assistance to such persons in connection with measures that they are required to take by directions under sections 12 to 14. (3) Those persons are— (a) managers of aerodromes in the United Kingdom, (b) authorities responsible for air navigation installations in the United Kingdom, (c) operators of aircraft registered or operating in the United Kingdom, (d) persons occupying land forming part of an aerodrome or air navigation installation in the United Kingdom, (e) persons permitted to have access to a security restricted area of such an aerodrome or air navigation installation for the purposes of carrying on a business, and (f) any other persons carrying on activities at or in connection with such an aerodrome or air navigation installation, or considering doing so, who are of a description notified to the CAA by the Secretary of State for the purposes of this section. (4) The Secretary of State may provide such advice and assistance to the persons listed in subsection (3) as the Secretary of State considers appropriate having regard to— (a) the purposes to which this Part of this Act applies, and (b) any advice and assistance provided to those persons by the CAA.

Power to modify functions of CAA etc relating to aviation security

81

After section 21I of the Aviation Security Act 1982 (inserted by section 80) insert—

(21J) (1) The Secretary of State may by regulations modify— (a) the functions of the CAA relating to the purposes to which this Part of this Act applies, and (b) the functions under this Part of this Act of persons authorised in writing by the CAA for the purposes of this Part. (2) Regulations under this section may, in particular— (a) confer powers, or impose duties, on the CAA or persons mentioned in subsection (1)(b), (b) remove or restrict powers or duties of the CAA or such persons, (c) require the CAA to comply with directions given by the Secretary of State when carrying out a function conferred by the regulations, (d) make different provision for different cases, (e) amend or repeal an enactment (whenever passed), including a provision of this Part of this Act, and amend or revoke a provision of an instrument made under an enactment (whenever made), and (f) include consequential, supplementary, incidental, transitional, transitory and saving provision. (3) The Secretary of State must consult the CAA before making regulations under this section. (4) The regulations must be made by statutory instrument. (5) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Transfer schemes

82

(1) The Secretary of State may make one or more schemes for the transfer to the Civil Aviation Authority (“the CAA”) of—

(a) rights, powers, duties and liabilities of the Crown in connection with individuals employed in the civil service of the Crown, and

(b) other property, rights and liabilities of the Crown.

(2) A scheme may transfer only such property, rights, powers, duties and liabilities as the Secretary of State considers appropriate having regard to—

(a) the functions conferred on the CAA by or under Part 2 of the Aviation Security Act 1982 (as amended by sections 78 to 81 and Schedule 11), and

(b) the functions of persons authorised by the CAA for the purposes of that Part (as so amended).

(3) Before making a scheme under this section the Secretary of State must consult the CAA.

(4) Schedule 12 (aviation security: further provision about transfer schemes) has effect.

Provision of information about aviation

Information for benefit of users of air transport services

83

(1) The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate for the purpose of assisting users of air transport services to compare—

(a) air transport services provided to or from a civil airport;

(b) services and facilities provided at a civil airport in the United Kingdom;

(c) services and facilities provided elsewhere in the United Kingdom and used, or likely to be used, in connection with the use of air transport services provided to or from a civil airport.

(2) The CAA may publish guidance and advice with a view to improving the standard of such services and facilities for users of air transport services.

(3) The CAA must take such steps as it considers practicable to keep under review information, guidance and other advice that is published under this section by the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the disclosure of, information if the CAA could refuse to disclose the information in response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than the CAA must be published in such form and manner as the CAA considers appropriate.

(7) In this section—

“air transport service” means a service for the carriage by air of passengers or cargo to or from an airport in the United Kingdom;

“airport” has the same meaning as in Part 1 of this Act (see sections 66 and 67);

“civil airport” means an airport other than a military airport;

“user”, in relation to an air transport service, means a person who—is a passenger carried by the service, orhas a right in property carried by the service.

(8) In this section references to users of air transport services include potential users of such services.

Environmental information

84

(1) The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate relating to—

(a) the environmental effects of civil aviation in the United Kingdom,

(b) how human health and safety is, or may be, affected by such effects, and

(c) measures taken, or proposed to be taken, with a view to reducing, controlling or mitigating the adverse environmental effects of civil aviation in the United Kingdom.

(2) The CAA may publish guidance and advice with a view to reducing, controlling or mitigating the adverse environmental effects of civil aviation in the United Kingdom.

(3) The CAA must take such steps as it considers practicable to keep under review information, guidance and other advice that is published under this section by the CAA or by other persons.

(4) Subsection (1) does not require the CAA to disclose, or arrange for the disclosure of, information if it could refuse to disclose the information in response to a request made under the Freedom of Information Act 2000.

(5) For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.

(6) Information and advice published under subsection (1) by persons other than the CAA must be published in such form and manner as the CAA considers appropriate.

(7) In this section—

“civil aviation” means civil airports, associated facilities and aircraft using such airports;

“airport” has the same meaning as in Part 1 of this Act (see sections 66 and 67);

“associated facilities”, in relation to an airport, means facilities used, or intended to be used, in connection with the airport;

“civil airport” means an airport other than a military airport.

(8) In this section references to the environmental effects of civil aviation include—

(a) substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,

(b) visual or other disturbance to the public,

(c) effects from works carried out at civil airports or associated facilities or in the construction of such airports or facilities, and

(d) effects from services provided at civil airports or associated facilities.

Power to obtain information

85

(1) The CAA may by notice require a person to provide—

(a) information, or

(b) a document that is in the person's custody or under the person's control.

(2) The CAA may give a notice under this section only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under section 83 or 84.

(3) The notice may require the information or document to be provided—

(a) at a time and place specified in the notice, and

(b) in a form and manner specified in the notice.

(4) The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court.

(5) “The appropriate court” means—

(a) in relation to England and Wales and Northern Ireland, the High Court, and

(b) in relation to Scotland, the Court of Session.

(6) Schedule 6 (restrictions on disclosure of information) applies to information and documents provided to the CAA by virtue of this section as it applies to information obtained under or by virtue of Chapter 1 of Part 1.

Enforcement of information notice

86

(1) If a person fails to comply with a notice under section 85 without reasonable excuse, the CAA may do either or both of the following—

(a) impose a penalty on the person;

(b) enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.

(2) The amount of the penalty must be such amount as the CAA determines to be—

(a) appropriate, and

(b) proportionate to the failure in respect of which it is imposed.

(3) A penalty may consist of either or both of the following—

(a) a fixed amount;

(b) an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).

(4) A fixed amount must not exceed £50,000.

(5) A daily amount must not exceed £5,000.

(6) A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8).

(7) The period must begin after the day on which the CAA gives the notice under section 89 stating that it has imposed the penalty.

(8) The period must end before the day on which the person provides the information or documents specified in the notice under section 85.

(9) The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5).

(10) The regulations must be made by statutory instrument.

(11) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Penalty for providing false information, destroying documents etc

87

(1) The CAA may impose a penalty on a person if, in relevant circumstances, the person provides information to the CAA that is false or misleading in a material respect and—

(a) the person knows that the information is false or misleading, or

(b) the person is reckless as to whether the information is false or misleading.

(2) A person provides information in relevant circumstances if the person does so—

(a) in response to a notice under section 85, or

(b) knowing that the CAA is likely to use the information for the purpose of carrying out its functions under section 83 or 84.

(3) The CAA may impose a penalty on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under section 85.

(4) The amount of a penalty imposed on a person under this section must be such amount as the CAA determines to be—

(a) appropriate, and

(b) proportionate to the action in respect of which it is imposed.

Procedure before imposing penalty

88

(1) Before imposing a penalty on a person under section 86 or 87 the CAA must—

(a) give the person a notice about the proposed penalty,

(b) publish the notice as soon as practicable, and

(c) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2) The notice under subsection (1) must—

(a) state that the CAA proposes to impose a penalty,

(b) state the proposed amount of the penalty, and

(3) In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or the circumstances in which, they would cease to accumulate.

(4) The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(5) Before varying the proposed amount of the penalty, the CAA must—

(a) give the person on whom the penalty is to be imposed a notice about the proposed variation,

(b) publish the notice as soon as practicable, and

(c) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(6) In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying—

(a) the day on which daily amounts would begin to accumulate, and

(b) the day on which, or circumstances in which, they would cease to accumulate.

(7) The notice under subsection (5) must—

(a) specify the proposed variation, and

(b) give the CAA's reasons for the proposed variation.

(8) The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(9) The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.

(10) The CAA must publish a notice under subsection (9) as soon as practicable after it is given.

Procedure after imposing penalty

89

(1) As soon as practicable after imposing a penalty on a person under section 86 or 87, the CAA must—

(a) give a notice to the person on whom the penalty is imposed, and

(b) publish the notice.

(2) The notice must—

(a) state that the CAA has imposed the penalty,

(b) state the amount of the penalty,

(d) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3) In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the notice must specify—

(a) the day on which daily amounts begin to accumulate, and

(b) the day on which, or the circumstances in which, they cease to accumulate.

(4) As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate, and

(b) publish the notice.

Appeals

90

Schedule 13 (appeals against penalties) has effect.

Recovering penalties

91

(1) Subsections (2) and (3) apply if all or part of a penalty imposed on a person under section 86 or 87 is not paid within the period specified in the notice given in respect of the penalty under section 89.

(2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from the person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty under section 86 or 87 or interest under this section must be paid into the Consolidated Fund.

Statement of policy

92

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) carrying out its functions under sections 83 and 84,

(b) imposing penalties under sections 86 and 87, and

(2) The CAA may revise a statement of policy and, if it does so, it must publish the revised statement.

(3) When preparing or revising a statement of policy with respect to carrying out the functions under sections 83 and 84, the CAA must have regard to the principle that the benefits of carrying out the functions should outweigh any adverse effects.

(4) When imposing a penalty under section 86 or 87, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published under this section before the act or omission in respect of which the penalty is to be imposed.

(5) When preparing or revising a statement of policy, the CAA must consult such persons as it considers appropriate.

Minor definitions

93

In sections 83 to 92 and Schedule 13—

(a) “the CAA” means the Civil Aviation Authority, and

(b) references to a notice are to a notice in writing.

Regulation of provision of flight accommodation

94

(1) Section 71 of the Civil Aviation Act 1982 (regulation of provision of accommodation in aircraft) is amended in accordance with subsections (2) to (4).

(2) For subsection (1) substitute—

(1) The Secretary of State may by regulations make provision so as to secure— (a) that a person does not in the United Kingdom make available flight accommodation, either as principal or agent, unless the person meets the condition in subsection (1A) or (1B); (b) that a person does not in the United Kingdom hold himself or herself out as one who may make flight accommodation available, either as principal or agent or without disclosing the person's capacity, unless the person meets the condition in subsection (1A) or (1B); (c) that a person (“A”) acting as an agent for another person (“B”), in the course of a business carried on by A, does not in the United Kingdom procure flight accommodation on behalf of B unless A meets the condition in subsection (1A); (d) that a person (“P”) acting in the course of a business carried on by P does not in the United Kingdom facilitate the making available of flight accommodation by another person in circumstances in which one or more prescribed arrangements relating to payment apply, unless P meets the condition in subsection (1A). (1A) A person meets the condition in this subsection if the person— (a) holds and acts in accordance with a licence issued in pursuance of the regulations, or (b) is exempt from the need to hold a licence as a result of provision made by or under the regulations. (1B) A person meets the condition in this subsection if the person— (a) is the operator of the aircraft on which flight accommodation is made available, and (b) in making the flight accommodation available is acting as a flight-only provider. (1C) The regulations may make provision for the purposes of subsection (1B) about when the operator of an aircraft acts as a flight-only provider. (1D) The arrangements relating to payment that may be prescribed under subsection (1)(d) are any arrangements under which P makes or receives payment, or facilitates the making or receipt of payment by another person, in connection with the making available of the flight accommodation.

(3) In subsection (2)—

(a) in paragraph (b), for the words from “the minimum charges” to the end substitute “ goods, services and other benefits which are or are not to be provided by any person in prescribed circumstances; ”, and

(b) omit paragraph (f).

(4) After subsection (2) insert—

(3) The Secretary of State may by regulations make provision— (a) imposing requirements to be complied with by persons holding licences issued in pursuance of regulations under subsection (1), or by prescribed descriptions of such persons, which may include requirements as to goods, services or other benefits which are or are not to be provided by any person in prescribed circumstances; (b) about rights of action in respect of contraventions of requirements imposed by virtue of paragraph (a); (c) imposing criminal penalties for contraventions of such requirements. (4) Regulations made by virtue of subsection (3)(c) may not provide for penalties exceeding, in the case of each contravention— (a) on summary conviction, a fine of the statutory maximum; (b) on conviction on indictment, a fine and imprisonment for a term not exceeding 2 years. (5) In this section “flight accommodation” means accommodation for the carriage of persons on flights in any part of the world.

(5) In consequence of the above—

(a) in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982 (contributions by licence holders to Air Travel Trust) for “71” substitute “ 71(1) ”;

(b) in section 99(4) of that Act (offences) for “71” substitute “ 71(1) or (3) ”.

CAA membership

95

(1) In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection (2) substitute—

(2) The CAA is to consist of at least seven but not more than sixteen members. (2A) It is to consist of— (a) a person appointed to chair the CAA (“the chair”) and other non-executive members, and (b) a chief executive and other executive members. (2B) The chair and other non-executive members are to be appointed by the Secretary of State. (2C) The Secretary of State may appoint a deputy chair from among the non-executive members. (2D) The chief executive is to be appointed by the non-executive members with the approval of the Secretary of State. (2E) Other executive members are to be appointed by the chief executive with the approval of— (a) the chair, and (b) at least one other non-executive member. (2F) The Secretary of State and the chief executive must exercise their powers under this section to secure that, so far as practicable, the number of non-executive members exceeds the number of executive members.

(2) In paragraph 12 of Schedule 1 to that Act (CAA staff), at the beginning insert “ Subject to section 2, ”.

(3) In paragraph 18 of that Schedule (interpretation of additional provisions relating to constitution, etc of CAA), for the words from “ “the chairman”” to “the CAA and” substitute

— (a) chair”, “deputy chair”, “member”, “executive member” and “non-executive member” mean respectively the chair, the deputy chair, a member, an executive member and a non-executive member of the CAA, and (b)

Non-executive members of CAA

96

(1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.

(2) For the heading immediately before paragraph 1 substitute— “ Appointment and tenure of non-executive members ”.

(3) In paragraphs 1 to 4 for “a member”, in each place, substitute “ a non-executive member ”.

(4) In paragraph 1(b) for “each member” substitute “ each non-executive member ”.

(5) In paragraphs 2 to 4 for “the chairman or a deputy chairman”, in each place, substitute “ the chair or deputy chair ”.

(6) In paragraph 5 for sub-paragraph (1) substitute—

(1) The Secretary of State may by notification in writing remove a non-executive member from office if the Secretary of State is satisfied that the member— (a) has a financial or other interest that is likely to affect prejudicially the performance of the member's functions, (b) has become bankrupt or made an arrangement with the member's creditors, (c) is a person in respect of whom a debt relief order has been made under Part 7A of the Insolvency Act 1986, (d) is failing, or has failed, to perform the functions of a non-executive member, or (e) is otherwise unable or unfit to perform those functions.

(7) For the heading immediately before paragraph 6 substitute— “ Remuneration etc of non-executive members ”.

(8) In paragraph 6—

(a) for “member” substitute “ non-executive member ”, and

(b) omit “with the consent of the Treasury”.

(9) In paragraph 7—

(a) omit “with the consent of the Treasury”,

(b) for “pensions, allowances or gratuities to or in respect of” substitute “ allowances to ”,

(d) omit sub-paragraph (2).

(10) In paragraph 8—

(a) for “member” substitute “ non-executive member ”, and

(b) omit “with the consent of the Treasury” in both places.

(11) Omit paragraph 13(2) (member's participation in employee pension scheme).

Executive members of CAA

97

(1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.

(2) After paragraph 8 insert—

(8A) (1) The chief executive is to be employed on such terms and conditions as the non-executive members may determine. (2) Other executive members are to be employed on such terms and conditions as the chief executive may determine with the approval of the chair and at least one other non-executive member. (3) In sub-paragraphs (1) and (2) references to terms and conditions include terms and conditions as to remuneration and the payment of pensions, allowances or gratuities. (4) The CAA shall make provision for the payment of pensions, allowances and gratuities to or in respect of executive members in accordance with their terms and conditions.

(3) In paragraph 12 (staff)—

(a) after “a reference to” insert

a person who is— (a) an executive member, or (b)

, and

(b) at the end insert “ (referred to in this Act as a “general employee”) ”.

(4) In paragraph 13(1) (payment of pensions, allowances and gratuities) for “its employees” substitute “ its general employees ”.

(5) In Schedule 3 to that Act (matters arising out of certain transfers to the CAA), in paragraph 2(1) for “an employee” substitute “ a general employee ”.

98

(1) In section 66 of the Transport Act 2000 (CAA's air navigation functions), for subsection (3) substitute—

(3) The chief executive of the CAA must, with the approval of the chair and at least one other non-executive member of the CAA, nominate another executive member of the CAA for the purposes of this section. (3A) A person nominated under subsection (3) must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify. (3B) The chief executive must consult the Secretary of State before nominating a person under subsection (3).

(2) In section 67 of that Act (national security nominee), in subsection (1) for “member” substitute “ non-executive member ”.

Transitional and saving provision

99

Schedule 14 (CAA membership: transitional and saving provision) has effect.

Further provision about CAA

CAA charges

100

(1) Section 11 of the Civil Aviation Act 1982 (schemes and regulations determining CAA's charges) is amended as follows.

(2) In subsection (1) omit “, after consultation with the Secretary of State,”.

(3) After that subsection insert—

(1A) Before making a scheme under this section, the CAA must— (a) consult the persons who, in its opinion, are likely to be affected by the scheme or such of those persons as it thinks fit, and (b) after consulting those persons, consult the Secretary of State.

(4) In subsection (2) for “sixty days” substitute “ 14 days ”.

(5) After subsection (3) insert—

(3A) Before making regulations under this section, the Secretary of State must consult the persons who, in the Secretary of State's opinion, are likely to be affected by the regulations or such of those persons as the Secretary of State thinks fit. (3B) Subsection (3A) does not apply if the Secretary of State is satisfied that such consultation is unnecessary having regard to consultation carried out by the CAA in accordance with subsection (1A).

(6) In section 16 of that Act (provision by CAA of assistance etc for Secretary of State and others), in subsection (4A)—

(a) after “with” insert

— (a)

, and

(b) at the end insert

, or (b) the making of regulations under section 11(3).

(7) In section 17 of that Act (provision by CAA of information etc for Secretary of State), at the end insert—

(4) Subsection (3) above does not apply in relation to information furnished to the Secretary of State in connection with the making of regulations under section 11(3).

Criminal proceedings

101

In section 20 of the Civil Aviation Act 1982 (supplementary provisions with respect to the functions of CAA), after subsection (1) insert—

(1A) The power conferred on the CAA by subsection (1)(a) includes power to institute and carry on criminal proceedings in England and Wales or Northern Ireland.

CAA efficiency

102

(1) Section 21 of the Civil Aviation Act 1982 (annual report) is amended as follows.

(2) In subsection (2), after paragraph (d) insert—

(e) shall contain a statement by the CAA about efficiency in the performance of its functions (an “efficiency statement”); (f) shall contain the auditors' assessment mentioned in subsection (2B).

(3) After subsection (2) insert—

(2A) The Secretary of State may from time to time give directions about matters that must be covered in an efficiency statement, including matters relating to the plans or the past or present activities of the CAA. (2B) The auditors appointed under section 15(2) in respect of an accounting year must produce an assessment of the efficiency statement for that year.

Civil sanctions

103

(1) Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) is amended as follows.

(2) In Schedule 5 (designated regulators) at the appropriate place insert— “ Civil Aviation Authority ”.

(3) In Schedule 7 (powers under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert— “ Civil Aviation Act 1982, sections 7, 61, 71, 71A, 86 ”.

Regulatory burdens

104

(1) Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to which duty not to impose or maintain unnecessary burdens applies) is amended as follows.

(2) In subsection (1), after paragraph (a) insert—

(aa) the regulatory functions specified in subsection (2A),

(3) After subsection (2) insert—

(2A) The regulatory functions referred to in subsection (1)(aa) are the regulatory functions exercised by the Civil Aviation Authority under— (a) Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services); (b) Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of operators of dominant airports).

(4) In subsection (3) for “subsection (2)” substitute “ subsection (2) or (2A) ”.

Disclosure of medical information

105

(1) Section 23 of the Civil Aviation Act 1982 (disclosure of information) is amended as follows.

(2) In subsection (1) for “subsection (4)” substitute “ subsections (4) and (4A) ”.

(3) After subsection (4) insert—

(4A) Nothing in subsection (1) above prohibits the disclosure of medical information provided to the CAA in accordance with an Air Navigation Order if— (a) the disclosure is for the purposes of medical research approved by a research ethics committee, (b) the CAA considers that the research is likely to improve understanding of risks to the health of the types of individual who are required by an Air Navigation Order to provide medical information to the CAA, (c) the CAA considers that it would be difficult or expensive to take the steps necessary to enable all of the information to be disclosed in reliance on subsection (1), and (d) the information disclosed is anonymised. (4B) For the purposes of subsection (4A)(d), information is anonymised if no individual can be identified— (a) from that information, or (b) from that information and any other information which the CAA has reasonable grounds for believing is likely to be in the possession of the person to whom it is disclosed or is likely to come into that person's possession.

(4) After subsection (6) insert—

(7) In this section “research ethics committee” means a committee which is— (a) established to advise on the ethics of research investigations in human beings, and (b) recognised for that purpose by the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland or by a body comprising two or more of those persons.

Miscellaneous

Dangerous flying

106

(1) Section 81 of the Civil Aviation Act 1982 (dangerous flying) is repealed.

(2) In consequence of subsection (1), that Act is amended in accordance with subsections (3) to (7).

(3) In section 76 (liability of aircraft in respect of trespass etc), in subsection (1) omit the words “and there has been no breach of section 81 below”.

(4) In section 92 (application of criminal law to aircraft), in the definition of “the air navigation enactments” in subsection (5), for “81 to” substitute “ 82, ”.

(5) In section 101 (power to apply certain provisions to Crown aircraft), in subsection (2) omit “81,”.

(6) In Part 3 of Schedule 13 (subordinate instruments: supplemental powers), in paragraph 4(2) omit “81,”.

(7) In Schedule 14 (transitional and transitory provisions and savings), in paragraph 7 omit “81,”.

Offences under Civil Aviation Act 1982

107

(1) Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows.

(2) In subsection (4)—

(a) for “or under” substitute “ , under ”, and

(b) at the end insert “ or under an Air Navigation Order ”.

(3) In subsection (5) omit paragraphs (c) and (d).

PART 3 — Final provisions

Power to make consequential and transitional provision

108

(1) The Secretary of State may by regulations make consequential, transitional, transitory or saving provision in relation to any provision of this Act.

(2) The regulations may, in particular, amend, repeal, revoke or otherwise modify legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

“legislation”, in relation to regulations made in relation to a provision of this Act, means—an enactment passed before the end of the Session in which this Act is passed, including an enactment contained in this Act, andan instrument made under an enactment before the provision of this Act comes into force;

“enactment” means an enactment contained in—an Act,an Act or Measure of the National Assembly for Wales,an Act of the Scottish Parliament, orNorthern Ireland legislation.

Financial provision

109

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

110

(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (4).

(2) The following provisions come into force on the day on which this Act is passed—

(a) paragraphs 1 and 7 of Schedule 10 and section 76(5) so far as it relates to those paragraphs, and

(b) this Part.

(3) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) sections 83 to 93 and Schedule 13,

(b) section 94,

(d) section 101, and

(e) sections 105 to 107.

(4) The day appointed for the coming into force of section 3 must fall on or after 1 April 2014, unless paragraph 3 of Schedule 10, or provision having equivalent effect, comes into force on or before the appointed day.

(5) An order under this section must be made by statutory instrument.

(6) An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

Extent

111

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).

(2) The amendments, repeals and revocations made by section 76 and Schedules 8 and 9 have the same extent as the provisions amended, repealed or revoked.

Channel Islands, Isle of Man and British overseas territories

112

(1) The powers in section 108(1) of the Civil Aviation Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) are exercisable in relation to the amendments of that Act made by or under this Act.

(2) The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) are exercisable in relation to the amendments of that Act made by or under this Act.

(3) The power in section 107 of the Transport Act 2000 (extension outside United Kingdom) is exercisable in relation to the amendments of provisions listed in section 107(2) of that Act made by or under this Act.

Short title

113

This Act may be cited as the Civil Aviation Act 2012.

SCHEDULE 1

Appeals against determinations

1

(1) The following may appeal to the Competition Appeal Tribunal against a market power determination in respect of an airport area—

(a) a person who is the operator of the area at the time the determination is made, and

(b) any other person whose interests are materially affected by the determination.

(2) A person who is the subject of an operator determination may appeal to the Competition Appeal Tribunal against the determination.

(3) The making of an appeal under this paragraph in respect of a determination does not suspend the effect of the determination, unless the Competition Appeal Tribunal orders otherwise.

Notice of appeal

2

(1) An appeal under paragraph 1 against a determination must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.

(2) The notice must be received by the Registrar before the end of the period of 60 days beginning with the relevant day.

(3) In this paragraph “the relevant day” means the later of—

(a) the day on which the CAA publishes the notice of the determination, and

(b) the day on which the CAA publishes the reasons for the determination.

(4) Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force—

(a) as to the person to whom a notice of an appeal under paragraph 1 must be given;

(b) providing that such a notice must be received within a longer or shorter period beginning with the relevant day.

Decisions on appeal

3

(1) The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the market power determination or operator determination appealed against was wrong on one or more of the following grounds—

(a) that the determination was based on an error of fact;

(b) that the determination was wrong in law;

(2) It may—

(a) confirm or set aside all or part of the market power determination or operator determination;

(b) direct the CAA to make a further determination;

(c) give the CAA such other directions as it considers appropriate, including directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

(5) If the CAA fails to comply with a direction to make a further market power determination in respect of an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.

(6) If the Competition Appeal Tribunal makes a market power determination under sub-paragraph (5)—

(a) the determination has effect as if made by the CAA, and

(b) section 8 applies in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.

(7) If the CAA fails to comply with a direction to make a further operator determination in respect of a person and an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.

(8) If the Competition Appeal Tribunal makes an operator determination under sub-paragraph (7)—

(a) the determination has effect as if made by the CAA under section 10(1), and

(b) sections 10(2) and 11(1) to (3) and (5) apply in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.

Effect of suspending or setting aside market power determination

4

(1) This paragraph applies where—

(a) the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),

(b) the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,

(d) there is subsequently an appeal under this Schedule against determination B.

(2) If the effect of determination B is suspended under paragraph 1(3), determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(3) If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(4) If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.

(5) If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.

(6) Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.

(7) Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.

Appeals to Competition Appeal Tribunal: supplementary

5

(1) When deciding an appeal under paragraph 1 (including giving directions), making an order under paragraph 1 or 4 or making a market power determination or operator determination, the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.

(2) When deciding an appeal under paragraph 1 relating to a market power determination (including giving directions) or making such a determination, the Competition Appeal Tribunal must have regard to the notices, guidance, advice and information described in section 6(10).

Further appeals

6

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.