Civil Aviation Act 2012

9

In paragraph 19A of Schedule 7 to the Competition Act 1998 (performance of Commission's general functions: rules of procedure), in the definition of “special reference group” in sub-paragraph (9), omit paragraphs (c) and (j).

Greater London Authority Act 1999 (c. 29)

10

In section 235(3) of the Greater London Authority Act 1999 (exceptions from restrictions on disclosure of information), after paragraph (s) insert—

(t) Part 1 of the Civil Aviation Act 2012

.

Utilities Act 2000 (c. 27)

11

In section 105(6) of the Utilities Act 2000 (exceptions from restrictions on disclosure of information), after paragraph (w) insert—

(x) Part 1 of the Civil Aviation Act 2012

.

Transport Act 2000 (c. 38)

12

In paragraph 3(3) of Schedule 9 to the Transport Act 2000 (exceptions from restrictions on disclosure of information), after paragraph (re) insert—

(rf) Part 1 of the Civil Aviation Act 2012;

.

Enterprise Act 2002 (c. 40)

13

The Enterprise Act 2002 is amended as follows.

14

• (1) Section 168 (regulated markets) is amended as follows.

• (2) In subsection (3)—

• (a) omit paragraph (b), and

• (b) at the end insert—

(q) modifying the conditions of a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012

.

• (3) In subsection (4)—

• (a) omit paragraph (b), and

• (b) at the end insert—

(s) in relation to a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012, the duties of the Civil Aviation Authority under section 1 of that Act

.

15

In Schedule 15 (enactments conferring functions for the purposes of which information may be disclosed), at the end insert— “ Civil Aviation Act 2012. ”

Civil Contingencies Act 2004 (c. 36)

16

• (1) Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders) is amended as follows.

• (2) In Part 3 (category 2 responders: general), after paragraph 26 insert—

(26A) A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Great Britain.

• (3) In Part 4 (category 2 responders: Scotland), after paragraph 36 insert—

(36A) A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Scotland.

Further repeals and revocations

17

The following repeals and revocations are consequential on section 76(1) and (2) and the preceding paragraphs of this Schedule.

SCHEDULE 10

PART 1 — Regulation

Definitions

1

In this Part of this Schedule—

• “the 1986 Act” means the Airports Act 1986;

• “the 1994 Order” means the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1));

• “the commencement day” means the day on which section 3 of this Act comes into force;

• “designated airport” means an airport (as defined in the 1986 Act or the 1994 Order) which is designated for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;

• “the interim period” means the period beginning with the commencement day and ending with 31 March 2014.

Market power determinations: designated airports

2

• (1) This paragraph applies where, immediately before the commencement day, an airport is a designated airport.

• (2) The market power test is to be treated as met on the commencement day in relation to the airport area consisting of the whole of the airport.

• (3) Part 1 of this Act has effect on and after the commencement day as if the CAA—

• (a) had made a determination to that effect on the commencement day, and

• (b) had published a notice of the determination on that day in accordance with section 8.

• (4) In section 7(5) (disapplication of CAA's duty to make market power determination), the reference to a market power determination previously made by the CAA does not include a determination treated as made by virtue of sub-paragraph (3).

• (5) Section 8(3) (CAA's reasons for determination) does not apply in relation to the notice treated as published under sub-paragraph (3).

• (6) A person may not appeal under Schedule 1 against the market power determination treated as made under sub-paragraph (3).

Exemption from prohibition for designated airports during interim period

3

• (1) This paragraph applies where, immediately before the commencement day, an airport is a designated airport.

• (2) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided at the airport during the shorter of the following periods—

• (a) the interim period;

• (b) the period beginning with the commencement day and ending with the day on which the airport ceases to be a designated airport.

Designation and de-designation before commencement day

4

• (1) In section 7(5) (disapplication of CAA's duty to make market power determination), the reference to a market power determination previously made by the CAA in relation to an airport area (or an area that includes all of a particular airport area) includes any of the following that are made on or after 10 November 2011—

• (a) an order designating the airport at which the area is located for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;

• (b) an order revoking the designation of that airport for those purposes;

• (c) a decision by the Secretary of State or the Department of the Environment in Northern Ireland not to make an order mentioned in paragraph (a) or (b).

• (2) Where—

• (a) a request is made before the commencement day for an order designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order or revoking the designation of an airport for those purposes, and

• (b) the Secretary of State or the Department of the Environment in Northern Ireland does not make the order, or decide not to make the order, before the commencement day,

the request is to be treated on and after that day as a request to the CAA for a market power determination in respect of the airport area consisting of the whole of the airport.

• (3) In this paragraph, references to an airport are to an airport as defined in the 1986 Act or the 1994 Order, except in the expression “airport area”.

Designation and de-designation during interim period

5

• (1) During the interim period, an order may not be made designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order.

• (2) Section 40A(1) of the 1986 Act and Article 31A(1) of the 1994 Order (duty to designate airports in specified circumstances) do not require an order designating an airport for those purposes to be made during the interim period.

• (3) During the interim period, an order designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order—

• (a) must be revoked if the CAA makes, and publishes a notice of, a determination that the market power test is not met in relation to the designated airport (subject to sub-paragraph (4)), and

• (b) may not otherwise be revoked.

• (4) During the interim period, such an order must not be revoked—

• (a) during the period in which a person may appeal to the Competition Appeal Tribunal against the determination,

• (b) at a time when the effect of the determination is suspended or the Secretary of State or the Department of the Environment in Northern Ireland considers that it may be suspended, or

• (c) if all or part of the determination has been set aside or quashed.

• (5) Where—

• (a) a request is made during the interim period for an order revoking the designation of an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order, and

• (b) the Secretary of State or the Department of the Environment in Northern Ireland does not make the order, or decide not to make the order, before the end of that period,

the request is to be treated after the end of the interim period as a request to the CAA for a market power determination in respect of the airport area consisting of the whole of the airport.

• (6) In this paragraph, references to an airport are to an airport as defined in the 1986 Act or the 1994 Order, except in the expressions “airport area” and “dominant airport”.

Modification of preceding paragraphs

6

• (1) This paragraph applies where an airport as defined in section 66 of this Act (a “2012 Act airport”) consists of an airport as defined in the 1986 Act or the 1994 Order (a “predecessor airport”) and other land, buildings and structures.

• (2) In this paragraph “the main operator's airport area” means the whole of the area at the 2012 Act airport in respect of which the operator (as defined in this Act) on the commencement day is the person who was the operator (as defined in the 1986 Act or the 1994 Order) of the predecessor airport immediately before the commencement day.

• (3) In paragraph 2—

• (a) the reference in sub-paragraph (1) to an airport is to the predecessor airport, and

• (b) the reference in sub-paragraph (2) to the airport area consisting of the whole of the airport is to the main operator's airport area.

• (4) In paragraph 3—

• (a) the reference in sub-paragraph (1) to an airport is to the predecessor airport,

• (b) the reference in sub-paragraph (2) to services provided at the airport is to services provided in the main operator's airport area, and

• (c) the reference in sub-paragraph (2)(b) to the airport is to the predecessor airport.

• (5) An airport area that is not located at the predecessor airport is to be treated as located at that airport for the purposes of paragraph 4(1) if it forms part of the main operator's airport area.

• (6) Where a request falling within paragraph 4(2)(a) and (b) is made in relation to the predecessor airport, the request is to be treated on and after the commencement day as a request for a market power determination in respect of the main operator's airport area.

• (7) In paragraph 5(3), the reference to a determination that the market power test is not met in relation to the designated airport includes a determination that it is not met in relation to an airport area that includes the whole of the predecessor airport.

• (8) Where a request falling within paragraph 5(5)(a) and (b) is made in relation to the predecessor airport, the request is to be treated after the end of the interim period as a request for a market power determination in respect of the main operator's airport area.

Power to amend this Schedule

7

The power under section 108 may not be used—

• (a) to provide that the interim period ends before 31 March 2014, or

• (b) to make provision having an effect equivalent to any effect that would result from such a change.

PART 2 — Status of airport operators as statutory undertakers etc

Great Britain

8

In paragraphs 9 to 12 “the commencement day” means the day on which Part 1 of Schedule 8 comes into force.

9

• (1) This paragraph applies where, in relation to an airport, a permission to levy airport charges is in force under Part 4 of the Airports Act 1986 (economic regulation of airports) immediately before the commencement day (but see paragraph 11).

• (2) The permission has effect on and after the commencement day as if it were a certificate granted by the CAA under section 57A of that Act (statutory undertakers) (inserted by Part 1 of Schedule 8).

10

• (1) This paragraph applies where, immediately before the commencement day, there subsists a pending application made by the operator of an airport in accordance with section 38 of the Airports Act 1986 for a permission to levy airport charges (but see paragraph 11).

• (2) The application has effect on and after the commencement day as if it were an application for a certificate under section 57A of that Act (statutory undertakers) (inserted by Part 1 of Schedule 8).

• (3) Part 5 of the Airports Act 1986 (statutory undertakers) applies to the airport while the application is pending.

11

Paragraphs 9 and 10 do not apply where the airport is an airport mentioned in section 57A(5) of the Airports Act 1986 (airports owned by councils or transport authorities etc) (inserted by Part 1 of Schedule 8).

12

Nothing in this Act affects any rights or liabilities accruing under or by virtue of Part 5 of the Airports Act 1986 (statutory undertakers) before the commencement day.

13

In paragraphs 9 to 11, “airport” has the same meaning as in the Airports Act 1986.

Northern Ireland

14

In paragraphs 15 to 17 “the commencement day” means the day on which Part 2 of Schedule 8 comes into force.

15

• (1) This paragraph applies where, in relation to an airport, a permission to levy airport charges is in force under Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (economic regulation of airports) immediately before the commencement day.

• (2) The permission has effect on and after the commencement day as if it were a certificate granted by the CAA under Article 2A of that Order (statutory undertakers) (inserted by Part 2 of Schedule 8).

16

• (1) This paragraph applies where, immediately before the commencement day, there subsists a pending application made by the operator of an airport in accordance with Article 29 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) for a permission to levy airport charges.

• (2) The application has effect on and after the commencement day as if it were an application for a certificate under Article 2A of that Order (regulated airports) (inserted by Part 2 of Schedule 8).

• (3) The airport is to be treated as a regulated airport for the purposes of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) while the application is pending.

17

Nothing in this Act affects any rights or liabilities accruing under or by virtue of Part 2 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (powers in relation to land exercisable in connection with airports) or Article 25 or 26 of that Order before the commencement day.

18

In paragraphs 15 to 17, “airport” has the same meaning as in the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)).

SCHEDULE 11

Civil Aviation Act 1982 (c. 16)

1

Part 1 of the Civil Aviation Act 1982 (administration) is amended as follows.

2

In section 11 (charges by CAA) at the end insert—

(8) References in this section to functions of the CAA include functions conferred by or under Part 2 of the Aviation Security Act 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA.

3

In section 20 (supplementary provisions with respect to functions of the CAA) at the end insert—

(5) References in this section to functions of the CAA include functions conferred by or under Part 2 of the Aviation Security Act 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA.

Aviation Security Act 1982 (c. 36)

4

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

5

For the heading before section 11 substitute “ Information ”.

6

• (1) Section 11 (power to require information) is amended as follows.

• (2) In subsection (1)—

• (a) for “The Secretary of State” substitute “ A relevant authority ”,

• (b) for “the Secretary of State”, in each place, substitute “ the authority ”, and

• (c) for “his functions” substitute “ functions conferred by or ”.

• (3) After that subsection insert—

(1A) Each of the following is a relevant authority for the purposes of this section— (a) the Secretary of State, and (b) the CAA.

• (4) In subsections (2) to (4) and (6) for “Secretary of State”, in each place, substitute “ relevant authority ”.

• (5) In subsection (4) for “him” substitute “ the authority ”.

• (6) In subsection (6)—

• (a) after “person” insert “ by a relevant authority ”, and

• (b) after “varied” insert “ by the relevant authority ”.

• (7) Accordingly, in the heading of that section omit “for Secretary of State”.

7

Before section 11A insert— “ Designation of security restricted areas ”.

8

• (1) Section 11A (designation of security restricted area) is amended as follows.

• (2) After subsection (4) insert—

(4A) Before approving an application without modifications the Secretary of State shall consult the CAA.

• (3) In subsection (5), before paragraph (a) insert—

(za) the CAA,

.

• (4) In subsection (8), before paragraph (a) insert—

(za) the CAA,

.

9

Before section 12 insert— “ Directions ”.

10

In section 12(3) (power to impose restrictions in relation to aircraft)—

• (a) for “the Civil Aviation Authority” substitute “ the CAA ”, and

• (b) for “that Authority” substitute “ the CAA ”.

11

In section 15(2) (matters which may be included in directions under section 12) for “the Civil Aviation Authority” substitute “ the CAA ”.

12

• (1) After section 17 insert—

(17A) (1) The Secretary of State must give the CAA a copy of— (a) each direction under section 12, 13, 13A or 14, and (b) each direction varying or revoking such a direction. (2) The Secretary of State must inform the CAA of each notification given under section 17.

• (2) The amendment made by sub-paragraph (1) applies only in relation to directions and notifications given on or after the day on which this paragraph comes into force.

13

• (1) Section 18A (enforcement notices) is amended as follows.

• (2) Omit subsection (3).

• (3) After that subsection insert—

(4) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice. (5) Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice.

14

• (1) Section 18D (objections to enforcement notices) is amended as follows.

• (2) After subsection (3) insert—

(3A) On receipt of an objection to an enforcement notice under subsection (1) the Secretary of State must— (a) give a copy of the objection to the authorised person who served the enforcement notice and the CAA, (b) consider the objection, (c) allow the person making the objection and the authorised person who served the enforcement notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State, (d) give a decision notice to the person who made the objection, and (e) give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA.

• (3) In subsection (4)—

• (a) for the words from the beginning to “on the objector” substitute “ In this section “decision notice” means ”, and

• (b) in paragraph (b) for “notice under this subsection” substitute “ decision notice ”.

• (4) In subsection (5) for “a notice under subsection (4) above”, in both places, substitute “ a decision notice ”.

15

• (1) Section 20B (detention directions) is amended as follows.

• (2) After subsection (2) insert—

(2A) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act gives a detention direction, the Secretary of State must give the CAA a copy of the direction. (2B) Where a person authorised in writing by the CAA for the purposes of this Part of this Act gives a detention direction, the CAA must give the Secretary of State a copy of the direction.

• (3) In subsection (5)—

• (a) before paragraph (a) insert—

(za) give a copy of the objection to the authorised person who gave the direction and the CAA,

,

• (b) omit “and” at the end of paragraph (c),

• (c) in paragraph (d) omit “and the authorised person who gave the direction”, and

• (d) after that paragraph insert

, and (e) give a copy of the notice to the authorised person who gave the direction and the CAA.

16

In section 21 (application of provisions to air navigation installations), in subsection (7)—

• (a) after “in section” insert “ 14A, 16A, ”, and

• (b) after “17,” insert “ 17A, ”.

17

• (1) Section 21G (duty to report certain occurrences) is amended as follows.

• (2) In subsection (1) after “to him” insert “ or the CAA ”.

• (3) In subsection (2) after “consult” insert

— (a) the CAA, and (b)

.

Application of Part 3 of Regulatory Enforcement and Sanctions Act 2008 (“the RESA 2008”)

18

The offences under section 11 of the Aviation Security Act 1982 (as amended by this Schedule) (“the ASA 1982”) in connection with providing, or failing to provide, information to the Civil Aviation Authority are to be treated for the purposes of Part 3 of the RESA 2008 (civil sanctions) as contained in Part 2 of the ASA 1982 immediately before the day on which the RESA 2008 was passed.

SCHEDULE 12

Transfer

1

• (1) The property, rights and liabilities that may be transferred by a scheme under section 82 (a “transfer scheme”) include property, rights and liabilities that would otherwise be incapable of being transferred.

• (2) A transfer scheme may—

• (a) create rights, or impose liabilities, in relation to property transferred by the scheme,

• (b) create new rights and liabilities as between the Crown and the Civil Aviation Authority (“the CAA”), and

• (c) apportion property, rights and liabilities between the Crown and the CAA.

• (3) A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.

Employment

2

• (1) This paragraph has effect where rights, powers, duties and liabilities relating to an individual's contract of employment are transferred in accordance with a transfer scheme.

• (2) The transfer does not break the continuity of the individual's employment and accordingly—

• (a) the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and

• (b) the individual's period of employment in the civil service of the Crown counts as a period of employment with the CAA for the purposes of that Act.

3

• (1) This paragraph has effect where—

• (a) a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual's contract of employment, but

• (b) before the transfer takes effect, the individual informs the Secretary of State or the CAA that the individual objects to the transfer.

• (2) Those rights, powers, duties and liabilities are not transferred under the transfer scheme.

• (3) The individual's contract of employment is terminated immediately before the day on which the transfer would occur.

• (4) The individual is not, for any purpose, to be regarded as having been dismissed.

• (5) Nothing in this paragraph affects the individual's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the individual's detriment in the individual's working conditions.

4

• (1) If a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual's contract of employment, it may include provision with respect to the individual's eligibility to become a member of a pension scheme by virtue of employment with the CAA.

• (2) The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the individual under—

• (a) a pension scheme of which the individual may become a member by virtue of employment with the CAA, or

• (b) a pension scheme of which the individual is a member by virtue of employment immediately before the transfer.

• (3) In this paragraph “pension scheme” includes a scheme made under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc).

Civil servants treated as employed under a contract of employment etc

5

• (1) This Schedule applies with the following modifications in relation to employment in the civil service of the Crown on terms which do not constitute a contract of employment.

• (2) Where an individual holds such employment—

• (a) the individual is to be treated as employed under a contract of employment,

• (b) the terms of the employment in the civil service of the Crown are to be treated as the terms of that contract, and

• (c) the reference in paragraph 3 to dismissal is to be treated as a reference to termination of the employment in the civil service of the Crown.

Certificate

6

A certificate issued by the Secretary of State that any property, rights, powers, duties or liabilities have been transferred to the CAA under a transfer scheme is conclusive evidence of the transfer.

Validity

7

A transfer under a transfer scheme does not affect the validity of anything done by or in relation to the Crown before the transfer takes effect.

Continuity

8

• (1) A transfer scheme may provide for things done by or in relation to the Crown for the purposes of or in connection with anything transferred under a transfer scheme to be—

• (a) treated as done by or in relation to the CAA or its members or employees, or

• (b) continued by or in relation to the CAA or its members or employees.

• (2) A transfer scheme may, in particular—

• (a) make provision about the continuation of legal proceedings, and

• (b) make provision for references to the Crown in documents to be treated as references to the CAA.

SCHEDULE 13

Appeals against penalties

1

• (1) A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under section 86 or 87.

• (2) The appeal may be against one or more of the following—

• (a) a decision to impose the penalty;

• (b) a decision as to the amount of the penalty;

• (c) in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;

• (d) a decision as to the period allowed for payment of the penalty.

• (3) Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.

Decisions on appeal

2

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

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

• (b) that the decision was wrong in law;

• (c) that an error was made in the exercise of a discretion.

• (2) It may—

• (a) confirm or set aside the notice or penalty;

• (b) give the CAA such 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) When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 4 of the Civil Aviation Act 1982.

Further appeals

3

• (1) An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 2, including a direction.

• (2) An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.

• (3) An appeal may not be brought under this paragraph without the permission of—

• (a) the Competition Appeal Tribunal, or

• (b) the appropriate court.

• (4) “The appropriate court” means—

• (a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, the Court of Appeal, or

• (b) in the case of an appeal from proceedings in Scotland, the Court of Session.

SCHEDULE 14

Commencement day

1

In this Schedule “the commencement day” means the day after the end of the period of 2 months beginning with the day on which this Act is passed.

Executive members of CAA

2

• (1) This paragraph applies where a person—

• (a) is a member of the CAA immediately before the commencement day, and

• (b) receives a notice from the Secretary of State before that day—

• (i) stating that the person is to be an executive member of the CAA by virtue of this paragraph, and

• (ii) setting out the terms and conditions on which the person is to be employed by the CAA.

• (2) The person—

• (a) becomes an executive member and employee of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act, and

• (b) is employed on the terms and conditions set out in the notice as if they had been determined and approved in accordance with paragraph 8A of Schedule 1 to the Civil Aviation Act 1982 (inserted by section 97 of this Act).

Chief executive of CAA

3

If the notice given to a person under paragraph 2(1)(b) states that the person is to be the chief executive of the CAA, the person becomes the chief executive of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.

Non-executive members of CAA

4

• (1) This paragraph applies where a person—

• (a) is a member of the CAA immediately before the commencement day, and

• (b) does not receive a notice under paragraph 2(1)(b) before that day.

• (2) The person becomes a non-executive member of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.

• (3) The instrument appointing the person to the office of member of the CAA has effect on and after that day as if it were an instrument appointing the person to the office of non-executive member of the CAA.

Chair of CAA

5

The person who is the chairman of the CAA immediately before the commencement day becomes the chair of the CAA on that day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.

Pensions

6

• (1) This paragraph applies where, before the commencement day, the CAA has made provision under paragraph 7 of Schedule 1 to the Civil Aviation Act 1982 for the payment of pensions to or in respect of persons who are or have been members of the CAA.

• (2) Despite the amendment of that paragraph by section 96 of this Act, the CAA must continue to make such provision as may be determined by the Secretary of State for the payment of pensions to or in respect of those persons.

7

• (1) This paragraph applies where, before the commencement day, the CAA has made a determination under sub-paragraph (2) of paragraph 13 of Schedule 1 to the Civil Aviation Act 1982 in respect of the treatment of the service of a member of the CAA for the purposes of a pension scheme maintained by the CAA.

• (2) Despite the repeal of that sub-paragraph by section 96 of this Act, the member's service is to continue to be treated in accordance with the determination for the purposes of the pension scheme.

Nominee under section 66 of Transport Act 2000

8

• (1) This paragraph applies where—

• (a) a nomination of a member of the CAA under section 66 of the Transport Act 2000 (CAA's air navigation functions) is in force immediately before the commencement day, and

• (b) the nominated member becomes an executive member of the CAA by virtue of paragraph 2.

• (2) The nomination is to be treated on and after that day as having been made in accordance with section 66 of the Transport Act 2000 as amended by section 98 of this Act.

Nominee under section 67 of Transport Act 2000

9

• (1) This paragraph applies where—

• (a) a nomination of a member of the CAA under section 67 of the Transport Act 2000 (national security nominee) is in force immediately before the commencement day, and

• (b) the nominated member becomes a non-executive member of the CAA by virtue of paragraph 4.

• (2) The nomination is to be treated on and after that day as having been made in accordance with section 67 of the Transport Act 2000 as amended by section 98 of this Act.

Secretary of State's general duty

Functions under Competition Act 1998

Crown application

Aviation security directions etc

Advice and assistance in connection with aviation security

CAA membership

Non-executive members of CAA

Executive members of CAA

Approved providers of aviation security services

Transitional and saving provision

Criminal proceedings

Regulatory burdens

Disclosure of medical information

CAA membership

Non-executive members of CAA

Power to make consequential and transitional provision

Appeals against determinations

Notice of appeal

Decisions on appeal

Effect of suspending or setting aside market power determination

Appeals to Competition Appeal Tribunal: supplementary

Further appeals

Application for permission to appeal

Determination of application for permission to appeal

Time limit for CAA to make representations

Application for permission to intervene in appeal

Determination of application for permission to intervene

Automatic suspension of condition of new licence including exception for certain financial arrangements

Automatic suspension of modification of existing licence involving exception for certain financial arrangements

Application for direction suspending condition of new licence

Effect of early application for direction under paragraph 9

Direction following application under paragraph 9

Application for direction suspending licence modification

Effect of early application for direction under paragraph 12

Direction following application under paragraph 12

Publication of decisions about directions

Time limit for CAA to make representations

Determination of appeal by group

Replacing members of group

Representations made by the CAA

Matters that may be disregarded

Remitting decision to CAA

Substituting CAA's decision

Consideration of new matters

Production of documents

Oral hearings

Written evidence

Expert advice

Enforcement of requirements in relation to evidence etc

Destruction of documents

Withdrawal of applications and appeals

Appeal rules

Costs

Secretary of State's power to modify time limits

Publication etc

Interpretation

Appeals against enforcement orders and urgent enforcement orders

Appeals against modification and revocation of orders

Appeals against penalties

Decisions on appeal

Further appeals

Appeals against revocation of licence

Notice of appeal

Decisions on appeal

Further appeals

Appeals against penalties

Decisions on appeal

Further appeals

Prohibition on disclosure

Disclosure with consent

Disclosure of information already available to public

Other permitted disclosures

Offence

Criminal liability of officers of bodies corporate etc

This Table lists expressions defined in Part 1 of this Act.

Airports Act 1986 (c. 31)

Consequential repeal

Power to make provision in relation to operators of airport areas

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Power to make provision in relation to operators of airport areas

Fair Trading Act 1973 (c. 41)

Airports Act 1986 (c. 31)

Water Act 1989 (c. 15)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Railways Act 1993 (c. 43)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Enterprise Act 2002 (c. 40)

Civil Contingencies Act 2004 (c. 36)

Further repeals and revocations

Definitions

Market power determinations: designated airports

Exemption from prohibition for designated airports during interim period

Designation and de-designation before commencement day

Designation and de-designation during interim period

Modification of preceding paragraphs

Power to amend this Schedule

Great Britain

Northern Ireland

Civil Aviation Act 1982 (c. 16)

Aviation Security Act 1982 (c. 36)

Application of Part 3 of Regulatory Enforcement and Sanctions Act 2008 (“the RESA 2008”)

Transfer

Employment

Civil servants treated as employed under a contract of employment etc

Certificate

Validity

Continuity

Appeals against penalties

Decisions on appeal

Further appeals

Commencement day

Executive members of CAA

Chief executive of CAA

Non-executive members of CAA

Chair of CAA

Pensions

Nominee under section 66 of Transport Act 2000

Nominee under section 67 of Transport Act 2000

Editorial notes

[^c2171994]: S. 76 partly in force; s.76(5) in force for certain purposes at Royal Assent, see s. 110(2)(a)

[^key-01474d57f1d8edcfa14e9aeda3d2c36a]: Words in s. 27(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-01b1b62327e5625bd64631aa56682eb9]: Sch. 2 para. 14 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-02bebdfbe520930e75d65d39e92c21a4]: Sch. 11 para. 14 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-02cbb9d25224f8c0329d59f5f1a6d07b]: Sch. 2 para. 13 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-02d00d225aa1af6cb2b920ca68b87987]: S. 69 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-0341da876dcde6d72c932e83025a2f6b]: Sch. 6 para. 4(4)(b) omitted (6.4.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 33(b); S.I. 2025/272, reg. 2(1)(14)

[^key-041ad12d48ef0d7055a3636c90c65ca5]: Words in Sch. 2 para. 34 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(32)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-04367f9d70bdd27e2db8509d0e4acc05]: Words in Sch. 2 para. 25(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-04443a9dd2c55ca9e203d5f732b7b9aa]: S. 6(10)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 14(2)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-04e32a502d6984d0d984ac418199101f]: Sch. 2 para. 15 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-051edcaa50640b1c9d05c2de484558be]: Sch. 2 para. 10 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-057b22dff4c0fb42f4f683cec9bd41e8]: Words in s. 63(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 52; S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-058da1433f1314c4ebf22eaac7723819]: S. 12 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-076dd3ceb20abb3d558f5855d4ba693b]: S. 59 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-07e3f9cb4215527645e9b8f7ff79a064]: S. 61(12) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 1(2); S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)

[^key-08ccfb39a9c509c91f97ddbd97663228]: Words in Sch. 2 para. 17(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(17)(b)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-08f085da643bee01ec2c5462e9a2fed6]: Sch. 2 para. 9 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-09787f9d0301399a3c922c4995d9baf7]: Words in s. 28(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 145(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-099c1f20971384b44d9ec6de46115aba]: S. 1 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-0a98fc88fae04d67f85d59317538f101]: Sch. 2 para. 5 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-0b31a173fdba9e9bffb58e19e09e48dd]: Sch. 5 para. 2 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-0ba2f95ba8d85336a4ddd88b93d539d5]: Sch. 10 para. 16 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-0ec42f77167b806e77f2bdebd7f4f42d]: Words in Sch. 2 para. 28(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0f0d4aa50bcee70930793675319ae94b]: Sch. 2 para. 30(4A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(29)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0fc15f6404ddb23d0d98d5e5793a1411]: Words in s. 29(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 146(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-109a8f2ecaef542c6912549d8a55d14d]: S. 30 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-113bdd0797d726feca6039a879ba4ec6]: Sch. 2 para. 25 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-1228b6c1facbd4e3bc19fcdd7183b910]: Word in s. 64(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 201(b) (with art. 3)

[^key-122aa030f9d4804d213029efb27e278a]: S. 57 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-12f4a320ca1dbb27cead55eacf1c16ec]: Sch. 12 para. 5 in force at 11.3.2014 by S.I. 2014/262, art. 2

[^key-1331d60a710056a8ce996e6e6474c83c]: S. 32 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-133ddf647440a5846ff58fe0776d2162]: Sch. 11 para. 3 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-134b64987795a6a8ee6726d2dbc4a0ea]: S. 48 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-139118a05f34d3e3390428b231039f7b]: Sch. 10 para. 15 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-13ea1a148414e43ae12e812e3b4418b3]: Words in Sch. 2 para. 22(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(22)(c)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-142edaa3cfebce0b18b923a9e0ca01aa]: Words in Sch. 2 para. 32(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(b)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1602d49df67942c914a70d1287662248]: Sch. 2 para. 35 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-16f6693516d0dbeef3755f25b5e7ac77]: Sch. 6 para. 5(ha) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 26 (with Sch. 4)

[^key-177e52e90618f11a30dee748b736f403]: Sch. 11 para. 5 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-1795c2044dd52cef4f84b75599cbf154]: S. 78 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-17aa4a8f501b1193c579bbaddfa550c3]: S. 9 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-17ac387c25f839a5800b929bce41576f]: S. 73 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-18b557fe542da48215bdf8dffed7bb09]: Sch. 11 para. 16 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-1a1cdeacd616d515ce97ccb6596d82a2]: S. 2 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-1ad25f91a0dcecb29b0f2d1a4165d7b3]: S. 72 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-1ad84004a3444b5da811eda18158ca7f]: Word in s. 61(8)(9) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 198(8) (with art. 3)

[^key-1b1ce500e8634f43046c829f4b3e9f68]: S. 80 in force at 1.4.2014 by S.I. 2014/262, art. 3(c)

[^key-1c03d33465133f8026ee7158c7ea2e46]: Sch. 9 para. 10 in force at 6.4.2013 by S.I. 2013/589, art. 2(3)

[^key-1c0703c757855e90d0029cabadf22ba6]: S. 34 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-1c5ad24533e8551c7d7315b4313683ae]: Words in s. 27(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1e668cd13e674d055971a4b4d408c927]: Words in Sch. 2 para. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(c)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1e902aa7089d42fbe0f441b924acf504]: Words in Sch. 2 para. 32(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(a)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1f5e184dc095047f63ba85dd21f3d433]: S. 60(4A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 197(7) (with art. 3)

[^key-2030abbab5d1fcb7462512e4bedaf2f8]: Words in s. 29(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 146(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-205af98ad826bacea8254d76d469bd8d]: S. 24 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-207049ff05e334330e8ee8a850c78674]: Words in Sch. 2 para. 7(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-20fdb1dc1e11c947823005237da3ae21]: Sch. 2 para. 8 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-21a1d3f4b4392789571a395440b27bb9]: S. 40 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-21c8ef9548cdbca69861fd3a193f48fb]: Words in Sch. 2 para. 20(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(20)(a)(iii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2276235238067a5bf2c194ebfe59cab1]: S. 49 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-22d91195e6799e763005a3ad862bdd77]: Words in Sch. 2 para. 24(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(24)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-23b294879ad814894b18634a00d74a93]: Words in s. 63 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 200 (with art. 3)

[^key-23f792f19f7c64a4637fb136fa328650]: Words in Sch. 2 para. 22(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(22)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-241a06560148a4f007c582b3bb1b7be9]: Sch. 10 para. 9 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-244bb831c0b2b94f9fab7aecd58eaa80]: Words in Sch. 2 para. 3(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-24f4622c2d3fb135e560d85e24e368d0]: Sch. 2 para. 31 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-2561443471ff87ae2c19260faa222402]: Words in Sch. 2 para. 26(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(26)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-25cbd00580634523bd4433b1a235efca]: Words in Sch. 2 para. 30(1)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(29)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-25d37458453382df219f26d702547654]: S. 21 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

[^key-2633813bcf3d07887f05c98be54822ea]: Sch. 6 para. 5(c) omitted (31.1.2020) by virtue of The Civil Aviation (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/687), regs. 1(2), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-265c5bd1c6a99af4c087f92652e6ae7a]: Sch. 9 para. 14(1)(2)(b)(3)(b) in force at 6.4.2013 by S.I. 2013/589, art. 2(3)

[^key-26d51880c1f3d2fccc1e9bd6a3a3c02a]: Words in s. 60(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 197(4)(b) (with art. 3)

[^key-28a28b520debc309744b69d86acbe64a]: Sch. 11 para. 18 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

[^key-28b8b126dc1083d0b8cdd99c15512e86]: S. 30(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 147(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)