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In force since 2026-10-29, as the publisher states.
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Transport Act 2000 2000 c. 38 An Act to make provision about transport. [30th November 2000] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) The Secretary of State must exercise his functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5). (2) The Secretary of State must exercise his functions under this Chapter in the manner he thinks best calculated— (a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them; (b) to promote efficiency and economy on the part of licence holders; (c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences. (3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services. (4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services. (5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the Secretary of State must apply them in the manner he thinks is reasonable having regard to them as a whole. (6) The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions. (7) This section does not apply to the exercise of the Secretary of State’s functions under section 38.
Propose a change(1) The CAA must exercise its functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5). (2) The CAA must exercise its functions under this Chapter in the manner it thinks best calculated— (a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them; (b) to promote efficiency and economy on the part of licence holders; (c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences; (d) to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification); (e) to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section. (3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services. (4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services. (5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole. (6) The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions. (7) Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its functions under this Chapter.
Propose a change(1) A person commits an offence if he provides air traffic services in respect of a managed area. (2) But subsection (1) is subject to subsections (3) to (5). (3) Subsection (1) does not apply if the person— (a) is authorised by an exemption to provide the services, or (b) acts as an employee or agent of a person who is authorised by an exemption to provide the services. (4) Subsection (1) does not apply if the person— (a) holds a licence authorising him to provide the services, or (b) acts as an employee or agent of a person who is authorised by a licence to provide the services. (5) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1). (6) For the purposes of this section— (a) air traffic services are to be treated as provided at the place from which they are provided; (b) air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided. (7) A person who commits an offence under this section is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (8) No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of— (a) the Secretary of State, or (b) the CAA acting with his consent.
Propose a change(1) The Secretary of State may by order grant an exemption authorising the provision of air traffic services in respect of a managed area. (2) An exemption— (a) may be granted to a particular person or to persons of a specified description or to all persons; (b) may be granted in respect of air traffic services of one or more specified descriptions; (c) may be granted in respect of air traffic services provided in specified circumstances; (d) may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area); (e) may be granted subject to such conditions as may be specified. (3) An exemption granted to persons of a specified description must be published in such manner as the Secretary of State thinks appropriate for bringing it to the attention of persons of that description. (4) An exemption continues in force for the period specified in or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.
Propose a change(1) A licence may be granted to a company authorising it to provide air traffic services in respect of a managed area. (2) A licence— (a) may be granted in respect of air traffic services of one or more specified descriptions; (b) may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area). (3) A licence is not valid unless it is in writing. (4) A licence is not valid unless it is granted to a company ... that is limited by shares. (5) A licence continues in force for the period specified in it or determined by or under it, unless it previously ceases to have effect in accordance with its provisions. (6) A licence may not be transferred.
Propose a change(1) A licence may be granted by— (a) the Secretary of State after consulting the CAA, (b) the CAA with the consent of the Secretary of State, or (c) the CAA in accordance with a general authority given by the Secretary of State. (2) A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise). (3) An application for a licence— (a) must be made in the prescribed manner; (b) must contain or be accompanied by prescribed information; (c) must be accompanied by the application fee (if any); (d) must, if the licence authority requires, be published by the applicant in the prescribed manner and within a period notified to it by the licence authority. (4) On an application the licence authority may grant or refuse the licence. (5) Before granting or refusing a licence the licence authority must— (a) publish a notice in such manner as the authority thinks appropriate for bringing it to the attention of persons likely to be affected by the grant or refusal, (b) serve a copy of the notice on the applicant, and (c) consider any representations made in accordance with the notice (and not withdrawn). (6) The notice must— (a) state either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case) the reasons for so proposing, and (b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed grant or refusal. (7) As soon as practicable after granting a licence the grantor must send a copy— (a) to the CAA, if the grantor is the Secretary of State; (b) to the Secretary of State, if the grantor is the CAA. (8) The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3— (a) the requirement to consult imposed by subsection (1)(a); (b) the requirements imposed by subsection (3); (c) the requirements imposed by subsections (5) and (6). (9) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence). (10) The application fee is— (a) the prescribed fee, if the licence authority is the Secretary of State; (b) the charge determined under a scheme or regulations made under section 11 of the Civil Aviation Act 1982, if the licence authority is the CAA. (11) “Prescribed” means prescribed by regulations made by the Secretary of State.
Propose a change(1) A licence may include such provisions as the licence authority thinks are necessary or expedient; and a provision need not relate to services authorised by the licence. (2) In particular, provision of the following kinds may be included— (a) provision requiring the licence holder to enter into an agreement for a purpose specified in the licence and provision for determining the terms of the agreement; (b) provision requiring the licence holder to comply with any requirements imposed at any time (by directions or otherwise) by a person with respect to any matter specified, or of a description specified, in the licence; (c) provision requiring the licence holder, except in so far as a person consents to its doing or not doing them, not to do or to do such things as may be specified, or of a description specified, in the licence; (d) provision requiring the licence holder to refer to a person for approval or determination such matters as may be specified, or of a description specified, in the licence. (3) A reference in subsection (2) to a person is to— (a) a person specified, or of a description specified, in the licence for the purpose concerned, or (b) if the licence so provides, a person nominated for the purpose concerned by a person falling within paragraph (a); and any of those persons may be the licence authority or some other person. (4) A licence may include provisions requiring a payment on its grant or payments during its currency (or both)— (a) of an amount or amounts specified in the licence or determined by or under it; (b) to a person or persons specified in the licence or determined by or under it. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Such provisions as the licence authority thinks fit may be expressed as conditions. (6A) A licence condition may include provision for its modification only if it specifies or describes— (a) the circumstances in which it may be modified, (b) the types of modification that may be made, and (c) the period or periods in which it may be modified. (6B) If a licence condition includes such a provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions. (6C) A term of a licence may be modified only in accordance with the provision made by this Chapter about modifying terms of a licence. (7) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).
Propose a change(1) While a licence is in force its holder— (a) must secure that a safe system for the provision of authorised air traffic services in respect of a licensed area is provided, developed and maintained; (b) must take all reasonable steps to secure that the system is also efficient and co-ordinated; (c) must take all reasonable steps to secure that the demand for authorised air traffic services in respect of a licensed area is met; (d) must have regard, in providing, developing and maintaining the system, to the demands which are likely to be placed on it in the future. (2) A licensed area is an area in respect of which the licence authorises its holder to provide air traffic services. (3) Authorised services are services of the description specified in the licence as the description of services which the holder of the licence is authorised to provide. (4) For the purposes of subsection (1)(a) a system for the provision of services is safe if (and only if) in providing the services the person who provides them complies with such requirements as are imposed by Air Navigation Orders with regard to their provision. (5) An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.
Propose a change(1) If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder. (2) A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area. (3) A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.
Propose a change(1) No action is to lie in respect of a failure by a licence holder to perform— (a) a duty imposed by section 8; (b) a licence condition. (2) But subsection (1) does not affect— (a) a right of action in respect of an act or omission which takes place in the course of the provision of air traffic services; (b) the power to give a contravention notice; (c) the power to give an enforcement order or an urgent enforcement order, a duty to comply with the order and a power to bring proceedings in respect of the duty; (d) the power to impose a penalty under paragraph 9 or 10 of Schedule B1.
Propose a change(1) The CAA may modify a licence by modifying the licence conditions. (2) Subsection (1) is subject to section 11B. (3) The Secretary of State may modify a licence— (a) by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined; (b) by modifying a prescribed term. (4) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
Propose a change(1) Before modifying a licence in reliance on section 11, the modifying authority must— (a) publish a notice in relation to the proposed modification; (b) send a copy of the notice to the persons listed in subsection (2); (c) consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn). (2) The persons are— (a) the licence holder; (b) any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate; (c) any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate; (d) any bodies representing users of air transport services that the modifying authority considers appropriate; (e) where the modifying authority is the CAA, the Secretary of State; (f) where the modifying authority is the Secretary of State, the CAA. (3) The notice under subsection (1) must— (a) state that the modifying authority proposes to modify the licence; (b) specify the proposed modification; (c) give the modifying authority's reasons for the proposed modification; (d) state the effect of the proposed modification; (e) specify a reasonable period for making representations. (4) If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must— (a) publish a notice, giving its reasons; (b) send a copy of the notice to the persons listed in subsection (2). (5) If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must— (a) publish a notice in relation to the modification; (b) send a copy of the notice to the persons listed in subsection (2). (6) The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1). (7) The notice under subsection (5) must— (a) specify the modification; (b) specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1); (c) give the modifying authority's reasons for the modification; (d) state the effect of the modification; (e) state how it has taken account of any representations made in the period specified in the notice under subsection (1); (f) state the reasons for any differences between the modification and that set out in the notice under subsection (1). (8) The date specified under subsection (7)(b)— (a) in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1); (b) otherwise, must fall after the end of the period of 28 days beginning with that day. (9) In this section “modifying authority”— (a) in relation to a modification of a licence condition, means the CAA; (b) in relation to any other modification, means the Secretary of State.
Propose a change(1) The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so. (2) The CAA must— (a) publish a direction given to it under subsection (1); (b) send a copy of the direction to the persons listed in subsection (3). (3) The persons are— (a) the licence holder; (b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate; (c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate; (d) any bodies representing users of air transport services that the CAA considers appropriate.
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Propose a change(1) Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the licence conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order. (2) In subsection (1) above “relevant order” means— (a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where— (i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or (ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or (b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services. (5) As soon as practicable after making modifications under this section the relevant authority must send a copy of them to the licence holder and a copy to the CAA. (6) Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part. (7) The 2002 Act is the Enterprise Act 2002.
Propose a change(1) An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1). (2) An appeal may be brought under this section only by— (a) the licence holder, (b) an owner or operator of an aircraft whose interests are materially affected by the decision, or (c) an owner or manager of a prescribed aerodrome whose interests are materially affected by the decision. (3) “Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State. (4) An appeal may be brought under this section only with the permission of the CMA. (5) An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal. (6) The CMA may refuse permission to appeal under this section only on one of the following grounds— (a) that the appeal is brought for reasons that are trivial or vexatious; (b) that the appeal does not have a reasonable prospect of success; (c) that subsection (7) is satisfied. (7) This subsection is satisfied if the appeal is brought— (a) against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and (b) on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal. (8) In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.
Propose a changeThe CMA may allow an appeal under section 19A 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.
Propose a change(1) Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against. (2) Where it allows an appeal under section 19A, the CMA must do one or more of the following— (a) quash the decision appealed against; (b) remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the CMA; (c) substitute its own decision for that of the CAA. (3) Where it allows only part of an appeal under section 19A— (a) subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and (b) subsection (1) applies in respect of the rest of that decision. (4) Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to— (a) the CAA, and (b) the licence holder. (5) The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction. (6) A direction given by the CMA under this section to a person other than the CAA is enforceable— (a) in England and Wales and Northern Ireland, as if it were an order of the High Court; (b) in Scotland, as if it were an order of the Court of Session.
Propose a change(1) The CMA must determine an appeal under section 19A within the period of 24 weeks beginning with the day on which the CAA published, in accordance with section 11A, the notice of the decision that is the subject of the appeal. This is subject to subsections (2) to (5). (2) The CMA may extend the appeal period by not more than 12 weeks if satisfied that there are good reasons for doing so. (3) The CMA may extend the appeal period only once in reliance on subsection (2). (4) The CMA may extend the appeal period by any period that it considers appropriate if— (a) there is an appeal to the Competition Appeal Tribunal under this Chapter which the CMA considers may be relevant to the appeal under section 19A, and (b) the appeal to the Tribunal has not been determined or withdrawn. (5) The CMA may extend the appeal period more than once in reliance on subsection (4). (6) If the CMA extends the appeal period it must— (a) publish a notice stating the new time limit for determining the appeal; (b) send a copy of the notice to the persons listed in subsection (7). (7) Those persons are— (a) the holder of the licence that is the subject of the appeal; (b) if the appeal was brought by someone other than the licence holder, the appellant; (c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1); (d) any owners or operators of aircraft that the CMA considers appropriate; (e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate; (f) the CAA. (8) The Secretary of State may by regulations modify the periods of time specified in this section. (9) In this section “appeal period”, in relation to an appeal under section 19A, means the period allowed for determining the appeal.
Propose a change(1) A determination made by the CMA on an appeal under section 19A— (a) must be contained in an order made by the CMA, and (b) takes effect at the time specified in the order or determined in accordance with the order. (2) The order must set out the reasons for the determination. (3) The CMA must— (a) publish the order as soon as practicable after the determination is made; (b) send a copy of the order to the persons listed in subsection (4). (4) Those persons are— (a) the holder of the licence that is the subject of the appeal; (b) if the appeal is brought by a person other than the licence holder, the appellant; (c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1); (d) any owners or operators of aircraft that the CMA considers appropriate; (e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate; (f) the CAA. (5) The CMA may exclude from publication under subsection (3) any information that it is satisfied is— (a) commercial information the disclosure of which would or might, in the opinion of the CMA, 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 opinion of the CMA, significantly harm the individual's interests. (6) The CAA must take any steps that it considers necessary for it to comply with the order. (7) The steps must be taken— (a) if a time is specified in the order or is to be determined in accordance with the order, within that time; (b) otherwise, within a reasonable time.
Propose a change(1) Schedule A1 makes further provision in respect of appeals under section 19A. (2) In carrying out the functions listed in subsection (3), the CMA must have regard to the matters in respect of which duties are imposed on the CAA by section 2. (3) Those functions are— (a) deciding an application for permission to appeal under section 19A; (b) deciding an application under Schedule A1 for permission to intervene in an appeal; (c) determining an appeal under section 19A, including taking decisions and giving directions described in section 19C. (4) Except where Schedule A1 provides otherwise, the functions of the CMA with respect to an appeal under section 19A are to be carried out on behalf of the CMA by a group constituted for the purpose, by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
Propose a changeSchedule B1 makes provision for— (a) the enforcement of the duties imposed by section 8 and licence conditions, and (b) connected appeals.
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Propose a changeSchedule C1 makes provision— (a) to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1, (b) for enforcement in connection with the exercise of those powers, and (c) for connected appeals.
Propose a change(1) The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions 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.
Propose a change(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 paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1. (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 any 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.
Propose a change(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, the CAA must consult any persons that it considers appropriate.
Propose a change(1) No licence company may be wound up voluntarily. (2) No application may be made to a court for an administration order under Part II of the 1986 Act in relation to a licence company, and— (a) anything purporting to be such an application is of no effect; (b) no administration order may be made under that Part in relation to a licence company. (3) No step may be taken by a person to enforce any security over the property of a licence company unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to take the step. (4) No application for the winding up of a licence company may be made by a person other than the Secretary of State unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to make the application. (5) In subsection (3) “security” and “property” have the same meanings as in Parts I to VII of the 1986 Act. (6) In this section and sections 27 to 30— (a) references to a licence company are to a company which holds a licence; (b) references to the 1986 Act are to the Insolvency Act 1986.
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