(1) The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in a managed area.
(2) No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA’s air navigation functions.
(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).
(4) The following provisions are not to apply to the CAA’s air navigation functions—
(a) section 7(1) of the Civil Aviation Act 1982 (Secretary of State’s power to prescribe functions not to be performed by a person on CAA’s behalf);
(b) paragraph 15 of Schedule 1 to that Act (CAA’s power to authorise a person to perform functions on its behalf).
(5) A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection.
(1) The Secretary of State may nominate a non-executive member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.
(2) Subsection (3) applies if—
(a) there is a difference of opinion between the national security nominee and the CAA,
(b) the difference of opinion relates to the CAA’s air navigation functions, and
(c) the national security nominee thinks that if the CAA’s opinion prevailed it could have an effect contrary to the interests of national security.
(3) In such a case—
(a) the CAA must refer the matter to the Secretary of State, and
(b) after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit.
(4) The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.
(1) Directions under section 66(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.
(2) The provision may include—
(a) provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;
(b) provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;
(c) provision requiring the CAA in specified circumstances to refer specified matters to the Secretary of State.
(3) If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c) he may give such directions to the CAA as he thinks fit.
(1) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
(2) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
(3) If a direction is given under section 66(1) the CAA—
(a) must publish the direction in such manner as may be specified in regulations made by the Secretary of State;
(b) must set out the direction in the report made under section 21 of the Civil Aviation Act 1982 (annual report) for the accounting year in which the direction is given.
(4) If a direction is given under section 67(3) or section 68(3) the CAA—
(a) must set out the direction in the report made under section 21 of the Civil Aviation Act 1982 for the accounting year in which the direction is given, but
(b) must exclude a direction or part of a direction as to which the Secretary of State notifies the CAA that in his opinion it is against the national interest to set it out in the report.
(1) The CAA must exercise its air navigation functions 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) and (3).
(2) The CAA must exercise its air navigation functions in the manner it thinks best calculated—
(a) to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;
(b) to satisfy the requirements of operators and owners of all classes of aircraft;
(c) to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;
(ca) to take account of any guidance relating to spaceflight activities (within the meaning of the Space Industry Act 2018) given to the CAA by the Secretary of State;
(d) 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;
(e) to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;
(f) to take account of the interests of national security;
(g) 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).
(3) If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
(4) The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.
(5) 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 air navigation functions.
(1) The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—
(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or
(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
(2) A requirement may be made under subsection (1)(b) only if the person is carrying on a business.
(3) No person may be required under this section—
(a) to produce documents which he could not be compelled to produce in civil proceedings in the court;
(b) to supply information which he could not be compelled to supply in such proceedings.
(4) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.
(7) An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—
(a) by the person in default, or
(b) if officers of a company or other association are responsible for its default, by those officers.
(8) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
(9) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(10) A reference to the court is to—
(a) the High Court in relation to England and Wales or Northern Ireland;
(b) the Court of Session in relation to Scotland.
(1) This section applies for the purposes of this Chapter.
(2) The CAA’s air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 66(1).
(3) These are managed areas—
(a) the United Kingdom;
(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to carry out activities with regard to air navigation.
(1) The CAA may specify—
(a) the amounts of, or methods of calculating, the charges which are to be paid by virtue of this section in respect of chargeable air services (or of such descriptions of those services as the CAA specifies),
(b) the operators and owners of aircraft (or descriptions of such operators and owners) who are to pay the charges,
(c) the persons (or descriptions of persons) to whom they are to be paid, and
(d) the currencies in which they are to be paid.
(2) On or after making specifications under subsection (1) the CAA may stipulate—
(a) that charges are to be dispensed with in cases of specified descriptions;
(b) that interest at a specified rate is to be paid on charges in respect of any period in which they are due but unpaid;
(c) that interest is to be paid with the charges or separately;
(d) that charges of a specified description are payable elsewhere than in the United Kingdom;
(e) that charges of a specified description are to be disposed of in a specified way when received.
(3) Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).
(4) But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.
(5) If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.
(6) If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.
(7) If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.
(8) Subsections (3) to (7) have effect subject to section 74.
(9) For the purposes of subsection (1)(c) persons include—
(a) Eurocontrol and other international organisations, and
(b) governments of countries or territories outside the United Kingdom.
74 Publication, commencement, amendment and revocation.
(1) If the CAA makes specifications or stipulations under section 73—
(a) it must publish a notice containing them;
(b) they become effective as provided in the published notice.
(2) The CAA may amend or revoke any specifications or stipulations published under this section, and—
(a) it must publish a notice containing any amendment or revocation;
(b) the amendment or revocation becomes effective as provided in the published notice.
(3) An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.
(4) Publication under this section must be made—
(a) in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or
(b) in such other manner as the Secretary of State may provide by order.
(1) This section applies for the purposes of specifications under section 73(1).
(2) The CAA may specify—
(a) different amounts or methods in respect of different descriptions of services;
(b) different amounts or methods in respect of different classes or descriptions of aircraft;
(c) different amounts or methods in respect of different circumstances in which aircraft are used.
(3) In specifying amounts or methods the CAA must have regard to—
(a) tariffs which are approved under any international agreement to which the United Kingdom is a party;
(b) tariffs which in the CAA’s opinion are likely to be approved under any such agreement before or within one month after the date when the specifications are to take effect;
(c) tariffs which in the CAA’s opinion are likely to be approved, before or within one month after the date when the specifications are to take effect, under any international agreement to which the United Kingdom is likely to be a party before or within one month after that date.
(4) Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.
(5) A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.
(6) A description of operators and owners may be so general as to refer to all operators and owners.
(7) Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.
(1) Liability to pay a charge by virtue of section 73 arises whether or not—
(a) the aircraft concerned is registered in the United Kingdom;
(b) it is in the United Kingdom when the services concerned are provided;
(c) the services concerned are provided from a place in the United Kingdom.
(2) A charge payable by virtue of section 73 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).
(3) A court in any part of the United Kingdom has jurisdiction to hear and determine—
(a) a claim for a charge or interest payable by virtue of section 73;
(b) a claim, by a person appearing to the court to have an interest in the matter, that a charge which by virtue of that section must be disposed of in a particular way has not been disposed of in that way.
(4) Subsection (3) applies even if the person against whom the claim is made is not resident within the court’s jurisdiction.
(1) For the purposes of this Chapter chargeable air services are services which—
(a) fall within subsection (2), and
(b) are not excepted air services (as defined in subsection (3)).
(2) These services fall within this subsection—
(a) air traffic services provided in respect of the United Kingdom;
(b) air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;
(c) air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;
(d) services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;
(e) air traffic services which do not fall within paragraph (d) and for which Eurocontrol is to collect charges under the Eurocontrol agreement.
(3) These are excepted air services—
(a) air traffic services provided by the owner or manager of an aerodrome or by his employee other than services which fall within subsection (3A);
(b) air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.
(3A) Air traffic services fall within this subsection if—
(a) they are services for which Eurocontrol is to collect charges under the Eurocontrol agreement, and
(b) they are provided by the owner or manager of an aerodrome or by his employee under a contract or other arrangement made by the owner or manager with the CAA and the CAA in making that contract or other arrangement is acting in pursuance of its air navigation functions (within the meaning of Chapter III).
(4) A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).
(5) The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.
(1) This section applies if—
(a) an amount of a charge is specified under section 73(1) in respect of a service falling within section 77(2)(d) or (e), and
(b) under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
(2) In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
(3) References to an amount include references to a method of calculating an amount.
(1) The CAA—
(a) must exercise its powers under section 73 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
(b) in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
(2) The CAA must exercise its powers under section 73 in relation to services falling within section 77(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.
(1) If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 77(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(2) If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 77(2)(e), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(3) But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
(4) If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
(5) If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
(6) The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.
(1) The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 73.
(2) The regulations may require operators or owners of aircraft or managers of aerodromes—
(a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified;
(b) to preserve the records for a specified period;
(c) to produce relevant records for inspection by specified persons at specified times;
(d) to provide specified particulars of relevant records to specified persons.
(3) Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.
(4) The persons who may be specified under subsection (2)(c) or (d) are—
(a) in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol;
(b) in the case of other charges, officers of the CAA or of the organisation, government or other person to whom the charges are payable.
(5) The requirements may be imposed on the operator or owner of an aircraft whether or not—
(a) it is registered in the United Kingdom;
(b) it is in the United Kingdom when the services concerned are provided;
(c) the services concerned are provided from a place in the United Kingdom.
(6) A record includes (in addition to a record in writing)—
(a) a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
(b) a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
(c) a photograph.
(7) An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.
(8) In subsection (4)—
(a) a reference to officers of the CAA includes a reference to persons authorised to act as such officers;
(b) a reference to officers of Eurocontrol includes a reference to persons authorised to act as such officers.
(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement of regulations made under section 81.
(2) A person commits an offence if he is in possession of information provided to him or obtained by him under regulations made under section 81 and he discloses the information otherwise than—
(a) with the consent of the person by whom it was provided or from whom it was obtained,
(b) for the purposes of the regulations,
(c) for the purposes of any proceedings arising out of this Chapter,
(d) for the purposes of any criminal proceedings (however arising),
(e) for the purposes of any proceedings brought by virtue of paragraph 3 of Schedule 4 to the Civil Aviation Act 1982 (claims against Eurocontrol),
(f) for the purposes of a public inquiry or investigation held or carried out under regulations made under section 75 of the Civil Aviation Act 1982, or
(g) for the purposes of a report of any proceedings, inquiry or investigation mentioned above.
(3) A person commits an offence if in providing particulars under a provision contained in regulations by virtue of section 81(2)(d)—
(a) he provides particulars which he knows are false in a material particular, or
(b) he recklessly provides particulars which are false in a material particular.
(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
(6) A person who commits an offence under subsection (3) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.
(1) The Secretary of State may make regulations containing—
(a) provision which, in the case of default by an operator in paying a charge payable by virtue of section 73, authorises the detention (pending payment) of any aircraft falling within subsection (2);
(b) provision which, in the case of default by an operator in complying with a requirement imposed by regulations made under section 81 to produce records for inspection or provide particulars of records, authorises the detention (pending compliance) of any aircraft of which he is the operator when detention begins;
(c) provision which authorises the sale of any detained aircraft if the default is not remedied within a specified period.
(2) These aircraft fall within this subsection—
(a) the aircraft in respect of which the charge was incurred (whether or not the person who is the operator of the aircraft when detention begins is the defaulter);
(b) any aircraft of which the defaulter is the operator when detention begins.
(3) Regulations under subsection (1) may—
(a) provide that detention (or continued detention) is authorised only in specified circumstances or at specified places;
(b) provide that in specified circumstances detention is authorised only if a specified person consents;
(c) provide that sale is authorised only in specified circumstances (which may relate to the court’s consent, to be given only in specified circumstances);
(d) specify the descriptions of person authorised to detain or sell aircraft;
(e) provide for the power of detention or sale to extend to other matters (such as the aircraft’s equipment);
(f) provide for the application of the proceeds of sale;
(g) provide for them to be applied in a specified order;
(h) make provision corresponding to any provision made by or under section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges);
(i) generally make such provision as the Secretary of State thinks is necessary or expedient to secure detention or sale.
(1) This section applies for the purposes of this Chapter.
(2) Eurocontrol has the meaning given by section 24 of the Civil Aviation Act 1982.
(3) The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.
(4) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
(5) “Licence holder” has the meaning given by section 40.
(1) For the purposes of this Chapter—
(a) the 2002 Act is the Enterprise Act 2002;
(b) the 1998 Act is the Competition Act 1998;
(c) the CMA is the Competition and Markets Authority.
(2) For the purposes of this Chapter these expressions have the meanings given by section 40—
(a) aerodrome;
(b) licence;
(c) licence holder.
(3) If an expression is used in this Chapter and also in ... the 1998 Act it has the same meaning in this Chapter as it has in the 1998 Act.
(1) The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and the CMA.
(2) This subsection applies to the CMA’s functions under Part 4 of the 2002 Act (other than 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 supply of air traffic services.
(3) This subsection applies to the CMA’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6),, 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to—
(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,
which relate to the supply of air traffic services.
(4) References to the CMA in—
(a) Part 4 of the 2002 Act (except for sections 166 , 167C , 171 and 174E but including provisions of that Act applied by that Part), and
(b) Part I of the 1998 Act (except in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4), 51, 52(6) and (8) and 54 but including references in provisions of the Enterprise Act 2002 applied by that Part),
must be read as including references to the CAA.
(4A) References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.
(5) But ...—
(a) subsections (4) and (4A) apply only so far as they are consequential on subsections (1) to (3) above, and
(b) subsection (4) applies only if the context does not otherwise require.
(5A) Section 130A of the 2002 Act is to have effect in its application in relation 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 91(1) of the Transport Act 2000 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 supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.
(6) If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.
(7) No objection may be taken to anything done by or in relation to the CAA—
(a) Part 4 of the 2002 Act, or
(b) under Part I of the 1998 Act (except under section 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) or 51),
on the ground that it should have been done by or in relation to the CMA.
(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a) by virtue of this section, are functions exercisable concurrently with the CMA, and
(b) in the case of functions under the Competition Act 1998, 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.
(1) For the purposes of this section the CAA’s 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are functions of the CAA.
(2) The CAA must exercise its 2002 Act functions 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 (3) to (6).
(3) The CAA must exercise its 2002 Act functions 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 suppliers of air traffic services;
(c) to secure that suppliers of air traffic services who are 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.
(4) The only interests to be considered under subsection (3)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
(5) The reference in subsection (3)(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.
(6) If in a particular case there is a conflict in the application of the provisions of subsections (3) to (5), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
(7) The CAA must exercise its 2002 Act functions so as to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.
(8) 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 2002 Act functions.
(1) For the purposes of this section the CAA’s 1998 Act functions are the functions mentioned in subsection (3) of section 86 which, by virtue of that section, are functions of the CAA.
(2) In exercising its 1998 Act functions the CAA may (in particular) have regard to any matter which satisfies the following condition.
(3) The condition is that the matter is one to which, by virtue of section 87, the CAA must have regard in exercising its 2002 Act functions (within the meaning of that section).
(1) For the purposes of this section the 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and the CMA.
(2) Before the CMA or the CAA first carries out the 2002 Act functions in relation to a matter it must consult the other.
(3) If the CMA or the CAA has carried out the 2002 Act functions in relation to a matter the other must not carry out the 2002 Act functions in relation to the matter.
(4) If in carrying out the 2002 Act functions the CAA makes a market investigation reference (under section 131 of the 2002 Act), to help the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference the CAA must give to it—
(a) any information the CAA has which relates to matters within the scope of the investigation and which the CMA group requests;
(b) any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request;
(c) any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the CMA group requests.
(5) In carrying out the investigation concerned the CMA group must take account of any information given under subsection (4).
(1) The CAA may publish information and advice which it thinks it is expedient to give to—
(a) operators and owners of aircraft;
(b) owners and managers of aerodromes;
(c) persons travelling in aircraft and persons with rights in property carried in them.
(2) The CAA may instead arrange for the publication of such information and advice.
(3) Publication under this section is to be in the form and manner the CAA thinks appropriate.
(4) So far as practicable the CAA must secure the exclusion of any matter relating to the affairs of a person if the CAA thinks its publication would or might seriously and prejudicially affect the person’s interests.
(5) But subsection (4) does not apply if the CAA thinks publication of the matter would be in the public interest.
(6) The Competition and Markets Authority must consult the CAA before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published under this section.
(7) An aerodrome is an aerodrome as defined by section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) So far as it appears to the CAA practicable to do so with a view to facilitating the exercise of its functions under this Part, it must—
(a) keep under review the provision (in the United Kingdom and elsewhere) of air traffic services;
(b) collect information about the provision (in the United Kingdom and elsewhere) of those services.
(2) The Secretary of State may give directions indicating considerations to which the CAA is to have particular regard in deciding the order of priority in which matters are to be reviewed in performing its duty under subsection (1)(a).
(3) If the CAA thinks it expedient or it is asked by the Secretary of State or the Competition and Markets Authority to do so, it must provide information, advice and help to the Secretary of State or the Competition and Markets Authority regarding any matter in respect of which the CAA has a function under this Part.
(4) The CAA may recover from the Secretary of State or the Competition and Markets Authority a sum equal to any expense reasonably incurred by it in providing anything to the person concerned under subsection (3).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may give directions indicating considerations to which the CAA is to have particular regard in deciding whether and how to exercise its functions under this Part.
(1) The Secretary of State may—
(a) give directions to any listed person in any time of actual or imminent hostilities or of severe international tension or of great national emergency;
(b) give directions to any listed person requiring him to participate in the planning of steps which might be taken in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
(2) The listed persons are—
(a) the CAA or a person (other than the CAA) appointed by regulations under section 16 of the Space Industry Act 2018;
(b) a person who provides air traffic services or range control services;
(c) a person who operates a United Kingdom air transport undertaking or carries out spaceflight activities;
(d) a person who operates an airport or a spaceport;
(e) a person who owns or operates a relevant asset.
(3) The power under subsection (1)(a) includes—
(a) in the case of a person within subsection (2)(a), power to direct it to carry out its functions in a specified manner or for specified purposes;
(b) in the case of a person who provides air traffic services or range control services, power to direct him to do so in a specified manner or for specified purposes;
(c) in the case of a person who owns a relevant asset, power to direct him to permit the use of the asset or to exercise his rights over it in a specified manner or for specified purposes;
(d) in the case of a person who operates a relevant asset, power to direct him to exercise his powers of management over the asset in a specified manner or for a specified purpose.
(4) The power under subsection (1)(a) includes power to give directions designed—
(a) to regulate or prohibit (absolutely or subject to conditions) the navigation of all or any descriptions of aircraft or spacecraft over the United Kingdom or over part of it or over any area of sea;
(b) to regulate or prohibit (absolutely or subject to conditions) the use, building, maintenance or establishment of aerodromes , flying schools or spaceports or of any description of aerodrome , flying school or spaceport;
(c) to secure that relevant assets are taken into the Secretary of State’s possession for use by or for the purposes of the armed forces of the Crown.
(5) In so far as a direction under this section conflicts with the requirements of an order under section 94, the direction is to be disregarded.
(6) In so far as a direction under this section conflicts—
(a) with the requirements of an enactment or instrument other than an order under section 94, or
(b) with any duty which arises otherwise than under an enactment or instrument,
the requirements are or the duty is to be disregarded.
(7) A person directed under this section commits an offence if without reasonable excuse he contravenes or fails to comply with the direction.
(8) A person who commits an offence under subsection (7) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
(9) A person (other than a person within subsection (2)(a)) who suffers direct injury or loss arising from compliance with a direction under subsection (1)(a) is entitled to receive compensation from the Secretary of State.
(10) The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
(c) an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).
(1) This section applies in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
(2) The Secretary of State may by order provide for—
(a) any aerodrome or spaceport, and
(b) any aircraft or spacecraft, machinery, plant, material or thing found in or on any aerodrome or spaceport,
to be taken into his possession and used by or for the purposes of the armed forces of the Crown.
(3) An order under this section may, for the purpose of securing compliance with the provisions of the order—
(a) provide for the detention of aircraft or spacecraft;
(b) make such other provision as appears to the Secretary of State to be necessary or expedient for securing such detention.
(4) A person must comply with an order under this section notwithstanding any other duty, however arising.
(5) An order under this section may, for the purpose of securing compliance with the provisions of the order, provide for—
(a) persons to be guilty of offences in such circumstances as may be specified in the order;
(b) persons to be liable on conviction of those offences to such penalties as may be so specified.
(6) The power under subsection (5) does not include power—
(a) to provide for offences to be triable only on indictment;
(b) to authorise the imposition, on summary conviction of an offence, of any term of imprisonment or of a fine exceeding the statutory maximum;
(c) to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.
(7) Any person who suffers direct injury or loss arising from compliance with an order under this section is entitled to receive compensation from the Secretary of State.
(8) The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
(c) an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).
(1) This section defines these expressions (here listed alphabetically) for the purposes of sections 93 and 94 and this section—
(a) aerodrome;
(b) airport, and its operator;
(c) great national emergency;
(ca) range control services;
(d) relevant asset, and a person who owns or operates it;
(da) spacecraft;
(db) spaceflight activities;
(dc) spaceport;
(e) United Kingdom air transport undertaking.
(2) A great national emergency is a natural disaster or other emergency which the Secretary of State thinks is or may be likely to give rise to such disruption of the means of transport that the population, or a substantial part of the population, of the United Kingdom is or may be likely to be deprived of essential goods or services.
(3) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982.
(4) An airport is the aggregate of the land, buildings and works comprised in an aerodrome; and a person operates an airport if he manages it.
(5) A United Kingdom air transport undertaking is an undertaking which appears to the Secretary of State to have its principal place of business in the United Kingdom and which includes the provision of services for the carriage by air of passengers or cargo for hire or reward.
(6) A relevant asset is any—
(a) aerodrome or spaceport,
(b) property used in connection with the operation of an aerodrome or spaceport,
(c) aircraft or spacecraft, or
(d) property used in connection with the provision of air traffic services or range control services.
(7) An owner of a relevant asset is a person—
(a) who owns it or has a right over or interest in it, and
(b) whose consent is needed for its use by any other person.
(8) An operator of a relevant asset is a person who manages it.
(9) The following expressions have the same meaning as in the Space Industry Act 2018—
range control services (see section 6 of that Act);
spacecraft (see section 2(6) of that Act);
spaceflight activities (see section 1(4) to (6) of that Act);
spaceport (see section 3(2) and (3) of that Act).
(1) The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.
(2) An order under this section may include provision for or in connection with—
(a) securing that the Scheme continues to be approved for the purposes of the relevant enactments;
(b) the amendment of the Scheme;
(c) the manner in which questions arising under the order are to be determined.
(3) The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—
(a) the trust deed of the Scheme;
(b) the rules of the Scheme;
(c) any other instrument relating to the constitution, management or operation of the Scheme.
(4) An order under this section may be made so as to have effect from a date falling before the making of the order.
(5) In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.
(6) A person falls within this subsection if—
(a) he is or has at any time been a contributing member of the Scheme, or
(b) he is or may become entitled to benefits in respect of a person falling within paragraph (a).
(7) A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.
(8) The relevant enactments are—
(a) Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes);
(b) Part III of the Pension Schemes Act 1993, so far as relating to occupational pension schemes.
(1) For the purposes of this Part these are air traffic services—
(a) providing instructions, information or advice with a view to preventing aircraft colliding with other aircraft or with other obstructions (whether in the air or on the ground);
(b) providing instructions, information or advice with a view to securing safe and efficient flying;
(c) managing the flow of air traffic with a view to ensuring the most efficient use of airspace;
(d) providing facilities for communicating with aircraft and for the navigation and surveillance of aircraft;
(e) notifying organisations of aircraft needing search and rescue facilities, and assisting organisations to provide such facilities.
(f) making an airspace change proposal to the CAA, or developing such a proposal with a view to making it to the CAA.
(1A) In paragraph (1)(f), “airspace change proposal” means a proposal—
(a) to change—
(i) airspace structures within the London, Scottish or Shanwick Oceanic flight information regions, or
(ii) the flight procedures to be followed in those regions or any part of them, and
(b) which is of a type that the CAA is required to develop procedures for dealing with by directions given under section 66 of this Act (air navigation: directions).
(2) The Secretary of State may by order amend the meaning of air traffic services for the purposes of this Part.
(1) A document required or authorised by virtue of this Part to be served on a person may be served—
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body;
(c) if the person is a partnership, by serving it in accordance with paragraph (a) on 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 on whom a document is to be served is his last known address, except that—
(a) in the case of service on a body corporate or its secretary, it is the address of the registered or principal office of the body;
(b) in the case of service on a partnership or a partner or a person having the control or management of a 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 be served under this Part with a document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.
(5) In relation to that document that address must be treated as his 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 its service.
(7) In this section references to serving include references to similar expressions (such as giving or sending).
(1) A person commits an offence if in giving information or making an application in relevant circumstances—
(a) he makes a statement which he knows to be false in a material particular, or
(b) he recklessly makes a statement which is false in a material particular.
(2) A person gives information or makes an application in relevant circumstances if he gives or makes it in pursuance of—
(a) a provision contained in or made under this Part, or
(b) a direction given, notice served or other thing done in pursuance of such a provision.
(3) 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.
(4) No proceedings may be started in England and Wales for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(5) No proceedings may be started in Northern Ireland for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(1) A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.
(2) An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.
(3) A power to make an order or regulations under this Part is exercisable by statutory instrument.
(4) In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.
(5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 11, 19A, 40A, 51 or 94 , paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1 .
(6) No order is to be made under section 51 , and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1, unless a draft has been laid before and approved by resolution of each House of Parliament.
(7) The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.
(8) The power to make an order under section 98 is exercisable only after consultation with the CAA.
(9) The power to make regulations under section 6 or 11 is exercisable only after consultation with the CAA.
(10) The power to make an order under section 57 is exercisable only with the Treasury’s consent.
(11) The power to make an order under section 77(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.
(12) The power to make an order under section 96 is exercisable only after consultation with the trustees of the Civil Aviation Pension Scheme.
(13) If apart from this subsection a draft of an order under section 51 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
(1) A person to whom a direction is given under this Part must give effect to the direction.
(2) A direction under a provision of this Part may be varied or revoked by a direction under the same provision.
(2A) But subsection (2) does not apply in the case of—
(a) a direction given by the Competition and Markets Authority under section 19C;
(b) a direction given by that Authority under paragraph 8 of Schedule A1 (see instead paragraph 8(4) of that Schedule);
(c) a direction given by the Competition Appeal Tribunal under paragraph 20 of Schedule B1;
(d) a direction given by that Tribunal under paragraph 8 of Schedule C1.
(3) A direction under this Part must be in writing.
(1) The provisions mentioned in subsection (2) bind the Crown.
(2) The provisions are—
(a) section 3;
(b) sections 26 to 30 and 33;
(c) sections 41, 42, 44, 45 and 60;
(d) Chapter V, to the extent that it applies or modifies the operation of provisions of the Competition Act 1998;
(e) sections 93 to 95;
(f) section 104, so far as relating to other provisions of this Part which bind the Crown;
(g) Schedule 1, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
(h) Schedule 2;
(i) Schedule 3, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency (Northern Ireland) Order 1989 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of Article 378 of that Order;
(j) Schedule 6.
(3) Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.
(4) The provisions are—
(a) Chapter IV (except section 82);
(b) any order or regulations under any provision mentioned in paragraph (a).
(5) This section (except so far as it relates to Chapter V) has effect subject to section 106; and, so far as it relates to Chapter V, it has effect subject to section 73 of the Competition Act 1998.