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Arrangement of Clauses (Contents)

Transport Bill
 
 

 
 
A

B I L L

TO

Make provision about transport.

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:-
 

  PART I
  AIR TRAFFIC
  CHAPTER I
  AIR TRAFFIC SERVICES
 
General duties
Secretary of State's general duty.     1. - (1) 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;
 
    (d) to impose on licence holders the minimum restrictions which are consistent with the exercise of the Secretary of State's functions under this Chapter (including the above paragraphs).
      (2) These interests are the only ones to be considered under subsection (1)(a)-
 
 
    (a) interests regarding safety;
 
    (b) interests regarding the range, availability, continuity, cost and quality of air traffic services.
      (3) The reference in subsection (1)(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.
 
      (4) If in a particular case there is a conflict in the application of the provisions of subsections (1) to (3), in relation to that case the Secretary of State must exercise his functions under this Chapter in the manner he thinks is reasonable having regard to the provisions of subsections (1) to (3) as a whole.
 
      (5) This section does not apply to the exercise of the Secretary of State's functions under section 35.
 
CAA's general duty.     2. - (1) 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;
 
    (f) to impose on licence holders the minimum restrictions which are consistent with the exercise of the CAA's functions under this Chapter (including the above paragraphs).
      (2) These interests are the only ones to be considered under subsection (1)(a)-
 
 
    (a) interests regarding safety;
 
    (b) interests regarding the range, availability, continuity, cost and quality of air traffic services.
      (3) The reference in subsection (1)(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.
 
      (4) If in a particular case there is a conflict in the application of the provisions of subsections (1) to (3), in relation to that case the CAA must exercise its functions under this Chapter in the manner it thinks is reasonable having regard to the provisions of subsections (1) to (3) as a whole.
 
      (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 functions under this Chapter.
 
 
Restrictions
Restrictions on providing services.     3. - (1) A person commits an offence if he provides air traffic services in respect of a managed area; and this is so even if the person acts on behalf of the Crown.
 
      (2) But subsection (1) is subject to subsections (3) to (6).
 
      (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 or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.
 
      (6) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 63(1).
 
      (7) 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.
      (8) 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.
      (9) 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.
Exemptions.     4. - (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).
      (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.
 
Licences: general.     5. - (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 which is-
 
 
    (a) limited by shares and formed and registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986, or
 
    (b) an existing company within the meaning given by section 735(1) of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986.
      (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.
 
 
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