Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued

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  CHAPTER VI
  MISCELLANEOUS AND GENERAL
 
Miscellaneous
Publication of information and advice.     91. - (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 Director must consult the CAA before publishing under section 124 of the 1973 Act 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) The Director is the Director General of Fair Trading and the 1973 Act is the Fair Trading Act 1973.
 
Review and information.     92. - (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 Director to do so, it must provide information, advice and help to the Secretary of State or the Director 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 Director a sum equal to any expense reasonably incurred by it in providing anything to the person concerned under subsection (3).
 
      (5) The Director is the Director General of Fair Trading.
 
Secretary of State's directions to CAA.     93. 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.
 
Control in time of hostilities etc.     94. - (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;
 
    (b) a person who provides air traffic services;
 
    (c) a person who operates a United Kingdom air transport undertaking;
 
    (d) a person who operates an airport;
 
    (e) a person who owns or operates a relevant asset.
      (3) The power under subsection (1)(a) includes-
 
 
    (a) in the case of the CAA, 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, 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 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 or flying schools or of any description of aerodrome or flying school;
 
    (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 95, 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 95, 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 the CAA) 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 Lord Chancellor (if the proceedings are to be held in Northern Ireland).
Orders for possession of aerodromes etc.     95. - (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, and
 
    (b) any aircraft, machinery, plant, material or thing found in or on any aerodrome,
       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;
 
    (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 Lord Chancellor (if the proceedings are to be held in Northern Ireland).
Sections 94 and 95: interpretation.     96. - (1) This section defines these expressions (here listed alphabetically) for the purposes of sections 94 and 95 and this section-
 
 
    (a) aerodrome;
 
    (b) airport, and its operator;
 
    (c) great national emergency;
 
    (d) relevant asset, and a person who owns or operates it;
 
    (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,
 
    (b) property used in connection with the operation of an aerodrome,
 
    (c) aircraft, or
 
    (d) property used in connection with the provision of air traffic 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.
 
 
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