Civil Aviation Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
1

A
Bill
[AS AMENDED ON REPORT]
To
Make further provision about civil aviation, including provision about the
funding of the Air Travel Trust; and for connected purposes.
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:—
Noise, vibration and emissions
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Aerodrome charges: noise and emissions
For section 38 of the Civil Aviation Act 1982 (c. 16) substitute—
“38
Aerodrome charges: noise and emissions
(1)
Without prejudice to any power of any aerodrome authority to enter
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into an agreement on such terms as it thinks fit, an aerodrome authority
shall, for the purposes mentioned in subsection (2) below, fix its
charges in proportion to the noise made by aircraft and by reference
(among other things) to—
(a)
any fact or matter relevant to the amount of noise caused by the
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aircraft or the extent or nature of any inconvenience resulting
from such noise;
(b)
any fact or matter relevant to the amount or nature of emissions
produced by the aircraft or the extent or nature of any
atmospheric pollution resulting from such emissions;
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(c)
any fact or matter relevant to the effect of the aircraft on the
level of noise or atmospheric pollution at any place in or in the
vicinity of the aerodrome;
(d)
any failure by the operator of the aircraft to secure that any
noise or emissions requirements applying to the aircraft are
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complied with.

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(2)
The purposes mentioned in this subsection are—
(a)
in relation to paragraph (a) of subsection (1) above, encouraging
the use of quieter aircraft and reducing inconvenience from
aircraft noise;
(b)
in relation to paragraph (b) of that subsection, encouraging the
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use of aircraft which produce lower emissions of any substance
which contributes to atmospheric pollution;
(c)
in relation to paragraph (c) of that subsection, controlling the
level of noise or atmospheric pollution in or in the vicinity of the
aerodrome so far as attributable to aircraft taking off or landing
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at the aerodrome;
(d)
in relation to paragraph (d) of that subsection, promoting
compliance with noise or emissions requirements.

In paragraph (b) above “substance” includes a substance in solid or
liquid form or in the form of a gas or vapour.
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(3)
In subsections (1)(d) and (2)(d) above “noise or emissions
requirements” means requirements imposed in relation to aircraft
taking off or landing at the aerodrome, which are either—
(a)
requirements imposed under section 78 below for the purpose
of limiting, or mitigating the effect of, noise caused by such
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aircraft, or
(b)
requirements imposed by the aerodrome authority (otherwise
than under that section) for the purpose of limiting, or
mitigating the effect of, noise caused by, or emissions produced
by, such aircraft.
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(4)
The Secretary of State may by order direct specified aerodrome
authorities to fix their charges in exercise of any power conferred by
subsection (1) above; and any such order may contain directions as to
the manner in which those charges are to be so fixed.
(5)
This section has effect subject to any provision relating to the use of, or
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charges for the use of, aerodromes which is made by or under any other
enactment.
(6)
Charges, in relation to noise, shall be proportional to the noise emitted.
(7)
In this section—
“aerodrome authority” means a person owning or managing an
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aerodrome licensed under an Air Navigation Order; and
“charges”, in relation to an aerodrome authority, means the
charges the authority makes for the use of an aerodrome so
licensed which is owned or managed by the authority.”
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Regulation by Secretary of State of noise and vibration from aircraft
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(1)
Section 78 of the Civil Aviation Act 1982 (c. 16) (regulation by Secretary of State
of noise and vibration from aircraft) is amended as follows.
(2)
For paragraph (c) of subsection (3) substitute—
“(ba)
impose other restrictions for limiting cumulative amounts of
noise and vibration caused by aircraft of descriptions so
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specified taking off or landing at the aerodrome (otherwise than
as aforesaid) during periods so specified;

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(c)
determine the matters mentioned in subsection (3A) below in
respect of—
(i)
periods specified in a notice under paragraph (b) above;
(ii)
periods specified in a notice under paragraph (ba) above
during which the number of aircraft which may take off
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or land at the aerodrome is limited by virtue of the
notice;”.
(3)
After that subsection insert—
“(3A)
The matters mentioned in this subsection are—
(a)
the persons who shall be entitled to arrange for aircraft of which
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they are the operators to take off or land at the aerodrome
during the periods in question, and
(b)
as respects each of those persons, the number of occasions
(whether determined by reference to a maximum number or
otherwise) on which aircraft of a particular description of which
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he is the operator may take off or land at the aerodrome during
those periods.”
(4)
After subsection (6) insert—
“(6A)
Directions under subsection (6) above may be given for the purpose of
avoiding, limiting, or mitigating the effect of, such noise and vibration
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either—
(a)
generally, or
(b)
in any particular area or areas.”
(5)
In subsection (9)—
(a)
in paragraph (i) for the words from “not exceeding” to “; and”
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substitute “not exceeding level 5 on the standard scale; and”, and
(b)
in paragraph (ii) for “to be fined accordingly” substitute “on summary
conviction to a fine not exceeding 10% of level 5 on the standard scale”.
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Power for aerodromes to establish penalty schemes
After section 78 of the Civil Aviation Act 1982 (c. 16) insert—
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“78A
Penalty schemes
(1)
The person for the time being managing an aerodrome (referred to in
this section and section 78B below as the “relevant manager”) may
establish and maintain a penalty scheme.
(2)
In this section and section 78B below “penalty scheme” means a scheme
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which requires a penalty to be paid if any requirement imposed under
section 78(1) above in relation to an aircraft taking off or landing at the
aerodrome is not complied with.
(3)
Any such penalty shall be—
(a)
of an amount specified in the scheme, and
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(b)
paid to the relevant manager by the operator of the aircraft in
question.
(4)
The penalty scheme shall afford the operator of the aircraft an
opportunity to make representations to the relevant manager with
respect to the matter either before or after the penalty is imposed.
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(5)
If the scheme affords an opportunity to make representations after the
penalty is imposed, it shall provide for the relevant manager to cancel
the penalty if he considers it appropriate to do so having considered
those representations.
(6)
A penalty scheme may—
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(a)
contain such incidental or supplementary provisions as the
relevant manager considers appropriate, and
(b)
be amended or revoked by the relevant manager.
(7)
The amendment or revocation of a penalty scheme shall not affect the
validity of anything previously done under the scheme.
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(8)
A relevant manager who receives penalties under a penalty scheme
shall make payments equal to the amount of those penalties for
purposes which appear to him to be likely to be of benefit to persons
who live in the area in which the aerodrome is situated.
78B
Direction to establish, amend or revoke penalty scheme
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(1)
The Secretary of State may direct a specified relevant manager—
(a)
to establish a penalty scheme, or
(b)
to amend or revoke a penalty scheme.
(2)
The Secretary of State shall publish any direction given under
subsection (1) above in such manner as appears to him to be
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appropriate.
(3)
A direction under subsection (1) above which requires a relevant
manager to establish or amend a penalty scheme may include
directions as to the provisions which are to be included in the scheme.
(4)
Before giving a direction under subsection (1) above the Secretary of
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State shall consult—
(a)
the relevant manager, and
(b)
any body appearing to him to be representative of operators of
aircraft using the aerodrome in question.
(5)
If a relevant manager fails to comply with a direction given to him
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under subsection (1) above he shall—
(a)
be guilty of an offence and liable on summary conviction to a
fine not exceeding level 5 on the standard scale, and
(b)
if the failure continues after his conviction of an offence under
this subsection arising from the failure, be guilty of a separate
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offence under this subsection on each day on which the failure
continues thereafter and be liable on summary conviction to a
fine not exceeding 10% of level 5 on the standard scale.”
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Power for aerodromes to establish noise control schemes
After section 38 of the Civil Aviation Act 1982 (c. 16) insert—
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“38A
Noise control schemes
(1)
An aerodrome operator may establish and maintain a scheme (referred
to in this section and sections 38B and 38C below as a “noise control
scheme”) for the purpose of avoiding, limiting or mitigating the effect

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of noise connected with the taking off or landing of aircraft at the
aerodrome.
(2)
A noise control scheme may—
(a)
require operators of aircraft which are to take off or land at the
aerodrome to secure that specified requirements are complied
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with in relation to the aircraft after they take off, or before they
land, at the aerodrome;
(b)
prohibit aircraft of specified descriptions from taking off or
landing at the aerodrome during specified periods;
(c)
specify the maximum number of occasions on which aircraft of
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specified descriptions may take off or land at the aerodrome
during specified periods;
(d)
impose other restrictions for limiting the cumulative amount of
noise caused by aircraft of specified descriptions taking off or
landing at the aerodrome during specified periods.
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In this subsection “specified” means specified in the scheme.
(3)
A noise control scheme which contains—
(a)
provision under paragraph (c) of subsection (2) above, or
(b)
provision under paragraph (d) of that subsection which has the
effect of limiting the number of occasions on which aircraft may
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take off or land at the aerodrome during the periods specified
under that paragraph,

shall make provision for determining the matters mentioned in
subsection (4).
(4)
The matters mentioned in this subsection are—
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(a)
the persons who shall be entitled to arrange for aircraft of which
they are the operators to take off or land at the aerodrome
during the periods in question, and
(b)
as respects each of those persons, the number of occasions
(whether determined by reference to a maximum number or
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otherwise) on which aircraft of a particular description of which
he is the operator may take off or land at the aerodrome during
those periods.
(5)
Before making, amending or revoking any provision in a noise control
scheme by virtue of subsection (3) above the aerodrome operator shall
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consult any body appearing to it to be representative of operators of
aircraft using the aerodrome.
(6)
A noise control scheme may make provision as respects any period
even if that period is included in, or there is included in that period, any
other period as respects which provision relating to the aerodrome is
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made by the scheme.
(7)
A noise control scheme may—
(a)
provide for circumstances in which the scheme (or any
provision of the scheme) is not to apply,
(b)
contain such incidental or supplementary provisions as the
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aerodrome operator considers appropriate, and
(c)
be amended or revoked by the aerodrome operator.

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(8)
A noise control scheme shall not be established in relation to an
aerodrome which is designated for the purposes of section 78 of this
Act (and on such a designation coming into force in relation to an
aerodrome any noise control scheme which has effect in relation to the
aerodrome shall cease to have effect).
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(9)
The amendment or revocation of a noise control scheme, or its ceasing
to have effect by virtue of subsection (8) above, shall not affect the
validity of anything previously done under the scheme.
(10)
The powers conferred on an aerodrome operator by this section and
sections 38B and 38C below are in addition to, and do not prejudice, any
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other power of the aerodrome operator to take steps for the purpose of
avoiding, limiting or mitigating the effect of noise connected with the
taking off or landing of aircraft at the aerodrome.
(11)
In this section and sections 38B and 38C below “aerodrome operator”
means a person owning or managing an aerodrome.
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38B
Noise control schemes: supplementary
(1)
This section applies where a noise control scheme imposes
requirements under section 38A(2)(a) above in relation to aircraft
taking off or landing at an aerodrome.
(2)
The requirements so imposed shall have effect in relation to such an
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aircraft only—
(a)
while it is within such area as may be specified in relation to the
aerodrome by order made by the Secretary of State, or
(b)
if no area has been so specified, while it is within the area
represented by a circle with a radius of 40 kilometres from the
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centre of the longest runway at the aerodrome.
(3)
An area may be specified for the purposes of subsection (2)(a) above by
description, by reference to a map or in any other way.
(4)
No point in the area so specified may be more than 60 kilometres in a
straight line from the centre of the longest runway at the aerodrome.
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(5)
Before making an order under this section the Secretary of State shall
consult—
(a)
the CAA,
(b)
the aerodrome operator,
(c)
any body appearing to the Secretary of State to be
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representative of operators of aircraft using the aerodrome,
(d)
the local authorities in whose areas the aerodrome (or any part
of it) is situated,
(e)
other local authorities whose areas are in the neighbourhood of
the aerodrome, and
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(f)
any other body appearing to the Secretary of State to be
representative of persons concerned with the locality in which
the aerodrome is situated.