Office of Public Sector Information
(1) The Secretary of State must exercise his functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).
(2) The Secretary of State must exercise his functions under this Chapter in the manner he thinks best calculated—
(a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
(b) to promote efficiency and economy on the part of licence holders;
(c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences.
(3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
(4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.
(5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the Secretary of State must apply them in the manner he thinks is reasonable having regard to them as a whole.
(6) The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.
(7) This section does not apply to the exercise of the Secretary of State’s functions under section 38.
(1) The CAA must exercise its functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).
(2) The CAA must exercise its functions under this Chapter in the manner it thinks best calculated—
(a) to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
(b) to promote efficiency and economy on the part of licence holders;
(c) to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences;
(d) to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification);
(e) to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section.
(3) The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
(4) The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.
(5) If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
(6) The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.
(7) Section 4 of the [1982 c. 16.] 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.
(1) A person commits an offence if he provides air traffic services in respect of a managed area.
(2) But subsection (1) is subject to subsections (3) to (5).
(3) Subsection (1) does not apply if the person—
(a) is authorised by an exemption to provide the services, or
(b) acts as an employee or agent of a person who is authorised by an exemption to provide the services.
(4) Subsection (1) does not apply if the person—
(a) holds a licence authorising him to provide the services, or
(b) acts as an employee or agent of a person who is authorised by a licence to provide the services.
(5) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).
(6) For the purposes of this section—
(a) air traffic services are to be treated as provided at the place from which they are provided;
(b) air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided.
(7) A person who commits an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(8) No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of—
(a) the Secretary of State, or
(b) the CAA acting with his consent.
(1) The Secretary of State may by order grant an exemption authorising the provision of air traffic services in respect of a managed area.
(2) An exemption—
(a) may be granted to a particular person or to persons of a specified description or to all persons;
(b) may be granted in respect of air traffic services of one or more specified descriptions;
(c) may be granted in respect of air traffic services provided in specified circumstances;
(d) may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area);
(e) may be granted subject to such conditions as may be specified.
(3) An exemption granted to persons of a specified description must be published in such manner as the Secretary of State thinks appropriate for bringing it to the attention of persons of that description.
(4) An exemption continues in force for the period specified in or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.
(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 [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986, or
(b) an existing company within the meaning given by section 735(1) of the [1985 c. 6.] Companies Act 1985 or Article 3 of the [S.I. 1986/1032 (N.I. 6).] 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.
(1) A licence may be granted by—
(a) the Secretary of State after consulting the CAA,
(b) the CAA with the consent of the Secretary of State, or
(c) the CAA in accordance with a general authority given by the Secretary of State.
(2) A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise).
(3) An application for a licence—
(a) must be made in the prescribed manner;
(b) must contain or be accompanied by prescribed information;
(c) must be accompanied by the application fee (if any);
(d) must, if the licence authority requires, be published by the applicant in the prescribed manner and within a period notified to it by the licence authority.
(4) On an application the licence authority may grant or refuse the licence.
(5) Before granting or refusing a licence the licence authority must—
(a) publish a notice in such manner as the authority thinks appropriate for bringing it to the attention of persons likely to be affected by the grant or refusal,
(b) serve a copy of the notice on the applicant, and
(c) consider any representations made in accordance with the notice (and not withdrawn).
(6) The notice must—
(a) state either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case) the reasons for so proposing, and
(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed grant or refusal.
(7) As soon as practicable after granting a licence the grantor must send a copy—
(a) to the CAA, if the grantor is the Secretary of State;
(b) to the Secretary of State, if the grantor is the CAA.
(8) The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3—
(a) the requirement to consult imposed by subsection (1)(a);
(b) the requirements imposed by subsection (3);
(c) the requirements imposed by subsections (5) and (6).
(9) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).
(10) The application fee is—
(a) the prescribed fee, if the licence authority is the Secretary of State;
(b) the charge determined under a scheme or regulations made under section 11 of the [1982 c. 16.] Civil Aviation Act 1982, if the licence authority is the CAA.
(11) “Prescribed” means prescribed by regulations made by the Secretary of State.
(1) A licence may include such provisions as the licence authority thinks are necessary or expedient; and a provision need not relate to services authorised by the licence.
(2) In particular, provision of the following kinds may be included—
(a) provision requiring the licence holder to enter into an agreement for a purpose specified in the licence and provision for determining the terms of the agreement;
(b) provision requiring the licence holder to comply with any requirements imposed at any time (by directions or otherwise) by a person with respect to any matter specified, or of a description specified, in the licence;
(c) provision requiring the licence holder, except in so far as a person consents to its doing or not doing them, not to do or to do such things as may be specified, or of a description specified, in the licence;
(d) provision requiring the licence holder to refer to a person for approval or determination such matters as may be specified, or of a description specified, in the licence.
(3) A reference in subsection (2) to a person is to—
(a) a person specified, or of a description specified, in the licence for the purpose concerned, or
(b) if the licence so provides, a person nominated for the purpose concerned by a person falling within paragraph (a);
and any of those persons may be the licence authority or some other person.
(4) A licence may include provisions requiring a payment on its grant or payments during its currency (or both)—
(a) of an amount or amounts specified in the licence or determined by or under it;
(b) to a person or persons specified in the licence or determined by or under it.
(5) A provision relating to the modification of a licence is to have effect in addition to the provisions of this Chapter regarding modification.
(6) Such provisions as the licence authority thinks fit may be expressed as conditions.
(7) The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).
(1) While a licence is in force its holder—
(a) must secure that a safe system for the provision of authorised air traffic services in respect of a licensed area is provided, developed and maintained;
(b) must take all reasonable steps to secure that the system is also efficient and co-ordinated;
(c) must take all reasonable steps to secure that the demand for authorised air traffic services in respect of a licensed area is met;
(d) must have regard, in providing, developing and maintaining the system, to the demands which are likely to be placed on it in the future.
(2) A licensed area is an area in respect of which the licence authorises its holder to provide air traffic services.
(3) Authorised services are services of the description specified in the licence as the description of services which the holder of the licence is authorised to provide.
(4) For the purposes of subsection (1)(a) a system for the provision of services is safe if (and only if) in providing the services the person who provides them complies with such requirements as are imposed by Air Navigation Orders with regard to their provision.
(5) An Air Navigation Order is an Order in Council under section 60 of the [1982 c. 16.] Civil Aviation Act 1982.
(1) If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder.
(2) A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area.
(3) A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.
(1) No action is to lie in respect of a failure by a licence holder to perform—
(a) a duty imposed by section 8;
(b) a condition of a licence.
(2) But subsection (1) does not affect—
(a) a right of action in respect of an act or omission which takes place in the course of the provision of air traffic services;
(b) the power to make an order under section 20, a duty to comply with the order and a power to bring proceedings in respect of the duty.
(1) The CAA may modify the conditions of a licence if its holder consents to the modifications.
(2) Before making modifications under this section the CAA must—
(a) publish a notice in such manner as the CAA thinks appropriate for bringing it to the attention of persons likely to be affected by the making of the modifications,
(b) serve a copy of the notice on the licence holder,
(c) send a copy of the notice to the Secretary of State, and
(d) consider any representations made in accordance with the notice.
(3) The notice must—
(a) state that the CAA proposes to make the modifications and state their effect and the reasons for so proposing, and
(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed modifications.
(4) If within the period stated under subsection (3)(b) the Secretary of State gives a direction to the CAA requiring it not to make the modifications the CAA must comply with the direction.
(5) As soon as practicable after making modifications under this section the CAA must send a copy of them to the licence holder and a copy to the Secretary of State.
(1) The CAA may make to the Competition Commission a reference requiring the Commission to investigate and report on—
(a) whether any matters which are specified in the reference and which relate to the provision of air traffic services by or on behalf of a licence holder operate against the public interest or may be expected to do so;
(b) if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.
(2) The CAA may at any time by notice given to the Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Commission must give effect to the variation.
(3) To help the Commission in its investigation the CAA may specify in the reference or a variation of it—
(a) any effects adverse to the public interest which in its opinion the matters specified in the reference or variation have or may be expected to have;
(b) any modifications of the conditions of the licence by which in its opinion those effects could be remedied or prevented.
(4) As soon as practicable after making a reference or variation the CAA must—
(a) serve a copy of the reference or variation on the licence holder;
(b) publish particulars of the reference or variation in such manner as the CAA considers appropriate for bringing it to the attention of persons likely to be affected by it;
(c) send a copy of the reference or variation to the Secretary of State.
(5) If before the end of the period of 28 days starting with the day on which the Secretary of State receives the copy he gives a direction to the Commission requiring it not to proceed with the reference or not to give effect to the variation, the Commission must comply with the direction.
(6) To help the Commission in its investigation the CAA must give to the Commission—
(a) any information the CAA has which relates to matters within the scope of the investigation and which the Commission 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 Commission requests.
(7) In carrying out the investigation concerned the Commission must take account of any information given under subsection (6).
(8) In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Commission must have regard to the matters as respects which duties are imposed on the Secretary of State and the CAA by sections 1 and 2.
(9) The provisions listed in subsection (10) apply to references under this section as if—
(a) the functions of the Commission in relation to those references were functions under Parts IV, V, VI and VIII of the 1973 Act;
(b) the expression “merger reference” included a reference under this section;
(c) in section 70 of the 1973 Act references to the Secretary of State were to the CAA and the reference to three months were to six months.
(10) The provisions are—
(a) sections 70, 85 and 93B of the 1973 Act (time limit for report; witnesses and documents; and false or misleading information);
(b) section 24 of the [1980 c. 21.] Competition Act 1980 (modification of provisions about Commission’s general functions);
(c) Part II of Schedule 7 to the [1998 c. 41.] Competition Act 1998 (Commission’s general functions).
(11) The 1973 Act is the [1973 c. 41.] Fair Trading Act 1973.
(1) In making a report on a reference under section 12 the Competition Commission—
(a) must include definite conclusions on the questions contained in the reference and such an account of its reasons for the conclusions as in its opinion facilitates a proper understanding of the questions and of the conclusions;
(b) if it concludes that any of the matters specified in the reference operate against the public interest or may be expected to do so, must specify the effects adverse to the public interest which the matters have or may be expected to have;
(c) if it concludes that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, must specify modifications by which the effects could be remedied or prevented.
(2) Section 82 of the [1973 c. 41.] Fair Trading Act 1973 (general provisions as to reports) applies to reports of the Commission on references under section 12 as it applies to reports of the Commission under that Act.
(3) A report of the Commission on a reference under section 12 must be made to the CAA.
(4) The CAA—
(a) must on receiving such a report send a copy to the licence holder and a copy to the Secretary of State;
(b) must, after the end of the specified period, publish the report in such manner as the CAA considers appropriate for bringing it to the attention of persons likely to be affected by it.
(5) But if the Secretary of State thinks that the publication of any matter would be against the public interest or any person’s commercial interests, he may before the end of the specified period give a direction to the CAA requiring it to exclude the matter from every copy of the report to be published as mentioned above.
(6) The specified period is the period of 14 days starting with the day after the Secretary of State receives the copy under subsection (4).
(1) This section applies if a report of the Competition Commission on a reference under section 12—
(a) includes conclusions to the effect that any of the matters specified in the reference operate against the public interest or may be expected to do so,
(b) specifies effects adverse to the public interest which the matters have or may be expected to have,
(c) includes conclusions to the effect that the effects could be remedied or prevented by modifications of the conditions of the licence, and
(d) specifies modifications by which the effects could be remedied or prevented.
(2) The CAA must suggest such modifications of the conditions of the licence as it thinks are needed to remedy or prevent the adverse effects specified in the report.
(3) Before suggesting modifications the CAA must—
(a) have regard to the modifications specified in the report,
(b) publish a notice in such manner as the CAA thinks appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by the making of the modifications,
(c) serve a copy of the notice on the licence holder, and
(d) consider any representations made in accordance with the notice (and not withdrawn).
(4) The notice must—
(a) state that the CAA proposes to suggest the modifications and state their effect and the reasons for so proposing, and
(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposals.
(5) If the CAA suggests modifications under this section it must—
(a) give notice to the Commission setting out the modifications it suggests and the reasons for its suggestions, and
(b) send to the Commission copies of any representations made in accordance with the notice published under subsection (3) (and not withdrawn).
(1) This section applies if the Competition Commission is given notice under section 14.
(2) Within the permitted period the Commission may give a direction to the CAA—
(a) not to make the modifications set out in the notice, or
(b) not to make such of those modifications as are specified in the direction.
(3) But the Commission may give a direction only if it thinks the modifications set out in the notice are not the modifications which are needed to remedy or prevent the adverse effects specified in the Commission’s report on the reference under section 12.
(4) If the Commission gives a direction it must—
(a) publish a notice in such manner as the Commission thinks appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by the direction, and
(b) serve a copy of the notice on the licence holder.
(5) The notice must set out—
(a) the modifications set out in the notice given under section 14,
(b) the direction, and
(c) the reasons for giving the direction.
(6) If the permitted period expires without a direction being given under subsection (2) the CAA must make the modifications set out in the notice given under section 14.
(7) If within the permitted period a direction is given under subsection (2)(b) the CAA must make the modifications which are—
(a) set out in the notice given under section 14, and
(b) not specified in the direction.
(8) As soon as practicable after making modifications under this section the CAA must send a copy of them to the licence holder and a copy to the Secretary of State.
(9) The permitted period is the period of four weeks starting with the day the Commission is given notice under section 14.
(10) But if within that period—
(a) the Commission applies to the Secretary of State to extend it to six weeks, and
(b) he directs that it is to be so extended,
the permitted period is the period of six weeks starting with the day the Commission is given notice under section 14.
Transport Act 2000