Decision No.4/16 - Decision on Strengthening Good Governance and Promoting Connectivity
For section 38 of the Civil Aviation Act 1982 (c. 16) substitute—
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.
After subsection (6) insert—
In subsection (9)—
in paragraph (i) for the words from “not exceeding” to “; and” substitute “ not exceeding level 5 on the standard scale; and ”, and
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 ”.
After section 78 of the Civil Aviation Act 1982 (c. 16) insert—
After section 38 of the Civil Aviation Act 1982 (c. 16) insert—
The Airports Act 1986 (c. 31) is amended as follows.
In section 17 (control over constitution and activities of public airport companies) at the end add—
After section 17 insert—
Schedule 1 makes provision about the policing of aerodromes designated by the Secretary of State for the purposes of Part 3 of the Aviation Security Act 1982 (c. 36).
Section 69A of the Civil Aviation Act 1982 (c. 16) (regulation of carriage by air by route licences) is amended as follows.
In subsection (7), after paragraph (c) insert—.
After subsection (7) insert—
In regulation 27(1) of the Civil Aviation Authority Regulations 1991 (S.I. 1991/1672) (appeals to the Secretary of State), omit “ or a route licence ”.
The amendments made by this section do not affect any appeal of which notice is served in accordance with regulation 27 of the Civil Aviation Authority Regulations 1991 before the coming into force of this section.
The Civil Aviation Act 1982 (c. 16) is amended as follows.
After section 1(1) (functions of Secretary of State) insert—
In section 3(c) (functions of CAA) after “airworthiness),” insert “ the health of persons on board aircraft, ”.
In section 16 (provision by CAA of assistance for Secretary of State and others)—
after subsection (1) insert—; and
after subsection (4) insert—
In section 60 (power to make air navigation orders) after subsection (3)(h) insert—.
Section 96 of the Civil Aviation Act 1982 (c. 16) (use of records and documentary evidence) is amended as follows.
In subsection (1), for paragraph (b) substitute—.
After section 71 of the Civil Aviation Act 1982 insert—
The Secretary of State must lay before Parliament a copy of every report that he receives from the trustees of the Air Travel Trust by virtue of the terms of the trust deed.
No court may, by virtue of any enactment whenever passed or made, vary the terms of the deed establishing the Air Travel Trust unless the variation is sought by, or with the consent of, the Secretary of State.
In this section the “Air Travel Trust” means the trust established by that name by a deed dated 5th January 2004 and made between the Secretary of State for Transport and the persons described as the Original Trustees.
In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to Scottish Ministers) Order 1999 (S.I. 1999/1750), in the entry relating to the Civil Aviation Act 1982 (c. 16), for “38(2), 42(1), 50(2), 78,” substitute “ 38(4) and (5), 38B(2)(a) and (5), 42(1), 50(2), 78, 78B(1), (2) and (4), ”.
Subsection (1) does not affect the power to make further Orders varying or omitting those references.
Schedule 2 contains consequential amendments.
This Act may be cited as the Civil Aviation Act 2006.
Section 6, this section and Schedule 1 come into force on the day on which this Act is passed.
Otherwise, this Act comes into force on such day as the Secretary of State may appoint by order made by statutory instrument.
Different days may be appointed for different purposes or different areas.
An order under subsection (3) may make— as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
Subject to subsections (7) and (8), this Act extends to the whole of the United Kingdom.
Section 4, and paragraphs 2 and 5 of Schedule 2, extend to England and Wales and Scotland.
Section 5 extends to England and Wales only.
The power conferred by section 108(1) of the Civil Aviation Act 1982 to extend provisions of that Act to a place outside the United Kingdom includes power so to extend any provision of that Act (other than section 88) as amended or inserted by this Act.
Section 6
Part 3 of the Aviation Security Act 1982 (c. 36) (“the 1982 Act”) (policing of airports) has effect subject to the following amendments.
After section 25 insert—
Section 26 (exercise of police functions at designated airports) is amended as follows. After subsection (2) insert— Omit subsection (3).
After section 29 insert—
“immigration officer” means a person who is an immigration officer within the meaning of the Immigration Act 1971; “police services agreement” has the meaning given by section 25B(3) of this Act (but this is subject to section 29D(7) of this Act); “the relevant persons” has the meaning given by section 25B(10) of this Act;
Paragraph 3(2), so far as relating to section 26(2A), (2C) and (2D) of the 1982 Act, is to be treated as having come into force on 21st November 2005. But in relation to the period beginning with 21st November 2005 and ending with the day before that on which this Act is passed— Paragraph 3(3)— Paragraph 4, so far as relating— is to be treated as having come into force on 21st November 2005. Paragraph 5, so far as relating to the definition of “immigration officer”, is to be treated as having come into force on 21st November 2005. “the relevant persons”, in relation to an aerodrome, means—
Section 13
The Civil Aviation Act 1982 has effect subject to the following amendments.
In section 88(10) (detention and sale of aircraft for unpaid airport charges), in the definition of “airport charges”, after “Transport Act 2000” insert “ or penalties payable by virtue of section 38C or 78A of this Act ”.
In section 107(1) (provisions of Act not extending to Northern Ireland) after “37,” insert “ 38A to 38C, ”.
Part 2 of Schedule 13 (provisions applying in relation to certain subordinate instruments) is amended as follows. In the entry relating to section 38, for “38(2)” substitute “ 38(4) ”. Section 38B(2)(a) Order specifying area in relation to aerodrome for purpose of noise control schemes Subject to the negative resolution procedure Paragraphs 1 and 2 of Part 3 apply. Section 71A Regulations requiring persons to make contributions to the Air Travel Trust Subject to the negative resolution procedure Paragraphs 1 and 2 of Part 3 apply.
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