Transport Act 2000 (c. 38)

(The document as of February, 2008)

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77 Chargeable air services

(1) For the purposes of this Chapter chargeable air services are services which--

(a) fall within subsection (2), and

(b) are not excepted air services (as defined in subsection (3)).

(2) These services fall within this subsection--

(a) air traffic services provided in respect of the United Kingdom;

(b) air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;

(c) air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;

(d) services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;

(e) air traffic services which do not fall within paragraph (d) and for which Eurocontrol is to collect charges under the Eurocontrol agreement.

(3) These are excepted air services--

(a) air traffic services provided by the owner or manager of an aerodrome or by his employee;

(b) air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.

(4) A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).

(5) The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.

78 Amounts for recovery etc

(1) This section applies if--

(a) an amount of a charge is specified under section 73(1) in respect of a service falling within section 77(2)(d) or (e), and

(b) under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.

(2) In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.

(3) References to an amount include references to a method of calculating an amount.

79 Further duties of the CAA

(1) The CAA--

(a) must exercise its powers under section 73 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and

(b) in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.

(2) The CAA must exercise its powers under section 73 in relation to services falling within section 77(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.

80 Secretary of State's duties

(1) If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 77(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.

(2) If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 77(2)(e), he must (so far as practicable) ensure that the information is given to Eurocontrol.

(3) But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.

(4) If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.

(5) If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.

(6) The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.

Miscellaneous

81 Records

(1) The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 73.

(2) The regulations may require operators or owners of aircraft or managers of aerodromes--

(a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified;

(b) to preserve the records for a specified period;

(d) to provide specified particulars of relevant records to specified persons.

(3) Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.

(4) The persons who may be specified under subsection (2)(c) or (d) are--

(a) in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol;

(b) in the case of other charges, officers of the CAA or of the organisation, government or other person to whom the charges are payable.

(5) The requirements may be imposed on the operator or owner of an aircraft whether or not--

(a) it is registered in the United Kingdom;

(b) it is in the United Kingdom when the services concerned are provided;

(6) A record includes (in addition to a record in writing)--

(a) a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(b) a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(7) An Air Navigation Order is an Order in Council under section 60 of the [1982 c. 16.] Civil Aviation Act 1982.

(8) In subsection (4)--

(a) a reference to officers of the CAA includes a reference to persons authorised to act as such officers;

(b) a reference to officers of Eurocontrol includes a reference to persons authorised to act as such officers.

82 Offences

(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement of regulations made under section 81.

(2) A person commits an offence if he is in possession of information provided to him or obtained by him under regulations made under section 81 and he discloses the information otherwise than--

(a) with the consent of the person by whom it was provided or from whom it was obtained,

(b) for the purposes of the regulations,

(d) for the purposes of any criminal proceedings (however arising),

(e) for the purposes of any proceedings brought by virtue of paragraph 3 of Schedule 4 to the [1982 c. 16.] Civil Aviation Act 1982 (claims against Eurocontrol),

(f) for the purposes of a public inquiry or investigation held or carried out under regulations made under section 75 of the [1982 c. 16.] Civil Aviation Act 1982, or

(g) for the purposes of a report of any proceedings, inquiry or investigation mentioned above.

(3) A person commits an offence if in providing particulars under a provision contained in regulations by virtue of section 81(2)(d)--

(a) he provides particulars which he knows are false in a material particular, or

(b) he recklessly provides particulars which are false in a material particular.

(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(6) A person who commits an offence under subsection (3) is liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

83 Detention and sale

(1) The Secretary of State may make regulations containing--

(a) provision which, in the case of default by an operator in paying a charge payable by virtue of section 73, authorises the detention (pending payment) of any aircraft falling within subsection (2);

(b) provision which, in the case of default by an operator in complying with a requirement imposed by regulations made under section 81 to produce records for inspection or provide particulars of records, authorises the detention (pending compliance) of any aircraft of which he is the operator when detention begins;

(c) provision which authorises the sale of any detained aircraft if the default is not remedied within a specified period.

(2) These aircraft fall within this subsection--

(a) the aircraft in respect of which the charge was incurred (whether or not the person who is the operator of the aircraft when detention begins is the defaulter);

(b) any aircraft of which the defaulter is the operator when detention begins.

(3) Regulations under subsection (1) may--

(a) provide that detention (or continued detention) is authorised only in specified circumstances or at specified places;

(b) provide that in specified circumstances detention is authorised only if a specified person consents;

(c) provide that sale is authorised only in specified circumstances (which may relate to the court's consent, to be given only in specified circumstances);

(d) specify the descriptions of person authorised to detain or sell aircraft;

(e) provide for the power of detention or sale to extend to other matters (such as the aircraft's equipment);

(f) provide for the application of the proceeds of sale;

(g) provide for them to be applied in a specified order;

(h) make provision corresponding to any provision made by or under section 88 of the [1982 c. 16.] Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges);

(i) generally make such provision as the Secretary of State thinks is necessary or expedient to secure detention or sale.

Interpretation

84 Interpretation

(1) This section applies for the purposes of this Chapter.

(2) Eurocontrol has the meaning given by section 24 of the [1982 c. 16.] Civil [1982 c. 16.] Aviation Act 1982.

(3) The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.

(4) An aerodrome is an aerodrome as defined in 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).

(5) "Licence holder" has the meaning given by section 40.

Chapter V Competition

85 Interpretation of Chapter V

(1) For the purposes of this Chapter--

(a) the 1973 Act is the [1973 c. 41.] Fair Trading Act 1973;

(b) the 1998 Act is the [1998 c. 41.] Competition Act 1998;

(2) For the purposes of this Chapter these expressions have the meanings given by section 40--

(a) aerodrome;

(b) licence;

(3) If an expression is used in this Chapter and also in the 1973 Act or the 1998 Act it has the same meaning in this Chapter as it has in the Act concerned.

86 Functions exercisable by CAA and Director

(1) The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and the Director.

(2) This subsection applies to the Director's functions under sections 44, 50, 52, 53, 56A to 56G, 86 and 88 of the 1973 Act so far as they relate to monopoly situations which exist or may exist in relation to the supply of air traffic services.

(3) This subsection applies to the Director's functions under the provisions of Part I of the 1998 Act (other than sections 38(1) to (6) and 51) so far as they relate to--

(a) agreements, decisions or concerted practices which are of the kind mentioned in section 2(1) of the 1998 Act and which relate to the supply of air traffic services, or

(b) conduct which is of the kind mentioned in section 18(1) of the 1998 Act and which relates to the supply of air traffic services.

(4) References to the Director in--

(a) Part IV and sections 86, 88, 93B(1)(a) and 133(4) of the 1973 Act, and

(b) Part I of the 1998 Act (except in sections 38(1) to (6), 51, 52(6) and (8) and 54),

must be read as including references to the CAA.

(5) But subsection (4) applies--

(a) only so far as it is consequential on subsections (1) to (3) above, and

(b) only if the context does not otherwise require.

(6) If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.

(7) No objection may be taken to anything done by or in relation to the CAA--

(a) under Part IV or section 86 or 88 of the 1973 Act, or

(b) under Part I of the 1998 Act (except under section 38(1) to (6) or 51),

on the ground that it should have been done by or in relation to the Director.

87 CAA's 1973 Act functions

(1) For the purposes of this section the CAA's 1973 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are functions of the CAA.

(2) The CAA must exercise its 1973 Act functions 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 (3) to (6).

(3) The CAA must exercise its 1973 Act functions 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 suppliers of air traffic services;

(c) to secure that suppliers of air traffic services who are 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.

(4) The only interests to be considered under subsection (3)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.

(5) The reference in subsection (3)(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.

(6) If in a particular case there is a conflict in the application of the provisions of subsections (3) to (5), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.

(7) The CAA must exercise its 1973 Act functions so as to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.

(8) 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 1973 Act functions.

88 CAA's 1998 Act functions

(1) For the purposes of this section the CAA's 1998 Act functions are the functions mentioned in subsection (3) of section 86 which, by virtue of that section, are functions of the CAA.

(2) In exercising its 1998 Act functions the CAA may (in particular) have regard to any matter which satisfies the following condition.

(3) The condition is that the matter is one to which, by virtue of section 87, the CAA must have regard in exercising its 1973 Act functions (within the meaning of that section).

89 Carrying out functions

(1) For the purposes of this section the 1973 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and the Director.

(2) Before the Director or the CAA first carries out the 1973 Act functions in relation to a matter he or it must consult the other.

(3) If the Director or the CAA has carried out the 1973 Act functions in relation to a matter the other must not carry out the 1973 Act functions in relation to the matter.

(4) If in carrying out the 1973 Act functions the CAA makes a reference to the Competition Commission, to help the Commission in its investigation on the reference the CAA must give to it--

(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.

(5) In carrying out the investigation concerned the Commission must take account of any information given under subsection (4).

Chapter VI Miscellaneous and general

Miscellaneous

90 Publication of information and advice

(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;

(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 [1982 c. 16.] 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 [1973 c. 41.] Fair Trading Act 1973.

91 Review and information

(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.

92 Secretary of State's directions to CAA

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.

93 Control in time of hostilities etc

(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;

(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 94, 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 94, 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

94 Orders for possession of aerodromes etc

(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

95 Sections 93 and 94: interpretation

(1) This section defines these expressions (here listed alphabetically) for the purposes of sections 93 and 94 and this section--

(a) aerodrome;

(b) airport, and its operator;

(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 [1982 c. 16.] 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--

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