Transport Bill — Air quality — 9 May 2000

Clause added to the Bill.

(a) the duty imposed on it by section 2 precludes it from doing so, or

(b) the most appropriate way of proceeding is under the Competition Act 1998.

(2) If the CAA is satisfied that any of the conditions in subsection (3) applies it must not make a final order or make or confirm a provisional order unless it believes that it is appropriate to do so.

(3) The conditions are that--

(a) the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the duty or condition concerned;

(b) the contraventions or apprehended contraventions are trivial;

(c) the contraventions or apprehended contraventions will not adversely affect the interests of the persons referred to in subsection (4);

(d) the Secretary of State has made an application under section 28 for an air traffic administration order in relation to the licence holder.

(4) The persons are operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them.

(5) These interests are the only ones to be considered under subsection (3)(c)--

(a) interests regarding safety;

(b) interests regarding the range, availability, continuity, cost and quality of air traffic services.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(a) to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;

(b) to limit or mitigate the effects of such noise, vibration, pollution or disturbance.

(2) Directions under this section may be given to--

(a) a licence holder or licence holders generally;

(b) a person who is authorised by an exemption to provide air traffic services (an authorised person) or authorised persons generally.

(3) A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.

(4) A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.

(5) In so far as a direction under this section conflicts with the requirements of section 38 or 81 or of an order under section ( Orders for possession of aerodromes, etc. ), the direction is to be disregarded.

(6) In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 81 or an order under section ( Orders for possession of aerodromes, etc. ), the requirements are to be disregarded.

(7) Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult--

(a) that licence holder or authorised person;

(b) the CAA.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) 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;

(f) to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of the CAA's 1973 Act functions.

(3) These interests are the only ones to be considered under subsection (2)(a)--

(a) interests regarding safety;

(b) 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 exercise its 1973 Act functions in the manner it thinks is reasonable having regard to the provisions of subsections (2) to (4) as a whole.

(6) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the performance by the CAA of its 1973 Act functions.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(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 ( CAA's 1973 Act functions ), the CAA must have regard in exercising its 1973 Act functions (within the meaning of that section).'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(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 concerned are not appropriate to remedy or prevent the adverse effects specified in the Commission's report on the reference under section 11.

(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 13,

(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 13.

(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 13, 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 13.

(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 13.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) If the direction is given under section ( Commission's power to give direction )(2)(a) the Commission may itself make such modifications of the conditions of the licence as it thinks are needed to remedy or prevent the adverse effects specified in the Commission's report on the reference under section 11.

(3) If the direction is given under section ( Commission's power to give direction) (2)(b) the Commission may itself make such modifications of the conditions of the licence as it thinks are needed to remedy or prevent such of the adverse effects as--

(a) are specified in the Commission's report on the reference under section 11, and

(b) would not be remedied or prevented by the modifications set out in the notice under section 13 and not specified under section ( Commission's power to give direction )(2)(b).

(4) Before making modifications under this section the Commission 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 making of the modifications,

(b) serve a copy of the notice on the licence holder and a copy on the CAA, and

(c) consider any representations made in accordance with the notice (and not withdrawn).

(5) The notice must--

(a) state that the Commission 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.

(6) As soon as practicable after making modifications under this section the Commission must send a copy of them to the licence holder, a copy to the Secretary of State and a copy to the CAA.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) The provision may include--

(a) provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;

(b) provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;

(c) provision requiring the CAA in specified circumstances to refer specified matters to the Secretary of State.

(3) If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c), he may give such directions to the CAA as he thinks fit.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or

(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2) A requirement may be made under subsection (1)(b) only if the person is carrying on a business.

(3) No person may be required under this section--

(a) to produce documents which he could not be compelled to produce in civil proceedings in the court;

(b) to supply information which he could not be compelled to supply in such proceedings.

(4) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under subsection (1) the court may on the CAA's application make such order as the court thinks fit for requiring the default to be made good.

(7) An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne--

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(8) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

(9) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(10) A reference to the court is to--

(a) the High Court in relation to England and Wales or Northern Ireland;

(b) the Court of Session in relation to Scotland.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(a) to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;

(b) to satisfy the requirements of operators and owners of all classes of aircraft;

(c) to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;

(d) 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;

(e) to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;

(f) to take account of the interests of national security;

(g) 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);

(h) to impose on providers of air traffic services the minimum restrictions which are consistent with the requirements of the above paragraphs.

(2) If in a particular case there is a conflict in the application of the provisions of subsection (1), in relation to that case the CAA must exercise its air navigation functions in the manner it thinks is reasonable having regard to the provisions of subsection (1) as a whole.

(3) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the performance by the CAA of its air navigation functions.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) The CAA's air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 64(1).

(3) These are managed areas--

(a) the United Kingdom;

(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

Amendments made: No. 12, in page 1, line 24, after "the" insert "range,".

No. 13, in page 1, line 25, at end insert--

'(2A) The reference in subsection (1)(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.'.

No. 14, in page 1, line 27, leave out "and (2)" and insert "to (2A)".

No. 15, in page 2, line 1, leave out "and (2)" and insert "to (2A)".-- [Mr. Robert Ainsworth.]

Amendments made: No. 16, in page 2, line 25, after "the" insert "range,".

No. 17, in page 2, line 26, at end insert--

'(2A) The reference in subsection (1)(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.'.

No. 18, in page 2, line 28, leave out "and (2)" and insert "to (2A)".

No. 19, in page 2, line 30, leave out "and (2)" and insert "to (2A)".-- [Mr. Robert Ainsworth.]

Amendment made: No. 374, in page 3, line 5, at end insert--

'( ) Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 64(1).'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 73, in page 4, line 29, after "granting" insert "or refusing".

No. 74, in page 4, line 32, leave out ", and" and insert "or refusal,

(aa) serve a copy of the notice on the applicant, and'.

No. 75, in page 4, line 36, leave out--

'that the licence authority proposes to grant the licence and'

and insert--

'either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case)'.

No. 76, in page 4, line 40, leave out "licence" and insert "grant or refusal".

No. 77, in page 5, line 2, leave out--

'to applications and grants relating'

and insert "in relation".-- [Mr. Robert Ainsworth.]

Amendment made: No. 373, in page 6, line 5, at end insert--

'(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 Civil Aviation Act 1982.'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 30, in page 6, line 13, leave out "15 or".-- [Mr. Robert Ainsworth.]

Amendments made: No. 29, in page 6, line 41, leave out--

'under the authority of a licence'

and insert--

'by or on behalf of a licence holder'.

No. 20, in page 7, line 45, after "under" insert--

'Parts IV, V, VI and VIII of'.

No. 21, in page 8, line 5, leave out "and 85" and insert ", 85 and 93B".

No. 22, in page 8, line 5, leave out second "and".

No. 23, in page 8, line 6, at end insert--

'; and false or misleading information);'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 336, in page 9, line 11, leave out "make" and insert "suggest".

No. 337, in page 9, line 14, leave out "making" and insert "suggesting".

No. 338, in page 9, line 23, leave out "make" and insert "suggest".

No. 339, in page 9, line 27, leave out "proposed modifications" and insert "proposals".

No. 340, in page 9, line 28, leave out subsection (5) and insert--

'(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).'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 24, in page 9, line 39, leave out--

'whose provision is authorised by a licence'.

No. 25, in page 9, line 44, leave out--

'under the authority of a licence'.

No. 26, in page 10, leave out line 4.-- [Mr. Robert Ainsworth.]

Amendment made: No. 31, in page 10, line 16, leave out Clause 15.-- [Mr. Robert Ainsworth.]

Amendment made: No. 32, in page 11, line 24, leave out Clause 16.-- [Mr. Robert Ainsworth.]

Amendment made: No. 33, in page 12, line 41, leave out Clause 17.-- [Mr. Robert Ainsworth.]

Amendment made: No. 34, in page 13, line 18, leave out Clause 18.-- [Mr. Robert Ainsworth.]

Amendment made: No. 35, in page 13, line 34, leave out Clause 19.-- [Mr. Robert Ainsworth.]

Amendment made: No. 36, in page 14, line 37, leave out Clause 20.-- [Mr. Robert Ainsworth.]

No. 43, in page 15, line 14, after second "a" insert "section 8 duty or".

No. 44, in page 15, line 16, leave out "negligence" and insert--

'an act or omission which takes place in the course of the provision of air traffic services'.

No. 45, in page 15, line 37, after "a" insert--

'section 8 duty or a'.

No. 46, in page 15, line 39, after "the" insert "duty or".

No. 47, in page 15, line 40, leave out from beginning to end of line 4 on page 16.

No. 48, in page 16, line 5, after "holder" insert "--

(a) a section 8 duty is a duty imposed on the holder by section 8;

(b)''.

No. 49, in page 16, line 7, leave out "22" and insert--

'( Exceptions )'.

No. 50, in page 16, line 7, after second "to" insert--

'a section 8 duty or to'.

No. 51, in page 16, line 8, at end insert--

'(13) This section has effect subject to section ( Exceptions )'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 52, in page 16, line 21, after first "the" insert "section 8 duty or".

No. 53, in page 16, line 23, after "the" insert "duty or".

No. 54, in page 16, line 40, at end insert--

'(4A) But if the modifications are trivial the CAA must be treated as complying with subsection (4) if it serves on the licence holder a notice of the proposal to make or confirm the order with modifications.'.

No. 55, in page 16, line 43, after "holder" insert--

'and a copy on the Secretary of State'.

No. 56, in page 17, line 20, leave out "21(10)" and insert--

'( Exceptions ) (1)'.

No. 57, in page 17, line 21, after "serve" insert "a".

No. 58, in page 17, line 24, at end insert--

'(10) If the CAA is satisfied as mentioned in section ( Exceptions )(2) and it does not believe it is appropriate to make a final order or make or confirm a provisional order, it must--

(a) serve a notice to that effect on the licence holder, and

(b) publish the notice in such manner as it thinks appropriate for bringing the matters to which the notice relates to the attention of persons likely to be affected by them.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 59, in page 17, line 29, leave out "section 21" and insert--

'sections 21 and ( Exceptions )'.

No. 60, in page 17, line 39, leave out "section 21" and insert--

'sections 21 and ( Exceptions )'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 61, in page 18, line 18, at end insert--

'section 8 duty or a'.

No. 62, in page 18, line 21, leave out "section 21" and insert--

'sections 21 and ( Exceptions )'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 1, in page 20, line 1, at end insert--

'or appoint a provisional liquidator.'.

No. 2, in page 20, line 4, at end insert--

'(4A) The Secretary of State and the CAA may propose a person to manage the company's affairs, business and property while an air traffic administration order is in force; and if they do the court must appoint that person.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 63, in page 20, line 11, leave out "five" and insert "four".

No. 64, in page 20, line 25, leave out "16(9)" and insert " 22(9) or (10)".

No. 65, in page 20, line 32, at end insert "or a licence condition".

No. 66, in page 20, line 33, leave out "17" and insert "23".

No. 67, in page 20, line 37, leave out from beginning to end of line 43.

No. 68, in page 21, line 1, after "duty" insert--

'or to a licence condition'.

No. 69, in page 21, line 2, leave out "15" and insert "21".

No. 70, in page 21, line 3, leave out from beginning to end of line 4.-- [Mr. Robert Ainsworth.]

Amendment made: No. 368, in page 21, line 40, at end insert--

'(ba) in subsection (1)(c) after "its property" there were inserted ", and no right of re-entry or forfeiture may be enforced against the company in respect of any land,";'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 71, in page 23, line 30, leave out from beginning to end of line 32.

No. 72, in page 23, line 35, at end insert "or (10)".-- [Mr. Robert Ainsworth.]

Amendments made: No. 125, in page 24, line 34, after "81" insert--

'or of an order under section ( Orders for possession of aerodromes, etc. )'.

No. 126, in page 24, line 36, after "81" insert--

'or an order under section ( Orders for possession of aerodromes, etc. )'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 78, in page 25, line 30, at end insert--

'(h) modification.'.

No. 79, in page 25, line 44, at end insert--

'(7) "Modification" includes addition, alteration and omission, and cognate expressions are to be construed accordingly.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 89, in page 26, line 5, leave out from "which" to end of line 8 and insert--

'contains provisions falling within one or more of subsections (2) to (3E).'.

No. 90, in page 26, line 22, at end insert--

'(ba) a company which is wholly owned by the Crown;

(bb) a company which is wholly owned by the CAA;'.

No. 91, in page 26, line 23, leave out from "of" to end of line 24 and insert--

'a company falling within paragraph (ba) or (bb).'.

No. 92, in page 26, line 24, at end insert--

'(3A) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the CAA, or of all or part of the transferor's undertaking, to any of the following--

(a) the CAA;

(b) a company which is wholly owned by the Crown;

(c) a company which is wholly owned by the CAA;

(d) a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).

(3B) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown but which was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor's undertaking, to any of the following--

(a) a company which is wholly owned by the Crown;

(b) a company which is a wholly owned subsidiary of the transferor.

(3C) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown, or of all or part of the transferor's undertaking, to the CAA.

(3D) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) in circumstances where the transferor is a wholly owned subsidiary of a company (the holding company) wholly owned by

the Crown and the holding company was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor's undertaking, to any of the following--

(a) a company which is wholly owned by the Crown;

(b) a company which is a wholly owned subsidiary of a company falling within paragraph (a).

(3E) Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the Crown, or of all or part of the transferor's undertaking, to the CAA.'.

No. 93, in page 26, line 29, after "a" insert "transfer".-- [Mr. Robert Ainsworth.]

Ordered,

That clause No. 40, as amended, be divided into two Clauses, the first consisting of subsections (1) to (4) [ Meaning of transfer scheme ] and the second of subsections (5) to (9) [ Transfer schemes: supplementary ].-- [Mr. Robert Ainsworth.]

Amendment made: No. 10, in page 28, line 3, at end insert--

'(8) In this section "modify" includes add to, omit from and otherwise alter.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 94, in page 29, line 25, leave out from "scheme" to end of line 34 and insert "--

(a) from the CAA to a company,

(b) from a company to the CAA, or

(c) from a company to a company.'.

No. 96, in page 30, line 7, at end insert--

'(5A) If no value or amount appeared as mentioned in subsection (4) in the case of an asset or liability, the value or amount which may be stated by virtue of subsection (3) is the value or amount which the maker of the transfer scheme considers appropriate.'.

No. 97, in page 30, line 8, leave out--

'from time to time in any reserves'

and insert "in the opening accounts".

No. 98, in page 30, line 14, leave out "from time to time".

No. 99, in page 30, line 15, leave out "and any subsequent accounts".-- [Mr. Robert Ainsworth.]

Amendment made: No. 95, in page 30, line 35, leave out--

'wholly owned by the CAA'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 86, in page 31, line 4, after "is" insert--

'a company falling within subsection (2B).

(2) The Secretary of State may give a direction under this section to the transferee if when the direction is given it is a company falling within subsection (2B).

(2A) A direction under this section is one requiring the transferee--

(a) to issue to the appropriate person such securities of the transferee as are specified in the direction,

(b) to do so at a time or times (specified in the direction) when it is a company falling within subsection (2B), and

(c) to do so on such terms as are specified in the direction.

(2B) A company falls within this subsection if it is'.

No. 81, in page 31, line 9, leave out subsection (2).

No. 82, in page 31, line 21, leave out subsection (4).-- [Mr. Robert Ainsworth.]

Amendments made: No. 27, in page 31, line 39, leave out from "may" to end of line 41 and insert "--

(a) acquire securities of the transferee by subscription or purchase;

(b) acquire options to acquire or dispose of securities of the transferee.'.

No. 28, in page 31, line 42, leave out "rights" and insert "options".-- [Mr. Robert Ainsworth.]

Amendments made: No. 454, in page 32, line 9, at end insert--

'(2A) The Secretary of State must ensure that the Crown does not dispose of any of the shares it holds in the designated company unless he is satisfied that a scheme is in place to ensure the completion of any project which--

(a) concerns the development of major facilities connected with air traffic services, and

(b) was commissioned before the coming into force of this section by the CAA or a company wholly owned by the CAA.'.

No. 455, in page 32, line 33, after "subsection", insert "(2A),".

No. 456, in page 32, line 35, after "subsection", insert "(2A),".-- [Mr. Robert Ainsworth.]

Amendment made: No. 100, in page 33, line 40, leave out subsection (4) and insert--

'(4) In the case of a financial obligation incurred before the giving of a guarantee, it is immaterial when the obligation was incurred.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 101, in page 35, line 30, leave out from "company" to "and" in line 31 and insert "falling within subsection (1A),".

No. 102, in page 35, line 33, at end insert--

'(1A) A company falls within this subsection if it is--

(a) a company which is wholly owned by the Crown,

(b) a company which is wholly owned by the CAA, or

(c) a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).'.

No. 103, in page 35, line 35, after "be" insert--

', or becomes and continues to be,'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 83, in page 38, line 7, leave out "or allotted".-- [Mr. Robert Ainsworth.]

Amendments made: No. 84, in page 38, line 16, after "section" insert "47 or".

No. 85, in page 38, line 24, after "section" insert "47 or".-- [Mr. Robert Ainsworth.]

Amendments made: No. 375, in page 41, leave out line 43 and insert "a managed area.".

No. 376, in page 42, line 1, leave out subsection (2).

No. 377, in page 42, line 3, at end insert--

'(2A) No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA's air navigation functions.'.

No. 378, in page 42, line 32, leave out subsection (8).-- [Mr. Robert Ainsworth.]

Amendments made: No. 379, in page 42, line 35, after "(6)" insert--

'or section ( Directions: further provision )(3)'.

No. 127, in page 42, line 36, after "81" insert--

'or of an order under section ( Orders for possession of aerodromes, etc. )'.

No. 380, in page 42, line 37, after "(6)" insert--

'or section ( Directions: further provision )(3)'.

No. 128, in page 42, line 38, after "81" insert--

'or an order under section ( Orders for possession of aerodromes, etc. )'.

No. 381, in page 43, line 1, after "64(6)" insert--

'or section ( Directions: further provision )(3)'.-- [Mr. Robert Ainsworth.]

No. 343, in page 43, line 16, after "persons" insert "(or descriptions of persons)".

No. 344, in page 43, line 18, leave out "When it makes" and insert "On or after making".

No. 345, in page 43, line 18, leave out "also".

No. 346, in page 43, line 29, after "amounts" insert--

', or calculated in accordance with the specified methods,'.

No. 347, in page 43, line 42, at end insert--

'(10) The CAA must exercise its powers under this section in the manner it thinks best calculated to take account of international agreements to which the United Kingdom is a party.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 348, in page 44, line 1, leave out "(or specifications and stipulations)" and insert "or stipulations".

No. 349, in page 44, line 10, leave out from beginning to "does" in line 11 and insert "An amendment or revocation".-- [Mr. Robert Ainsworth.]

Amendments made: No. 350, in page 44, line 20, after "amounts" insert "or methods".

No. 351, in page 44, line 21, after "amounts" insert "or methods".

No. 352, in page 44, line 23, after "amounts" insert "or methods".

No. 353, in page 44, line 25, after "amounts" insert "or methods".

No. 354, in page 44, line 35, at end insert--

'( ) Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.

( ) A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.

( ) A description of operators and owners may be so general as to refer to all operators and owners.'.

No. 355, in page 44, line 36, leave out from beginning to second "are" in line 37 and insert--

'Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 356, in page 45, line 16, after "are" insert "air traffic services which--

(a) fall within subsection (1A), and

(b) are not excepted air traffic services (as defined in subsection (1B)).

(1A) These air traffic services fall within this subsection-'.

No. 357, in page 45, line 27, at end insert--

'(1B) These are excepted air traffic 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.

(1C) A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (1B)(b).'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 358, in page 45, line 38, leave out "officers" and insert "persons".

No. 359, in page 45, line 41, leave out "officers" and insert "persons".

No. 360, in page 46, line 1, leave out "officers" and insert "persons".

No. 361, in page 46, line 14, leave out subsection (6).

No. 362, in page 46, line 27, at end insert--

'( ) 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.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 363, in page 47, line 21, leave out--

'of which he is the operator when detention begins'

and insert "falling within subsection (1A)".

No. 364, in page 47, line 29, at end insert--

'(1A) 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.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 365, in page 48, line 4, leave out--

'For the purposes of this Chapter'

and insert--

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

(2)'.

No. 366, in page 48, line 5, at end insert--

'(3) 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).'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 287, in page 48, line 11, at end insert--

'(1A) For the purposes of this Chapter these expressions have the meanings given by section 39--

(a) aerodrome;

(b) licence;

(c) licence holder.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 134, in page 51, line 2, leave out "business" and insert "undertaking".

No. 129, in page 51, leave out lines 27 and 28 and insert--

'(5) In so far as a direction under this section conflicts with the requirements of an order under section ( Orders for possession of aerodromes, etc. ), the direction is to be disregarded.

(5A) 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 ( Orders for possession of aerodromes, etc. ), or

(b) with any duty which arises otherwise than under an enactment or instrument,

the requirements are or the duty is to be disregarded.'.

No. 135, in page 51, leave out lines 36 to 41.-- [Mr. Robert Ainsworth.]

Amendments made: No. 136, in page 52, line 11, leave out "section 81" and insert--

'sections 81 and ( Orders for possession of aerodromes, etc. )'.

No. 137, in page 52, line 16, leave out "business" and insert "undertaking".

No. 138, in page 52, line 26, leave out "business is a business" and insert "undertaking is an undertaking".-- [Mr. Robert Ainsworth.]

No. 141, in page 54, line 40, leave out from beginning to "unless" in line 41 and insert--

'No order is to be made under section 49'.

No. 367, in page 55, line 10, leave out "70" and insert "70(2)".

No. 104, in page 55, line 11, at end insert--

'(10) If apart from this subsection a draft of an order under section 49 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 142, in page 55, leave out lines 27 to 37.

No. 11, in page 55, line 41, at end insert--

'(6) In this section "modifications" includes additions, omissions and other alterations.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 369, in page 140, line 22, leave out "and".

No. 370, in page 140, line 24, at end insert--

', and

(c) subsection (3)(d) has effect as if after "its property" there were inserted ", and no right of re-entry or forfeiture may be enforced against the company in respect of any land,".'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 3, in page 144, line 38, leave out "or" and insert "after consulting".

No. 4, in page 144, line 40, leave out--

'or the CAA for approval the Secretary of State or the CAA'

and insert "for approval he".

No. 5, in page 145, line 30, leave out "and the CAA".

No. 6, in page 145, line 33, leave out--

'or, as the case may be, the CAA'.

No. 7, in page 145, line 34, leave out "and the CAA".

No. 8, in page 148, line 21, leave out "or the CAA".

No. 9, in page 148, line 22, leave out "or the CAA".-- [Mr. Robert Ainsworth.]

Amendments made: No. 371, in page 150, line 6, leave out "and".

No. 372, in page 150, line 8, at end insert--

', and

(c) paragraph (3)(d) has effect as if after "its property" there were inserted ", and no right of re-entry or forfeiture may be enforced against the company in respect of any land,".'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 105, in page 162, line 12, at end insert--

'; and each appropriate part must be taken to have been transferred to a transferee or retained by the transferor.'.

No. 124, in page 163, line 45, at end insert--

'(5) Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is--

(a) a company which is wholly owned by the Crown;

(b) a company which is wholly owned by the CAA;

(c) a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).

(6) Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).'.

No. 106, in page 168, line 1, leave out from "scheme" to end of line 4 and insert--

'any provision of an agreement to which the transferor was not a party, any statutory provision or any provisions of a document (other than an agreement) related to the property, rights or liabilities transferred to the transferee.'.

No. 107, in page 168, line 39, at end insert--

'(2A) From the coming into force of the scheme any person (other than the transferee) is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to the transferee under the scheme as he would have had if the right or liability had at all times been a right or liability of the transferee.'.

No. 108, in page 168, line 40, leave out "the transferee" and insert--

'which the transferee or any other person'.

No. 109, in page 169, line 10, leave out "by or against" and insert "against or by".

No. 110, in page 169, line 11, leave out "by or against" and insert "against or by".

No. 111, in page 171, line 11, after "person" insert "falling within sub-paragraph (3)".

No. 112, in page 171, line 13, leave out "a person or" and insert "another person or other".

No. 113, in page 171, line 24, at end insert--

'25.--(1) Paragraphs 12 to 18 and 20 to 24 have effect as if references to a transfer scheme or schemes included references to--

(a) an agreement or agreements under paragraph 9 or 11;

(b) an agreement or agreements treated as made under paragraph 10.

(2) Where paragraph 14 has effect by virtue of sub-paragraph (1), the reference in paragraph 14(2)(b) to an agreement under paragraph 11 has effect as if it were a reference to a subsequent agreement under paragraph 11.

(3) Paragraph 19 has effect in relation to an agreement under paragraph 11 as it has effect in relation to an agreement made under paragraph 5 or 9.

(4) Where paragraphs 12 to 24 have effect in relation to--

(a) an agreement under paragraph 9 or 11, or

(b) an agreement treated as made under paragraph 10,

references to a transferor or a transferee have effect as references to a transferor or a transferee under the agreement.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 114, in page 173, line 20, at end insert--

'(1A) This paragraph is not to prejudice paragraph 2.'.

No. 115, in page 173, line 42, leave out "and".

No. 116, in page 173, line 44, leave out--

'and at the time of acquisition'

and insert ", and

(c) the companies were associated companies at the time of acquisition.'.

No. 117, in page 174, line 18, leave out "and".

No. 118, in page 174, line 20, leave out--

'and at the time of acquisition'

and insert ", and

(c) the companies were associated companies at the time of acquisition.'.

No. 119, in page 174, line 49, leave out "and".

No. 120, in page 175, line 2, leave out--

'and at the time of acquisition'

and insert ", and

(c) the companies were associated companies at the time of acquisition.'.

No. 121, in page 178, line 22, at end insert--

' Agreements

20.--(1) Sub-paragraph (2) applies if the effect of--

(a) an agreement made under paragraph 9 or 11 of Schedule 6, or

(b) an agreement treated as made under paragraph 10 of Schedule 6,

is to modify the effect of a transfer scheme.

(2) This Schedule, the 1988 Act, the 1990 Act and the 1992 Act are to have effect as if--

(a) the scheme had been made as modified, and

(b) anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

(3) Sub-paragraph (4) applies to a disposal of an asset if the disposal--

(a) is effected in pursuance of an agreement made or treated as made under paragraph 9 or 10 of Schedule 6, and

(b) is the grant of a lease of land or the creation of other rights and liabilities over land.

(4) For the purposes of the 1992 Act the disposal is to be taken (in relation to the person to whom it is made as well as the person making it) to be for a consideration such that no gain or loss accrues to the person making it.

(5) Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if sub-paragraph (4) applies to the disposal in question.

(6) References in this paragraph to an agreement include references to the agreement as varied in accordance with a direction under paragraph 19(4) of Schedule 6.

(7) For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification--

(a) became (under the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

(b) remained (despite the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

as the case may be.

(8) For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 130, in page 181, line 17, after "2000" insert--

'or of an order under section ( Orders for possession of aerodromes, etc. ) of that Act'.

No. 131, in page 181, line 21, after "2000" insert--

'or an order under section ( Orders for possession of aerodromes, etc. ) of that Act'.

No. 132, in page 181, line 30, after "2000" insert--

'or of an order under section ( Orders for possession of aerodromes, etc. )'.

No. 133, in page 181, line 32, after "2000" insert--

'or an order under section ( Orders for possession of aerodromes, etc. ) of that Act'.-- [Mr. Robert Ainsworth.]

I beg to move, That the clause be read a Second time.

After the excitement of discussing the future of National Air Traffic Services and then the future of national security, we come to the important issue of air quality. All hon. Members will be aware of the concern in many quarters about the quality of our air. Some estimates, not least from the British Medical Association, tell us that as many as 24,000 people die unnecessarily each year because of air pollution caused predominantly by the exhaust fumes from vehicles on our roads.

Air quality and its improvement are of considerable importance in the effort not only to reduce the number of lives lost but to improve the quality of life for those millions of people who suffer from asthma, which is again associated very directly with fumes from vehicle exhausts.

In Committee, we were delighted that some positive announcements were made by the Government, not least by the Under-Secretary of State for the Environment, Transport and the Regions, the hon. Member for Streatham (Mr. Hill)--or "St. Reatham", as we came to know him. However, I was disappointed that he did not accept some of our amendments in respect of low emission zones or vehicle emission testing.

New clause 6 is another attempt to persuade the Government to move a little further. It would give local authorities a more direct way of getting the compliance of

9 May 2000 : Column 775

the Highways Agency in measures to reduce air pollution. It would allow a local authority to apply to the Secretary of State to direct the Highways Agency to take any measures that the local authority considered to be effective in reducing air pollution from roads in its area that were administered by the Highways Agency.

In Committee, the Minister was quite positive about the broad principle of improving air quality, but there are a number of matters on which we seek further commitments. I have three questions of which I have given the Minister some advance notice, so I hope that he will respond positively.

The first relates specifically to the work that local authorities have to do in developing their local transport plans. Hon. Members will be aware that the plans have to be completed by the end of June. However, when local authorities draw up their plans they do not know whether the Government will require them to declare air quality management areas. As the Minister knows only too well, the deadline for those is not until October. If the Government subsequently require local authorities to introduce air quality management areas that might include a low emissions zone or roadside emission testing procedures, can the Minister confirm that the enforcement activities that will be required will be considered to be consistent with the aims of the local transport plan that will have to have been produced within the next few days?

Secondly, the Minister agreed that there would be some merit in extending the powers of traffic wardens so that they would have the ability to stop vehicles and require them to have their emissions tested. The Minister thought that that was a good idea in principle, but said that he did not want to agree to it without further consultation, particularly with the Motorists Forum. The Minister will be aware that that consultation has now been completed and that the forum has sent him a detailed report, so I hope that he can tell us when he expects to make a decision on whether to extend the powers of traffic wardens. In that regard, how will local authorities be expected to pay for emissions testing?

In Committee, the Minister helpfully agreed to extend the possible uses of moneys raised by congestion charging or workplace parking charging to offset some of the costs of emissions testing. However, some local authorities may choose not to use the powers in the Bill to introduce such charging. What assistance will the Government give to local authorities that wish to introduce more stringent emissions testing, but not the additional powers?

ion put, That the clause be read a Second time:--

The House divided: Ayes 47, Noes 342.

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