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by Munro Research

Civil Aviation Act 2012


Official Summary

To make provision about the regulation of operators of dominant airports; to confer functions on the Civil Aviation Authority under competition legislation in relation to services provided at airports; to make provision about aviation security; to make provision about the regulation of provision of flight accommodation; to make further provision about the Civil Aviation Authority’s membership, administration and functions in relation to enforcement, regulatory burdens and the provision of information relating to aviation; and for connected purposes.

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Overview

This bill amends the Civil Aviation Bill, primarily focusing on environmental considerations, competition regulations, and procedural improvements for appeals to the Competition Appeal Tribunal (CAT).

Description

The amendments introduce several key changes:

Environmental Impact

Airport license holders must now take reasonable measures to reduce, control, or mitigate the adverse environmental effects of airports, associated facilities, and aircraft. This includes noise, pollution, visual disturbance, and the impacts of construction and services.

Competition Regulations

The bill clarifies the application of European Union (EU) competition laws (Articles 101 and 102 of the Treaty on the Functioning of the European Union – TFEU) within the UK's civil aviation sector. The Civil Aviation Authority (CAA) must consider relevant EU and UK competition advice when making decisions.

Appeals Process

Amendments streamline and clarify the appeals process to the CAT regarding market power determinations and other decisions made by the CAA. The grounds for appeal are standardized to errors of fact, law, or discretion. The CAT must consider the CAA's duties when making decisions on appeals.

CAA Efficiency

The CAA is now required to include an efficiency statement in its annual report, subject to direction and audit by the Secretary of State.

Other Amendments

Minor amendments clarify definitions, remove outdated references, and adjust procedural timelines for various actions within the Civil Aviation Act 1982.

Government Spending

The bill doesn't directly specify a cost to the UK government. However, the increased regulatory requirements for environmental protection and the added reporting requirements for the CAA might lead to increased operational costs for both the government and the CAA. Conversely, improved efficiency at the CAA could result in cost savings in the long run.

Groups Affected

  • Airport Operators: Increased responsibility for environmental management and potential impact on operational costs. Also affected by potential changes in market power determinations.
  • Airlines: Changes to fuel supply and maintenance regulations could affect costs. Changes to competition regulations might influence pricing and operations.
  • Civil Aviation Authority (CAA): Increased workload from new reporting and regulatory duties.
  • Environmental Groups: Potential for positive impact due to increased focus on environmental mitigation.
  • Competition Appeal Tribunal (CAT): Increased workload due to amendments to the appeals process.
  • Public: Potential benefits from reduced environmental impact of airports.
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