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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 strengthening environmental considerations in airport licensing, clarifying the Civil Aviation Authority's (CAA) responsibilities regarding competition, and improving the efficiency and transparency of the CAA's operations.

Description

The amendments introduce several key changes:

Environmental Considerations:

Airport licenses will now explicitly require licensees to take reasonable measures to mitigate the adverse environmental effects of airports, associated facilities, and aircraft. These effects include noise, pollution, visual disturbances, and impacts from construction or services.

Competition and the CAA:

The bill clarifies the CAA's obligations when considering competition issues, particularly in relation to the application of EU competition law (Articles 101 and 102 of the Treaty on the Functioning of the European Union – TFEU). The CAA must consider relevant European Commission guidance and UK competition law advice when making decisions.

CAA Efficiency and Transparency:

The CAA's annual report will now include a statement on its efficiency, subject to the Secretary of State's direction and independent audit.

Appeals and Market Power Determinations:

Amendments refine the grounds for appeal against CAA decisions (including market power determinations) to the Competition Appeal Tribunal, specifying that appeals can be allowed only if the original decision was wrong due to errors of fact, law, or discretion. The Tribunal's decisions must consider relevant CAA duties, EU and UK competition law guidance. The bill also clarifies the effects of suspending or setting aside market power determinations.

Other Amendments:

Various other amendments make minor adjustments to definitions, procedures, and the scope of the original bill. For instance, it clarifies the definition of "servicing of aircraft" to include fuel supply, repair, and maintenance.

Government Spending

The bill's impact on government spending is not directly specified within the provided text. The amendments mainly concern procedural and regulatory changes rather than direct budgetary allocations.

Groups Affected

  • Airport operators: These will face stricter environmental responsibilities and potentially altered licensing conditions.
  • Airlines: Changes related to competition law may impact their operations and pricing strategies.
  • Communities near airports: These may benefit from the strengthened environmental provisions.
  • The Civil Aviation Authority (CAA): The CAA will have additional responsibilities regarding environmental monitoring, competition assessment, and reporting on its efficiency.
  • Competition Appeal Tribunal: This tribunal will handle more appeals related to the CAA's decisions.
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