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Civil Aviation Act 2012

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Civil Aviation Act 2012. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

    1. Reforms to the framework for the economic regulation of airports

    2. Aviation security

    3. Reform to the legislative framework of the CAA

      1. CAA membership

      2. Civil sanctions

      3. CAA’s charging schemes

      4. Criminal proceedings

      5. Information, guidance and advice

      6. Disclosure of medical information

      7. Regulation of the provision of flight accommodation

    4. Structure of the Act

  3. Territorial Extent and Application

  4. Commentary

    1. Part 1 – Airports

      1. Chapter 1 – Regulation of Operators of Dominant Airports

        1. General duties

          1. Section 1: CAA’s general duty

          2. Section 2: Secretary of State’s general duty

        2. Prohibition

          1. Section 3: Prohibition

          2. Section 4: Prohibition: exemption

        3. Dominant airports

          1. Section 5: Dominant areas and dominant airports

          2. Section 6: Market power test

          3. Section 7: Market power determinations and Section 8: Publication of market power determinations

          4. Section 9: Operators of areas, Section 10: Operator determinations and Section 11: Publication of operator determinations

          5. Section 12: Advance determinations

          6. Section 13: Appeals against determinations

          7. Schedule 1: Appeals against determinations

        4. Licences

          1. Section 14: Application for licence

          2. Section 15: Granting licence

          3. Section 16: Refusing to grant licence

          4. Section 17: Content and effect of licence

        5. Licence conditions

          1. Section 18: Licence conditions

          2. Section 19: Price control conditions

          3. Section 20: Conditions relating to CAA charges

          4. Section 21: Content and effect of licence conditions

        6. Modifying licences

          1. Section 22: Modifying licence conditions and licence area

          2. Section 23: Restriction on power to modify

        7. Appeals against licence conditions etc

          1. Section 24: Appeal to Competition Commission: conditions of new licences

          2. Section 25: Appeal to Competition Commission: modification of licence conditions

          3. Section 26: When appeals may be allowed, Section 27: Determination of appeal, Section 28: Determination of appeal: time limits and Section 29: Determination of appeal: publication etc

          4. Section 30: Procedure on appeals

          5. Schedule 2: Appeals under sections 24 and 25

            1. Part 1: Permission to appeal

            2. Part 2: Intervention in appeal

            3. Part 3: Automatic suspension of condition of new licence or modification

            4. Part 4: Application for suspension of condition of new licence or modification

            5. Part 5: Appeals

            6. Part 6: General

        8. Enforcement of licence conditions

          1. Section 31: Contravention notice

          2. Section 32: Restrictions on giving contravention notices

          3. Section 33: Enforcement order

          4. Section 34: Enforcement order: modification and revocation

          5. Section 35: Urgent enforcement order

          6. Section 36: Urgent enforcement order: confirmation

          7. Section 37: Urgent enforcement order: modification and revocation

          8. Section 38: Civil proceedings

          9. Section 39: Penalty for contravention of licence condition

          10. Section 40: Penalty for contravention of order

          11. Section 41: Procedure before imposing penalty

          12. Section 42: Procedure after imposing penalty

          13. Section 43: Amount of penalty

          14. Section 44: Amount of penalty: fixed amount

          15. Section 45: Amount of penalty: daily amounts

          16. Section 46: Use of powers under Competition Act 1998

          17. Section 47: Appeals against orders and penalties and Schedule 3: Appeals against orders and penalties

        9. Revocation of licence

          1. Section 48: Revocation of licence

          2. Section 49: Appeals against revocation of licence and Schedule 4: Appeals against revocation of licence

        10. Obtaining information

          1. Section 50: Power to obtain information

          2. Section 51: Enforcement of information notice

          3. Section 52: Penalty for providing false information, destroying documents etc

          4. Section 53: Procedure before imposing penalty

          5. Section 54: Procedure after imposing penalty

          6. Section 55: Appeals against penalties and Schedule 5: Appeals against penalties: information

        11. Penalties

          1. Section 56: Imposing penalties

          2. Section 57: Recovering penalties

          3. Section 58: Statement of policy on penalties

        12. Disclosing information

          1. Section 59: Disclosing information and Schedule 6: Restrictions on disclosing information

      2. Chapter 2 – Competition

        1. Section 60: Functions under Part 4 of Enterprise Act 2002 and Section 61: Enterprise Act 2002: supplementary

        2. Section 62: Functions under Competition Act 1998 and Section 63: Competition Act 1998: supplementary

        3. Section 64: Review etc of airport operation services

        4. Section 65: Power to modify CAA’s competition powers

      3. Chapter 3 – General Provision

        1. Interpretation

          1. Section 66: Airports and Section 67: Airports: supplementary

          2. Section 68: Airport operation services

          3. Section 69: Air transport services

          4. Section 70: Joint operators of areas

          5. Section 71: Connected persons

        2. Other general provision

          1. Section 76: Minor, consequential and transitional provision

          2. Schedule 8: Status of airport operators as statutory undertakers etc

          3. Schedule 10: Regulation of operators of dominant airports: transitional provision

          4. Section 77: Crown application

    2. Part 2 – Other Aviation Matters

      1. Aviation security

        1. Section 78: Aviation security directions etc

        2. Schedule 11: Aviation security directions etc: minor and consequential amendments

        3. Section 79: Approved providers of aviation security services

        4. Section 80: Advice and assistance in connection with aviation security

        5. Section 81: Power to modify functions of CAA etc relating to aviation security

        6. Section 82: Transfer schemes

        7. Schedule 12: Aviation security: further provision about transfer schemes

      2. Provision of information about aviation

        1. Section 83: Information for benefit of users of air transport services

        2. Section 84: Environmental information

        3. Section 85: Power to obtain information

        4. Section 86: Enforcement of information notice

        5. Section 87: Penalty for providing false information, destroying documents etc

        6. Section 88: Procedure before imposing penalty

        7. Section 89: Procedure after imposing penalty

        8. Section 90: Appeals and Schedule 13: Appeals against penalties

        9. Section 91: Recovering penalties

        10. Section 92: Statement of policy

      3. Regulation of provision of flight accommodation

        1. Section 94: Regulation of provision of flight accommodation

      4. CAA Membership

        1. Section 95: CAA membership

        2. Section 96: Non-executive members of CAA

        3. Section 97: Executive members of CAA

        4. Section 98: CAA’s air navigation functions

        5. Section 99: Transitional and saving provision and Schedule 14: CAA membership: transitional and saving provision

      5. Further provision about CAA

        1. Section 100: CAA charges

        2. Section 101: Criminal proceedings

        3. Section 102: CAA efficiency

        4. Section 103: Civil sanctions

        5. Section 104: Regulatory burdens

        6. Section 105: Disclosure of medical information

      6. Miscellaneous

        1. Section 106: Dangerous flying

        2. Section 107: Offences under Civil Aviation Act 1982

    3. Part 3 – Final Provisions

      1. Section 108: Power to make consequential and transitional provision

      2. Section 110: Commencement

      3. Section 112: Channel Islands, Isle of Man and British overseas territories

  5. Commencement

  6. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

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