Transport Act 2000

Modification of licencesU.K.

11 Modification by agreement.U.K.

(1)The CAA may modify the conditions of a licence if its holder consents to the modifications.

(2)Before making modifications under this section the CAA must—

(a)publish a notice in such manner as the CAA thinks appropriate for bringing it 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,

(c)send a copy of the notice to the Secretary of State, and

(d)consider any representations made in accordance with the notice.

(3)The notice must—

(a)state that the CAA 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.

(4)If within the period stated under subsection (3)(b) the Secretary of State gives a direction to the CAA requiring it not to make the modifications the CAA must comply with the direction.

(5)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.

12 References to Competition Commission.U.K.

(1)The CAA may make to the Competition Commission a reference requiring the Commission to investigate and report on—

(a)whether any matters which are specified in the reference and which relate to the provision of air traffic services by or on behalf of a licence holder operate against the public interest or may be expected to do so;

(b)if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.

(2)The CAA may at any time by notice given to the Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Commission must give effect to the variation.

(3)To help the Commission in its investigation the CAA may specify in the reference or a variation of it—

(a)any effects adverse to the public interest which in its opinion the matters specified in the reference or variation have or may be expected to have;

(b)any modifications of the conditions of the licence by which in its opinion those effects could be remedied or prevented.

(4)As soon as practicable after making a reference or variation the CAA must—

(a)serve a copy of the reference or variation on the licence holder;

(b)publish particulars of the reference or variation in such manner as the CAA considers appropriate for bringing it to the attention of persons likely to be affected by it;

(c)send a copy of the reference or variation to the Secretary of State.

(5)If before the end of the period of 28 days starting with the day on which the Secretary of State receives the copy he gives a direction to the Commission requiring it not to proceed with the reference or not to give effect to the variation, the Commission must comply with the direction.

(6)To help the Commission in its investigation the CAA must give to the Commission—

(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.

(7)In carrying out the investigation concerned the Commission must take account of any information given under subsection (6).

(8)In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Commission must have regard to the matters as respects which duties are imposed on the Secretary of State and the CAA by sections 1 and 2.

F1(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F212A References under section 12: time limitsU.K.

(1)Every reference under section 12 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2)A report of the Competition Commission on a reference under section 12 shall not have effect (and no action shall be taken in relation to it under section 14) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the CAA under subsection (3).

(3)The CAA may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4)No more than one extension is possible under subsection (3) in relation to the same reference.

(5)The CAA shall, in the case of an extension made by it under subsection (3)—

(a)publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b)send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State.

12B References under section 12: application of Enterprise Act 2002U.K.

(1)The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3), for the purposes of references under section 12 as they apply for the purposes of references under that Part—

(a)section 109 (attendance of witnesses and production of documents etc.);

(b)section 110 (enforcement of powers under section 109: general);

(c)section 111 (penalties);

(d)section 112 (penalties: main procedural requirements);

(e)section 113 (payments and interest by instalments);

(f)section 114 (appeals in relation to penalties);

(g)section 115 (recovery of penalties); and

(h)section 116 (statement of policy).

(2)Section 110 shall, in its application by virtue of subsection (1), have effect as if—

(a)subsection (2) were omitted; and

(b)in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(3)Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1), have effect as if—

(a)for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;

(b)for the words “published (or given)”, in both places where they appear, there were substituted “made”; and

(c)the words “by this Part” were omitted.

(4)Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 12 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words [F3“the OFT, OFCOM,”] and “or the Secretary of State” were omitted.

(5)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4), have effect in relation to those sections as applied by virtue of those subsections.

(6)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]

13 Reports on references.U.K.

(1)In making a report on a reference under section 12 the Competition Commission—

(a)must include definite conclusions on the questions contained in the reference and such an account of its reasons for the conclusions as in its opinion facilitates a proper understanding of the questions and of the conclusions;

(b)if it concludes that any of the matters specified in the reference operate against the public interest or may be expected to do so, must specify the effects adverse to the public interest which the matters have or may be expected to have;

(c)if it concludes that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, must specify modifications by which the effects could be remedied or prevented.

[F4(1A)For the purposes of sections 14 to 17, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(1B)If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 12 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.]

[F5(2) the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 12.

(2A)In making any report on a reference under section 12 the Competition Commission must have regard to the following considerations before disclosing any information.

(2B)The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(2C)The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

(2D)The third consideration is the extent to which the disclosure of the information mentioned in subsection (2C)(a) or (b) is necessary for the purposes of the report.]

(3)A report of the Commission on a reference under section 12 must be made to the CAA.

(4)The CAA—

(a)must on receiving such a report send a copy to the licence holder and a copy to the Secretary of State;

(b)must, after the end of the specified period, publish the report in such manner as the CAA considers appropriate for bringing it to the attention of persons likely to be affected by it.

(5)But if the Secretary of State thinks that the publication of any matter would be against the public interest or any person’s commercial interests, he may before the end of the specified period give a direction to the CAA requiring it to exclude the matter from every copy of the report to be published as mentioned above.

(6)The specified period is the period of 14 days starting with the day after the Secretary of State receives the copy under subsection (4).

14 Modification following report.U.K.

(1)This section applies if a report of the Competition Commission on a reference under section 12—

(a)includes conclusions to the effect that any of the matters specified in the reference operate against the public interest or may be expected to do so,

(b)specifies effects adverse to the public interest which the matters have or may be expected to have,

(c)includes conclusions to the effect that the effects could be remedied or prevented by modifications of the conditions of the licence, and

(d)specifies modifications by which the effects could be remedied or prevented.

(2)The CAA must suggest such modifications of the conditions of the licence as it thinks are needed to remedy or prevent the adverse effects specified in the report.

(3)Before suggesting modifications the CAA must—

(a)have regard to the modifications specified in the report,

(b)publish a notice in such manner as the CAA 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,

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

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

(4)The notice must—

(a)state that the CAA proposes to suggest 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 proposals.

(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).

15 Commission’s power to give direction.U.K.

(1)This section applies if the Competition Commission is given notice under section 14.

(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 set out in the notice are not the modifications which are needed to remedy or prevent the adverse effects specified in the Commission’s report on the reference under section 12.

(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 14,

(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 14.

(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 14, 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 14.

(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 14.

16 Position where Commission gives direction.U.K.

(1)This section applies if the Competition Commission gives a direction under section 15(2).

(2)If the direction is given under section 15(2)(a) the Commission must 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 12.

(3)If the direction is given under section 15(2)(b) the Commission must 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 12, and

(b)would not be remedied or prevented by the modifications set out in the notice under section 14 and not specified under section 15(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—

(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 modifications, and

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

(7)The notice under subsection (6) must—

(a)state that the modifications have been made,

(b)set them out, and

(c)set out the reasons for making them.

17 Commission’s duty as to modifications under section 16.U.K.

(1)The Competition Commission must exercise its functions under section 16(2) and (3) 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 (2) to (5).

(2)The Commission must exercise its functions under section 16(2) and (3) 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 licence holders;

(c)to secure that 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) and notified to the Commission by the CAA;

(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 and notified to the Commission by the CAA.

(3)The only interests to be considered under subsection (2)(a) are 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 Commission 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 Commission must apply them in the manner it thinks is reasonable having regard to them as a whole.

(6)The Commission must exercise its functions under section 16(2) and (3) so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.

[F618 Sections 15 and 16: general.U.K.

(1)For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15(4) or 16(4) or (6).

(2)In publishing or serving any notice under section 15(4) or 16(4) or (6), the Competition Commission must have regard to the following considerations before disclosing any information.

(3)The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(4)The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

(5)The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) is necessary for the purposes of the notice.

(6)The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (7) and (8), for the purposes of any investigation by the Competition Commission for the purposes of the exercise of its functions under section 15 or 16, as they apply for the purposes of any investigation on references under that Part—

(a)section 109 (attendance of witnesses and production of documents etc.);

(b)section 110 (enforcement of powers under section 109: general);

(c)section 111 (penalties);

(d)section 112 (penalties: main procedural requirements);

(e)section 113 (payments and interest by instalments);

(f)section 114 (appeals in relation to penalties);

(g)section 115 (recovery of penalties); and

(h)section 116 (statement of policy).

(7)Section 110 shall, in its application by virtue of subsection (6), have effect as if—

(a)subsection (2) were omitted;

(b)in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the publication by the Commission of a notice under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction has been given by the Commission under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and

(c)in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(8)Section 111(5)(b) shall, in its application by virtue of subsection (6), have effect as if for sub-paragraph (ii) there were substituted—

“(ii)if earlier, the day on which a notice is published by the Commission under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction is given by the Commission under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ”

(9)Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under section 15 or 16 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words [F7“the OFT, OFCOM,”] and “or the Secretary of State” were omitted.

(10)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) or (9), have effect in relation to those sections as applied by virtue of those subsections.

(11)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]

19 Modification by order under other enactments.U.K.

[F8(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services.]

(5)As soon as practicable after making modifications under this section the [F9relevant authority] must send a copy of them to the licence holder and a copy to the CAA.

[F10(6)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.]

(7)The [F112002 Act is the Enterprise Act 2002].