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Civil Aviation Act 1971

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Provision of assistance and information

33Provision by the Authority of assistance etc. for Secretary of State and others

(1)Subject to subsection (3) of this section it shall be the duty of the Authority to provide such assistance and advice as the Secretary of State may require the Authority to provide for him or any other person in connection with any of the Secretary of State's functions relating to civil aviation.

(2)Without prejudice to the preceding subsection, it shall also be the duty of the Authority—

(a)to consider what aerodromes are in its opinion likely to be required from time to time in the United Kingdom in addition to or in place of or by way of alteration of existing aerodromes; and

(b)to make recommendations to the Secretary of State arising out of its consideration of that matter;

and it shall be the duty of the Secretary of State to publish the recommendations (except any of them of which the publication appears to him unnecessary) in such manner as he considers appropriate for bringing them to the notice of the public.

(3)Where in pursuance of subsection (1) of this section the Secretary of State requires the Authority to provide assistance or advice for a person other than the Secretary of State but does not undertake to pay to the Authority the cost of doing so, the Authority shall be entitled to refuse to do so until the other person pays to the Authority—

(a)in so far as provision is made in pursuance of section 9 of this Act for charges in respect of the assistance or advice, those charges ; and

(b)in so far as provision is not so made, such reasonable charges in respect of the assistance or advice as the Authority may determine.

(4)The Authority shall be entitled to recover from the Secretary of State a sum equal to any expense reasonably incurred by it in providing him with assistance or advice in pursuance of subsection (1) of this section and in performing the duty imposed on it by subsection (2) of this section, and any expenditure incurred by the Secretary of State in pursuance of this subsection shall be defrayed out of money provided by Parliament.

(5)Without prejudice to subsection (1) of this section, the Authority may provide for any person technical assistance and advice, including research services, with respect to any matter in which the Authority has skill or experience.

34Provision by the Authority of information etc. for Secretary of State

(1)It shall be the duty of the Authority—

(a)to furnish to the Secretary of State such information as he may specify and the Authority has or can reasonably be expected to obtain with respect to such matters relating to the Authority or to civil aviation as the Secretary of State may specify;

(b)to permit the Secretary of State to have access to all documents which are under the control of the Authority and relate to matters specified in pursuance of the preceding paragraph;

(c)if it comes to the notice of the Authority that a body which is the holder of an air transport licence is proposing to merge or has merged with another body, to give notice in writing of the proposal or merger to the Secretary of State;

(d)if it appears to the Authority that any matter which is being or has been dealt with by the Authority is likely—

(i)to affect the relations of the United Kingdom with any other country or territory or any international organisation, or

(ii)to be of special interest to the Secretary of State by reason of the fact that the matter involves or may involve noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation,

to give notice in writing of the matter to the Secretary of State.

(2)Nothing in the preceding subsection shall be construed as prejudicing the generality of subsection (1) of the preceding section, and nothing in paragraph (c) or (d) of the preceding subsection shall be construed as prejudicing the generality of paragraph (a) of the preceding subsection.

(3)The Authority shall be entitled to recover from the Secretary of State a sum equal to any expense reasonably incurred by it in furnishing information in pursuance of subsection (1) of this section, and any expenditure incurred by the Secretary of State in pursuance of this subsection shall be defrayed out of money provided by Parliament.

35Provision by others of information for the Authority and Secretary of State

(1)The Authority may, by a notice in writing served in the prescribed manner on a person of any of the following descriptions, that is to say—

(a)a holder of a licence issued by the Authority under this Act or a licence or certificate issued by the Authority under an Air Navigation Order;

(b)a recipient of an approval given by the Authority under an Air Navigation Order;

(c)a person who in the United Kingdom has, at any time during the period of two years ending with the date of service of the notice, held himself out as one who may as a principal or otherwise enter into a contract to make available accommodation for the carriage of persons or cargo on flights in any part of the world in aircraft of which he is not the operator;

(d)a person carrying on business in the United Kingdom as a manufacturer of aircraft or engines or other equipment for aircraft or as an insurer of aircraft,

require him to furnish to the Authority, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified, being—

(i)in the case of such a holder or recipient as aforesaid (other than the holder of an aerodrome licence), descriptions of information which relates to his past, present or future activities as the holder or recipient of the licence, certificate or approval in question or his past activities as the holder or recipient of any similar licence, certificate or approval or is of a kind which the Authority considers that it requires for the purpose of reviewing the licence, certificate or approval in question,

(ii)in the case of such a person as is mentioned in paragraph (c) of this subsection, descriptions of information which relates to his past, present or future activities in the United Kingdom connected with the making available of accommodation so mentioned,

(iii)in the case of such a person as is mentioned in paragraph (d) of this subsection or the holder of an aerodrome licence, descriptions of information which relates to his past, present or future activities (including, in the case of the holder of an aerodrome licence, information as to the numbers of aircraft and passengers and the quantity of cargo passing and expected to pass through the relevant aerodrome) and is of a kind which the Authority considers that it requires for the purpose of performing any of its functions.

In this subsection " aerodrome licence " means a licence to operate an aerodrome issued by the Authority under an Air Navigation Order.

(2)Without prejudice to the generality of the preceding subsection, the information relating to the activities of the holder of an air transport licence which the Authority may require him to furnish in pursuance of that subsection includes particulars of any contract or arrangement—

(a)to which he is or was at any time a party and, if he is not or was not then an operator of aircraft registered in the United Kingdom or a relevant overseas territory or an associated state, to which such an operator is or was then a party ; and

(b)which constitutes or relates to an agreement or understanding between operators of aircraft or such operators and other persons with respect to any of the following matters, that is to say—

(i)the provision of flights or of accommodation in aircraft,

(ii)the sharing or transfer of revenue from flights on particular routes,

(iii)the sale by a party to the contract or arrangement of tickets for flights in aircraft operated by another party to it,

(iv)the making available by a party to the contract or arrangement of staff, equipment or other facilities for use by another party to it.

(3)Provision may be made by regulations for requiring a person of any description specified in subsection (1) of this section to furnish to the Secretary of State, in such form and at such times as may be prescribed, information of such descriptions as may be prescribed, being descriptions of information relating to civil aviation which the Secretary of State considers that he requires for the purpose of performing any of his functions or descriptions of information which he considers that he requires in order to facilitate the performance by the Authority of any of its functions.

(4)If a person required to furnish information by virtue of any of the preceding provisions of this section fails to comply with the requirement or in purported compliance with the requirement knowingly or recklessly furnishes information which is false in a material particular, then—

(a)in the case of a failure to comply with the requirement he shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100 ; and

(b)in any other case he shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £400 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both ; and

(c)if the requirement was made by virtue of subsection (1) or (2) of this section, the Authority may, whether or not any proceedings in respect of the requirement have been brought in pursuance of paragraph (a) or (b) of this subsection, revoke any licence or certificate or approval which was issued or given by the Authority and to which the requirement related ;

and a person who fails to comply with a requirement imposed on him in pursuance of this section shall be guilty of an offence by virtue of paragraph (a) of this subsection notwithstanding that at any relevant time he is outside the United Kingdom and is neither a United Kingdom national nor a body incorporated under the law of a part of the United Kingdom or of a relevant overseas territory or an associated state.

36Disclosure of information

(1)Subject to the following subsection, no information which relates to a particular person and has been furnished to the Authority or the Secretary of State in pursuance of any provision of this Part of this Act or an Air Navigation Order shall be disclosed by the Authority or a member or employee of the Authority or an officer of the Secretary of State unless—

(a)the person aforesaid has consented in writing to disclosure of the information ; or

(b)the Secretary of State, after affording that person an opportunity to make representations about the information and considering any representation then made by that person about it, determines that the information may be disclosed ; or

(c)the Secretary of State determines that the information is of the same kind as other information as respects which he has, after affording that person an opportunity of making representations about it in pursuance of the preceding paragraph, made a determination in pursuance of that paragraph.

(2)Nothing in the preceding subsection prohibits the disclosure of any information—

(a)by the Authority or a member or employee of the Authority to the Secretary of State or an officer of his or, with the consent of the Secretary of State, to an international organisation of which the United Kingdom is a member;

(b)by an officer of the Secretary of State to the Authority or a member or employee of the Authority or to such an organisation or, in accordance with directions given by the Secretary of State,—

(i)to an officer of any government department, or

(ii)in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of any country or territory outside the United Kingdom, or

(iii)in connection with the discharge of any obligation of the United Kingdom under international arrangements;

(c)to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 5(2) of this Act;

(d)in pursuance of section 24(3) or (5) of this Act;

(e)with a view to the institution of, or otherwise for the purposes of, any criminal proceedings arising out of this Act or an Air Navigation Order or for the purposes of any investigation undertaken in pursuance of regulations made by virtue of section 10 of the [1949 c. 67..] Civil Aviation Act 1949 (which provides for the investigation of accidents connected with air navigation).

(3)If the Authority or a member or employee of the Authority or an officer of the Secretary of State discloses any information in contravention of subsection (1) of this section, it or he shall be liable on summary conviction to a fine of an amount not exceeding £400 or on conviction on indictment to a fine or, except in the case of the Authority, imprisonment for a term not exceeding two years or both.

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