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Civil Aviation Act 2012

Provision of information about aviation

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

285.The provisions of section 83 are designed to assist users (passengers and owners of cargo) and potential users of aviation services and facilities to compare service standards and make a more informed choice. The section imposes a duty on the CAA to publish, or arrange for the aviation industry to publish in a form that the CAA considers appropriate, such information and advice as the CAA considers appropriate to assist users of air transport services to compare aviation services and facilities. The duty does not apply to information which the CAA could refuse to disclose in response to a request made under the Freedom of Information Act 2000. The CAA may also publish guidance and advice for the aviation industry to improve service standards. The CAA must where practicable keep under review the information, guidance and advice published under this section. The CAA may conduct or commission research in support of these functions.

Section 84: Environmental information

286.The provisions of section 84 are designed to raise awareness of the environmental effects of civil aviation in the UK, their impact on human health and safety and measures taken to limit the adverse environmental effects. Environmental effects are wide-ranging and include, for example, noise, vibration, emissions and visual disturbance from aircraft as well as the effects from services and facilities provided at airports (other than military airports). The section imposes a duty on the CAA to publish, or arrange for the aviation industry to publish in a form that the CAA considers appropriate, such environmental information and advice as the CAA considers appropriate. The duty does not apply to information which the CAA could refuse to disclose in response to a request made under the Freedom of Information Act 2000. The CAA may also publish guidance and advice with a view to limiting the adverse environmental impacts of the aviation sector. The CAA must where practicable keep under review the information, guidance and advice published under this section. The CAA may conduct or commission research in support of these functions.

Section 85: Power to obtain information

287.Section 85 provides that the CAA may by notice in writing require a person to provide information that the CAA reasonably requires in order to exercise its functions under section 83 or 84. As a result of subsection (6), information obtained using this power which relates to the affairs of an individual or to a particular business must not be disclosed unless this is permitted under Schedule 6. For example, Schedule 6 permits disclosure for the purpose of facilitating the carrying out of the CAA’s functions under sections 83 and 84 (see paragraph 4(1) to (3) of that Schedule).

Section 86: Enforcement of information notice

288.Section 86 provides that when a person fails without reasonable excuse to comply with a notice issued under section 85, the CAA may impose a penalty, or enforce the duty to comply in civil proceedings for an injunction, or both. The amount of the penalty as determined by the CAA must be appropriate and proportionate to the offence and may be either a fixed amount of up to £50,000 or a daily amount of up to £5,000 (or both). The Secretary of State may vary the maximum fixed and daily amounts by regulations which must be approved in each House of Parliament.

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

289.Section 87 provides that the CAA may impose a penalty if a person deliberately or recklessly provides false or misleading information in response to a notice under section 85 or knowing that the CAA is likely to use the information to carry out its functions under section 83 or 84. The CAA may also impose a penalty when a person intentionally alters or destroys information required by a notice under section 85. The amount of a penalty imposed under section 87 must be appropriate and proportionate.

Section 88: Procedure before imposing penalty

290.Section 88 sets out the procedure which the CAA must follow before imposing a penalty under section 86 or 87. The CAA must give the person a notice stating the proposed amount of the penalty, the reasons for imposing it and, in the case of a daily penalty, when it would begin and when, or in what circumstances, it would cease to accumulate. The CAA must consider any representations made about the proposed penalty within the period specified in the notice (which must be at least 21 days beginning with the day on which the notice was given). The same process applies before the CAA can vary the proposed amount of the penalty or the day on which daily amounts would begin to accumulate or the day on which, or circumstances in which, they would cease to accumulate. The section also provides that the CAA may, by notice, withdraw a notice proposing a penalty. The CAA must publish any notice under section 88 as soon as practicable.

Section 89: Procedure after imposing penalty

291.Section 89 sets out the procedure which the CAA must follow after imposing a penalty, which includes a requirement to give notice to the person on whom the penalty is imposed and to publish the notice.

Section 90: Appeals and Schedule 13: Appeals against penalties

292.Section 90 and Schedule 13 provide the grounds on which a person may appeal to the Competition Appeal Tribunal against a penalty imposed under section 86 or 87. A person may appeal against the imposition of the penalty or its amount, duration or payment period. The Competition Appeal Tribunal may confirm or set aside a penalty or give such directions as it considers appropriate to the CAA. A further appeal to the courts may be made on a point of law arising from the decision of the Competition Appeal Tribunal with the permission of the appropriate court or the Competition Appeal Tribunal.

Section 91: Recovering penalties

293.Section 91 provides for the calculation of interest on unpaid penalty balances and the recovery of unpaid penalties as a debt due to the CAA. Any penalties or debt recovered by the CAA must be paid into the Consolidated Fund.

Section 92: Statement of policy

294.Section 92 provides that the CAA must prepare and publish a statement of its policy on: the exercise of its functions under sections 83 and 84; imposing penalties under sections 86 and 87; and determining the amount of such penalties. When preparing or revising a statement of policy relating to the carrying out of its functions under sections 83 and 84, the CAA must have regard to the principle that the benefits of carrying out its functions under those sections should outweigh any adverse effects. When imposing a penalty under section 86 or 87, or determining its amount, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed. The CAA must consult those persons it considers appropriate on the preparation or revision of its statement of policy. It must also publish any revisions to its statement of policy.

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