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Civil Aviation Act 2012

CAA Membership

Section 95: CAA membership

299.Section 95 amends section 2 of, and Schedule 1 to, the CAA 1982 so that the Secretary of State is responsible for the appointment of the chair of the CAA and the other non-executive members, and the non-executive members are responsible for the appointment of the chief executive with the approval of the Secretary of State. The chief executive is to appoint the other executive members with the approval of the chair and at least one other non-executive member. This section further provides that the CAA is to consist of between 7 and 16 members, and that the Secretary of State and chief executive must exercise their powers of appointment and approval to secure that, as far as practicable, non-executive members exceed executive members in number.

Section 96: Non-executive members of CAA

300.Section 96 amends Schedule 1 to the CAA 1982 to reflect the fact that the Secretary of State is only responsible for the appointment or removal of non-executive members. It updates the circumstances in which the Secretary of State may remove a non-executive member from office. It removes the requirement for HM Treasury’s consent to levels of remuneration for non-executive members. It also ensures that non-executive members are not entitled to the payment of a CAA pension as they are not employees of the CAA.

Section 97: Executive members of CAA

301.This section inserts provisions into Schedule 1 to the CAA 1982 about the terms and conditions of employment of executive members, which are to be determined:

  • in the case of the chief executive, by the non-executive members; and

  • in the case of the executive members, by the chief executive with the approval of the chair and at least one other non-executive member.

302.It also makes amendments to the CAA 1982 so as to draw a distinction between executive members and other employees of the CAA where necessary in that Act.

Section 98: CAA’s air navigation functions

303.Section 98 amends section 66 of the TA 2000 so as to replace the Secretary of State's power to nominate a member to perform certain of the CAA's air navigation functions with a duty for the chief executive of the CAA to consult the Secretary of State before nominating, with the approval of the chair and at least one other non-executive member, another executive member to perform such of the CAA's air navigation functions as the Secretary of State may specify. It also amends section 67 of the TA 2000 to ensure that the Secretary of State may only nominate a non-executive member to perform the national security functions in section 67.

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

304.Section 99 gives effect to Schedule 14, which makes transitional provision about serving members of the CAA, in particular for determining whether such a member is to be an executive or non-executive member of the CAA for the purposes of section 2 of, and Schedule 1 to, the CAA 1982 as amended by the Act. It also provides for the continuation of their terms and conditions. The CAA will be required to continue to make provision for the payment of pensions to current and former members for whom it is currently making such provision. The existing nomination of a member made under sections 66 and 67 of the TA 2000 will also continue.

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