Air Travel Organisers' Licensing Act 2017

2 Air Travel Trust

(1) In section 71A of the Civil Aviation Act 1982 (contributions by licence holders to Air Travel Trust), in subsection (5), after “the trust” insert “(as it has effect from time to time)”.

(2) After that subsection insert—

“(6) The Secretary of State may by regulations amend the definition of “Air Travel Trust” in subsection (5) above so that it refers, in addition to or instead of any trust for the time being referred to in that subsection, to one or more other qualifying trusts.

(7) A trust is a qualifying trust for the purposes of subsection (6) above if—

(a) the Secretary of State for Transport is a party to the deed establishing the trust, and

(b) the primary purpose of the trust is the assistance of persons who suffer losses or incur costs as a result of failure by contributors to the trust to fulfil obligations with regard to the provision of flight accommodation in connection with those persons’ trips or holidays.

In paragraph (b) “flight accommodation” has the same meaning as in section 71.”

(3) In section 102 of that Act (powers to make Orders in Council, orders and regulations), after subsection (3) insert—

“(3A) Where an entry in the said column 3 specifies that a power to make regulations is subject to the affirmative resolution procedure, a statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.”

(4) In Part 2 of Schedule 13 to that Act (provisions applying to certain powers)—

(a) in the entry for section 71A, for “Section 71A” substitute “Section 71A(1)”;

(b) after that entry insert—

“Section 71A(6)

Regulations amending the definition of “Air Travel Trust”

Subject to the affirmative resolution procedure

Paragraphs 1 and 2 of Part 3 apply.”