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Civil Aviation Act 2006

Consolidated Text As Enacted Cited authorities 28 Cited in Amendments 24 Related
Vincent
JurisdictionUK Non-devolved
Citation2006 c. 34
Year2006
  • For section 38 of the Civil Aviation Act 1982 (c. 16) substitute—
      (38) Aerodrome charges: noise and emissions
    • “(1) Without prejudice to any power of any aerodrome authority to enter into an agreement on such terms as it thinks fit, an aerodrome authority may, for the purposes mentioned in subsection (2) below, fix its charges in respect of an aircraft or a class of aircraft by reference (among other things) to—
    • (a) any fact or matter relevant to the amount of noise caused by the aircraft or the extent or nature of any inconvenience resulting from such noise;
    • (b) any fact or matter relevant to the amount or nature of emissions produced by the aircraft or the extent or nature of any atmospheric pollution resulting from such emissions;
    • (c) any fact or matter relevant to the effect of the aircraft on the level of noise or atmospheric pollution at any place in or in the vicinity of the aerodrome;
    • (d) any failure by the operator of the aircraft to secure that any noise or emissions requirements applying to the aircraft are complied with.
    • any fact or matter relevant to the amount of noise caused by the aircraft or the extent or nature of any inconvenience resulting from such noise;any fact or matter relevant to the amount or nature of emissions produced by the aircraft or the extent or nature of any atmospheric pollution resulting from such emissions;any fact or matter relevant to the effect of the aircraft on the level of noise or atmospheric pollution at any place in or in the vicinity of the aerodrome;any failure by the operator of the aircraft to secure that any noise or emissions requirements applying to the aircraft are complied with.in relation to paragraph (a) of subsection (1) above, encouraging the use of quieter aircraft and reducing inconvenience from aircraft noise;in relation to paragraph (b) of that subsection, encouraging the use of aircraft which produce lower emissions of any substance which contributes to atmospheric pollution;in relation to paragraph (c) of that subsection, controlling the level of noise or atmospheric pollution in or in the vicinity of the aerodrome so far as attributable to aircraft taking off or landing at the aerodrome;in relation to paragraph (d) of that subsection, promoting compliance with noise or emissions requirements.requirements imposed under section 78 below for the purpose of limiting, or mitigating the effect of, noise caused by such aircraft, orrequirements imposed by the aerodrome authority (otherwise than under that section) for the purpose of limiting, or mitigating the effect of, noise caused by, or emissions produced by, such aircraft.The Secretary of State may by order direct specified aerodrome authorities to fix their charges in exercise of any power conferred by subsection (1) above; and any such order may contain directions as to the manner in which those charges are to be so fixed.In determining whether, and if so how, to exercise his power under subsection (4) above in relation to an aerodrome authority, the Secretary of State shall have regard (among other things) to the interests of persons who live in the area in which the aerodrome is situated.This section has effect subject to any provision relating to the use of, or charges for the use of, aerodromes which is made by or under any other enactment.In this section—
    • “aerodrome authority” means a person owning or managing an aerodrome licensed under an Air Navigation Order; and
    • “charges”, in relation to an aerodrome authority, means the charges the authority makes for the use of an aerodrome so licensed which is owned or managed by the authority.
    (1) Section 78 of the Civil Aviation Act 1982 (c. 16) (regulation by Secretary of State of noise and vibration from aircraft) is amended as follows.(2) After subsection (6) insert—
    • “(6A) Directions under subsection (6) above may be given for the purpose of avoiding, limiting, or mitigating the effect of, such noise and vibration either—
    • (a) generally, or
    • (b) in any particular area or areas.
    generally, orin any particular area or areas.in paragraph (i) for the words from “not exceeding” to “; and” substitute “ not exceeding level 5 on the standard scale; and ”, andin paragraph (ii) for “to be fined accordingly” substitute “ on summary conviction to a fine not exceeding 10% of level 5 on the standard scale ”.
  • After section 78 of the Civil Aviation Act 1982 (c. 16) insert—
      (78A) Penalty schemes
    • “(1) The person for the time being managing an aerodrome (referred to in this section and section 78B below as the “relevant manager”) may establish and maintain a penalty scheme.
    • (2) In this section and section 78B below “penalty scheme” means a scheme which requires a penalty to be paid if any requirement imposed under section 78(1) above in relation to an aircraft taking off or landing at the aerodrome is not complied with.
    • (3) Any such penalty shall be—
    • (a) of an amount specified in the scheme, and
    • (b) paid to the relevant manager by the operator of the aircraft in question.
    • The person for the time being managing an aerodrome (referred to in this section and section 78B below as the “relevant manager”) may establish and maintain a penalty scheme.In this section and section 78B below “penalty scheme” means a scheme which requires a penalty to be paid if any requirement imposed under section 78(1) above in relation to an aircraft taking off or landing at the aerodrome is not complied with.of an amount specified in the scheme, andpaid to the relevant manager by the operator of the aircraft in question.The penalty scheme shall afford the operator of the aircraft an opportunity to make representations to the relevant manager with respect to the matter either before or after the penalty is imposed.If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the relevant manager to cancel the penalty if he considers it appropriate to do so having considered those representations.contain such incidental or supplementary provisions as the relevant manager considers appropriate, andbe amended or revoked by the relevant manager.The amendment or revocation of a penalty scheme shall not affect the validity of anything previously done under the scheme.A relevant manager who receives penalties under a penalty scheme shall make payments equal to the amount of those penalties for purposes which appear to him to be likely to be of benefit to persons who live in the area in which the aerodrome is situated.to establish a penalty scheme, orto amend or revoke a penalty scheme.The Secretary of State shall publish any direction given under subsection (1) above in such manner as appears to him to be appropriate.A direction under subsection (1) above which requires a relevant manager to establish or amend a penalty scheme may include directions as to the provisions which are to be included in the scheme.the relevant manager, andany body appearing to him to be representative of operators of aircraft using the aerodrome in question.be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, andif the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and be liable on summary conviction to a fine not exceeding 10% of level 5 on the standard scale.

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