Great Minster House
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E-Mail: theresa.villiers@dft.gsi.gov.uk
Dear Baroness Thomas,
Web site: www.dft.gov.uk
Civil Aviation Bill: Responding to the Delegated Powers and
Regulatory Reform Committee’s Fourth Report of Session 2012-13
I am grateful for the Delegated Powers and Regulatory Reform
Committee’s Fourth Report of Session 2012-13, which included a
recommendation for the Civil Aviation Bill.
Paragraph 30 of the Report made reference to power given in the Bill to
enable the Secretary of State to increase by negative order a £1m
threshold as the amount of annual turnover above which an airport
operator is eligible for certification by the CAA as a “relevant airport
operator” for purposes of Part 5 of the Airports Act 1986.
The Report went on to recommend that, if it is the Government’s
intention that the purpose of the power is to enable the Secretary of
State by order to increase the threshold in line with inflation, this should
be specified on the face of the Bill, in which case the negative procedure
is appropriate. But if the threshold is to be increased for other reasons,
the affirmative procedure should apply.
[We have carefully considered the Committee’s recommendations, and
believe that, on balance, an amendment that would cover both
eventualities would give effect to the Committee’s recommendations in
the most flexible and proportionate way.
I have now tabled an amendment whereby the Bill would state that in
the case that the increase was for inflation the order should be negative,
and in the case that it was for any other reason it should be affirmative.
I believe that this meets the aims of the Report’s recommendation, while
ensuring that the level of Parliamentary oversight over any increase of
the threshold is tailored according to whether the increase is for inflation
or other reasons.]
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I have copied this letter to Earl Attlee, and to Lord Davies of Oldham
and Lord Rosser of Ickenham given the interest they demonstrated in
Grand Committee in this part of the Bill.
THERESA VILLIERS MP
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