UK Offence Report

The Operation of Air Services ... (Pricing etc.) Regulations 2013

UK Statutory Instrument 2013 No. 486 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 March 2013
In force from
6 April 2013
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, Schedule 7 to the Tribunals Courts and Enforcement Act 2007

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for implementing Chapter IV of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.08, p.3). These Regulations also amend the Operation of Air Services in the Community Regulations 2009 and revoke the Licensing of Air Carriers Regulations 1999. Regulation 2 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. Article 24 of the EC Regulation requires the member States to ensure compliance with the rules set out in Chapter IV and lay down penalties for infringements of those rules. Regulations 3 to 36 provide for an enforcement system to meet this obligation. Regulation 4 specifies the CAA and the OFT as enforcers for the purpose of enforcing Article 23 of the EC Regulation. The enforcement regime provides for— a power for the courts to make an enforcement order on application of an enforcer: regulation 12; b power for the courts to make an interim enforcement order on application of an enforcer: regulation 13; c power for an enforcer to accept an undertaking instead of seeking an enforcement order: regulation 14; d further proceedings to be taken by an enforcer following breach of an undertaking, enforcement order or an interim enforcement order: regulation 15; e power for enforcers to seek information for the purpose of ascertaining whether there is an infringement of Article 23 or whether a person has complied with an order: regulation 18; f power for officers of an enforcer to enter premises with or without warrant: regulations 21, 23 and 24; g power for officers of an enforcer to observe the business and inspect goods and documents on the premises, to require the production of goods or documents, to seize goods or documents, and to seize, remove and retain goods and documents: regulations 22. Regulation 25 creates a new criminal offence of obstructing or failing to cooperate with powers of entry. Regulations 28 to 31 make provision so that the Regulations do not conflict with the requirements of European Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society service, in particular electronic commerce in the Internal Market (OJ L 178, 17.07.2000, p.1), known as the E-Commerce Directive. Regulation 28 provides that where a service provider is established in the United Kingdom, to the extent these Regulations are concerned with the enforcement of Article 23, they apply to anything done by that service provider in providing the information society service in another EEA state. It also provides that where the service provider is established in an EEA state other than the United Kingdom, they do not apply to anything done by the service provider in providing the information society service. Regulations 29 to 31 provide for various exceptions in respect of intermediary internet service providers in accordance with Articles 12 to 14 of the E-Commerce Directive. Regulations 32 to 36 provide for sharing of information between enforcers and for disclosure of information with consent, and for the purpose of civil and criminal proceedings. Regulation 37 amends the Operation of Air Services in the Community Regulations 2009 by adding a requirement for the Secretary of State to review the operation and effect of those regulations and to publish a report within five years after such requirement comes into force and within every five years after that. Regulation 37 also provides for appeal procedures in respect of decisions of the Secretary of State and the CAA relating to approvals for leased aircraft pursuant to regulations 15 and 16 of the 2009 regulations. The Licensing of Air Carriers Regulations 1999 are revoked: regulation 38. The process set out in the 1999 regulations is replaced by the procedure set out in regulation 37. An impact assessment of the effect that the instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A copy has also been placed in the Library of each House of Parliament.

Offences created by this instrument

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Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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