§ ' —(1) The CAA must not make a final order or make or confirm a provisional order if it is satisfied that—
- (a) the duty imposed on it by section 2 precludes it from doing so, or
- (b) the most appropriate way of proceeding is under the Competition Act 1998.
§ (2) If the CAA is satisfied that any of the conditions in subsection (3) applies it must not make a final order or make or confirm a provisional order unless it believes that it is appropriate to do so.
§ (3) The conditions are that—
- (a) the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the duty or condition concerned;
- (b) the contraventions or apprehended contraventions are trivial;
- (c) the contraventions or apprehended contraventions will not adversely affect the interests of the persons referred to in subsection (4);
- (d) the Secretary of State has made an application under section 28 for an air traffic administration order in relation to the licence holder.
§ (4) The persons are operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them.
§ (5) These interests are the only ones to be considered under subsection (3)(c)—
- (a) interests regarding safety;
- (b) interests regarding the range, availability, continuity, cost and quality of air traffic services.'.—[Mr. Robert Ainsworth.]
§ Brought up, read the First and Second time, and added to the Bill.