Commentary Further provision about CAA Section 100: CAA charges
305.Section 100 amends section 11 of the CAA 1982, which makes provision about charging schemes and regulations in respect of the performance of functions of the CAA. The amendments to section 11 require the CAA to consult first those affected by a charging scheme and then the Secretary of State. New charging schemes are to come into force no earlier than 14 days after publication of the scheme, instead of no earlier than 60 days after publication (as previously provided by section 11).
306.Section 11(3) of the CAA 1982 provides that the Secretary of State may make regulations to override any charging scheme made by the CAA. Section 100 adds new subsections (3A) and (3B). These subsections require the Secretary of State to consult persons likely to be affected by regulations before making them, unless such consultation is thought unnecessary by the Secretary of State in view of consultation carried out by the CAA.
307.The section also amends sections 16 and 17 of the CAA 1982 so as to provide that the CAA cannot recover from the Secretary of State any expense it incurs in providing assistance or advice under section 16 or in providing information under section 17 in connection with any exercise of the Secretary of State’s power to make regulations under section 11(3). The Secretary of State would only need to use that power in the unlikely event of disagreement between the Secretary of State and the CAA on the appropriateness of the charging scheme.