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Transport Act 2000 (Consequential Amendments) (Scotland) Order 2006

rose to move, That the draft order laid before the House on 6 February be approved [18th Report from the Joint Committee]. The noble Lord said: My Lords, I am grateful for the opportunity to bring the order before your Lordships. It is a minor piece of tidying-up legislation, which I hope will not take long to introduce and explain. The purpose of the Transport Act 2000 (Consequential Amendments) (Scotland) Order 2006 is to reflect in Scottish planning law the change in air traffic services provision that occurred when National Air Traffic Services was split off from the Civil Aviation Authority, following the Transport Act 2000. The Transport Act 2000 paved the way for the setting up of a public/private partnership, NATS, in July 2001. Prior to the establishment of the PPP, the provision of air traffic services was the responsibility of the Civil Aviation Authority, of which NATS was then part. Part 1 of the Transport Act 2000 provided for a licence to be granted to a licence holder who is authorised to provide air traffic services. The present licence holder is NATS. The Civil Aviation Authority retains a role only as the regulator of those services. This order applies to Scotland only. It is designed to assist NATS, in Scotland, to meet the operational requirements for the provision of en route air traffic services. It does this by making the licensed subsidiary of NATS—NATS En Route Ltd.—a statutory undertaker. The order enables NATS to gain exemptions from planning restrictions on operational land in which it has an interest. These exemptions are the same as those that used to be enjoyed by the CAA when it ran air traffic services. Nothing extra is being added. The exemptions are important because air traffic control equipment such as radar and navigation aids must be sited precisely to meet operational requirements and to help ensure that air traffic movements are carried out safely and effectively. Following the splitting off of NATS from the CAA, certain provisions in Scottish law, which apply to the Civil Aviation Authority, need to be changed to ensure that Scottish legislation reflects the present system of provision of air traffic services. Minor changes are therefore needed to three pieces of Scottish legislation. The detail of the changes is in the Explanatory Note to the draft statutory instrument. The need for further legislative amendments of this nature was foreseen in the Transport Act 2000, Section 277 of which provides a power to make subsequent amendments subject to affirmative resolution of both Houses. This power has already been exercised in respect of the United Kingdom as a whole in the Transport Act 2000 (Consequential Amendments) Order 2001 No. 4050. It is of course reasonable for noble Lords to ask why Scotland’s specific legislation was not dealt with at the same time. The answer is complex, but it revolves around the fact that problems in taking the matter forward then existed because many staff in the DFT had changed after the NATS privatisation and were in new roles, but also because issues concerning devolved and reserved powers still needed to be resolved at the early stage of devolution. It was also necessary before we could introduce the provisions to liaise with the Scottish Executive. All of that meant that it took time to identify the relevant Scottish legislation and just who should deal with it. The resolution of those issues came too late for inclusion in the 2001 order. Although planning law is not a reserved matter in Scotland, these matters relate to the specific interaction of planning law and aviation and have as their purpose the proper conduct of aviation, which is a reserved matter. The amendments are therefore properly to be treated as a reserved matter. The order has been discussed with the Scottish Executive. I beg to move. Moved, That the draft order laid before the House on 6 February be approved [18th Report from the Joint Committee]—(Lord Davies of Oldham.)