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The guidance set out below is intended to assist those who provide facilities for consultation at aerodromes.<1> Aerodromes to which section 35 of the Civil Aviation Act 1982 applies have a responsibility to provide facilities for consultation at aerodromes. However, this guidance will also be applicable to any aerodrome with a consultation process and others with an interest in consultative procedures. We recognise the differences in circumstance between individual aerodromes and that arrangements and procedures for one committee may not be appropriate for another. It is important that the aerodrome and the committee retain the flexibility to adapt to local circumstances. 1. The legislation1.1 Section 35 of the Civil Aviation Act 1982 (as amended), which deals with facilities for consultation at certain aerodromes, states:(1) "This section applies to any aerodrome which is designated for the purposes of this section by an Order made by the Secretary of State. (2) "The person having the management of any aerodrome to which this section applies shall provide:-
(3) "The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority." 2. The purposes of consultationThe purposes of consultation are:
However,
3.2 However, the Department recognises that the best means of ensuring fair treatment of the different categories of statutory consultees is through a consultative committee formed for this purpose. This provides an opportunity for the aerodrome to consult with all relevant groups simultaneously but also allows those groups to engage with one another directly. 3.3 A consultative committee provides:
Constitution of Consultative Committees 4. Terms of reference.The terms of reference of the committee should be sufficiently widely drawn to allow it to consider all matters arising from the operation of the aerodrome. The exact terms of reference will be at the discretion of the committee but would be expected to cover facilities and services at the airport, input into environmental monitoring of the aerodrome, surface access, responses to formal consultation papers issued by government and other regulatory authorities and consideration of the economic impact of committee recommendations.
5.2. Secretariat. A properly resourced secretariat should be appointed to ensure the effective working of the committee. The necessary secretarial support will depend upon the size of the committee, the volume of papers handled. The duties of the secretariat shall be to;
The Committee should determine how the costs of providing this adequate secretarial support should be met. 6. Composition of consultative committees6.1 Representation. Section 35 of the Civil Aviation Act 1982 specifies the categories of bodies or organisations that should be consulted: see above, para 1.1. 6.2 It is important that all those significantly affected by or involved in the operation of the aerodrome should, so far as reasonably possible, have access to a representative who can speak on their behalf. While the exact size of the committee will depend upon local circumstances, the committee should be of a manageable size to perform its function. For fair and equal treatment of the different categories, it is more important to ensure that there is a representative balance of affected interests rather than to attempt equal numeric representation. The groups represented will vary between aerodromes: the users at an airport with commercial and GA flights may potentially encompass a wider spectrum of interested parties than either a purely commercial or small GA aerodrome. The scale of interest from the local community is also likely to be more significant at larger aerodromes. 6.3 Members' tenure. If possible, the term of office for members should be more than one year. Where a member is unable to attend he or she should be permitted to send a notified deputy of suitable standing. Elected council members and others nominated ex officio may, of course, be obliged to resign upon loss of office. Represented councils should have procedures to ensure smooth transition following local elections.
It is essential that the airport management participate fully in the committee by attending meetings and by providing relevant information. As the committee’s role is to advise the airport management we recommend that airport officers should not be formally members of the committee, as it appears illogical for the airport management to be a position whereby they are advising themselves.
It is often useful, especially at the larger airports' committees, if members are permitted to be accompanied by technical advisers (for example, elected council members may be supported by officers). Such advisers should not, however, intervene in committee proceedings unless invited to do so by the Chairman.
It may be useful for some committees, particularly at the larger airports but not necessarily limited to these, to form sub groups dealing with specific issues or areas. For example at Manchester Airport three smaller sub groups – Users Group, Technical Advisory Group and Community Trust Fund – have been created. These groups meet on the same cycle as the main committee and can cover topics in more detail and investigate particular issues on behalf of the main committee e.g. provision for disabled passengers. However, the need for sub groups will depend on the scale of activities and the location of the particular airport. Organisation of Meetings 10.1 Agenda. If possible all members should make available to the Committee (through the Secretary) at as early a date as possible details of any matter of concern to that member which he or she wishes to raise at a meeting of the Committee. Provided that a matter is within the terms of reference, it is recommended that all committee members be able to propose agenda items for discussion. 10.2 Circulation of documents. Papers should be circulated well in advance to allow representatives to fully prepare and obtain technical advice if necessary. The secretariat will need to ensure that the circulation of papers does not breach copyright or privacy.
11.1 Participation. To ensure the effective operation of the committee; it may be considered useful to have a commitment from all members actively to participate in the work and discussions of the committee. During meetings it is important that members should be given adequate opportunity to represent their views and that no organisation or one group should dominate proceedings. 11.2 Voting. It is expected that matters would be resolved by consensus The Chairman should avoid taking votes on matters other than those relating to the membership of the committee and its sub-groups. 11.3 Minutes. The minutes of the meeting should be concise, but thorough. They should reflect the range of views and advice and/or recommendations to the airport operator put forward by members and should not merely reflect the majority viewpoint on any issue.
The venue of the meeting should be decided by the committee. Unless otherwise agreed by the committee, the management of the aerodrome should arrange adequate facilities for meetings, having regard to travel convenience of members from the whole catchment. Venues should be accessible by public transport where reasonably possible. 13. Frequency of meetingsThe consultative committee should meet at least three times a year, unless the committee is satisfied that fewer meetings would suffice. 14. Administrative CostsThe expenses incurred by the committee should be met in such a way as the Committee may determine. However, the default option is for the airport, particularly if designated under s.35, to cover expenses. It would not be expected that individuals’ expenses would be met by the committee. Engaging with the Wider Community The wider local community and airport users should be made aware of the existence of the consultative committee and its role in relation to aerodrome operation. Any publicity undertaken by the aerodrome should be in proportion to the scale of the aerodrome operation. 16. Public access to meetings.The public and the press should be admitted to meetings at the discretion of the committee. It is recognised that in some circumstances public access could hinder the flow of information, possibly preventing free and frank discussion. Therefore it may be necessary to hold meetings in private when matters of a confidential or sensitive nature are being discussed.
17.1 The aerodrome should have an agreed formal procedure for recording complaints about aircraft noise and other impacts of the aerodrome on the environment. These arrangements, which should be very well publicised, should provide for complaints to be made to the aerodrome management by telephone or in writing. Complainants should normally be invited to give their name, address, telephone number and sufficient detail to enable any investigation to be carried out. 17.2 Passenger complaints could be reviewed by a passenger services sub-committee if the committee has established one. 17.3 The number and general location of complaints should be made available to the committee. 17.4 Airports might suggest that complainants if dissatisfied with the airport response contact the committee to raise the matter for discussion. However, it should be remembered that the consultative committee is a forum to raise issues of concern, not an arbiter of last resort and its recommendations are not binding on the aerodrome. So, it should not be the committee's function to investigate individual complaints as a matter of routine. Where, exceptionally, this is done, for example because of wider issues arising, the secretariat should ensure that complainants are made anonymous unless express permission has been given for their identities and addresses to be circulated.
Interaction between Airport Consultative Committees 19. The Government issues these guidelines to
assist those who are required to provide adequate facilities for
consultation under Section 35 of the Civil Aviation Act 1982 and any
aerodrome with a consultation process. It believes that local issues are
best resolved locally, through the consultative committee. It has no direct
role in the operation or conduct of consultative committees. <1>In these guidelines ‘aerodrome ‘ applies to any aerodrome, irrespective of the size of operation. The term 'airport' is used interchangeably. |