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Designation of competent authority
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3. (1) FCC is designated as the competent authority for the purposes of the Aircraft Noise Regulation.
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(2) (a) Subject to paragraphs (b) and (c), the functions of the competent authority under the Aircraft Noise Regulation, this Act and the Act of 2000 (in so far as the Act of 2000 as amended by this Act confers functions on the competent authority) shall be performed by the chief executive.
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(b) Sections 148 and 154 of the Act of 2001 shall, with all necessary modifications, apply to the chief executive, this Act and the Act of 2000 as those sections apply to the chief executive and the Act of 2001.
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(c) The reference in subsection (6) of section 149 of the Act of 2001 to the functions of the chief executive shall not include the functions referred to in paragraph (a).
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(3) Subject to the other provisions of this section, the functions of the competent authority shall be treated as an executive function, within the meaning of section 149 of the Act of 2001, of FCC.
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(4) The chief executive shall be independent in the performance of the functions of the competent authority.
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(5) Without prejudice to the generality of subsection (4)—
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(a) the chief executive in performing the functions of the competent authority, and
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(b) any employee of FCC assisting the chief executive in the performance of such functions,
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shall not be subject to the direction of any other person (including the elected council acting by resolution under section 140 of the Act of 2001).
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(6) The chief executive, in performing the functions of the competent authority, may, to the extent that he or she is satisfied that it is appropriate to do so, have regard to any plan adopted by the elected council pursuant to the functions of the elected council.
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(7) (a) Subject to paragraph (b), the members of the elected council shall not influence or seek to influence—
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(i) the chief executive in his or her performance of a function of the competent authority, or
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(ii) an employee of FCC in the assistance that he or she provides to the chief executive in the performance of such function.
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(b) Paragraph (a) shall not be construed to prevent the members of the elected council from discussing the noise situation at the airport relevant to the performance of the functions of the elected council.
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(8) Nothing in this section shall operate to prevent a member of the elected council from making a submission or observation to the competent authority pursuant to and in accordance with a provision of the Aircraft Noise Regulation, this Act or the Act of 2000.
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(9) (a) The Minister shall, not less than once before—
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(i) the 7th anniversary of the date of commencement of this section, and
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(ii) the expiration of each successive period of 5 years following that 7th anniversary,
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by notice in writing appoint a person to carry out a review of the performance by the competent authority of its functions as the competent authority.
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(b) A person appointed under paragraph (a) shall, as soon as is practicable after he or she has carried out the review referred to in that paragraph, prepare and submit to the Minister a report in writing on the results of the review.
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(c) The competent authority shall, as soon as is practicable after the expiration of a local financial year of the competent authority (including, if applicable, the expiration of part of such year in the case of the first report prepared and published pursuant to this paragraph) but, in any case, not later than 3 months after such expiration, prepare, and publish on its website, a report—
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(i) in relation to the performance of its functions during such year, and
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(ii) setting out the competent authority’s work programme for the performance of its functions in the competent authority’s current local financial year.
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(10) In this section—
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“chief executive”, in relation to FCC, means the chief executive of FCC for the purposes of section 144 of the Act of 2001;
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“elected council” means the elected council, within the meaning of section 2 of the Act of 2001, of FCC.
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