P ART 2 K EY CONCEPTS 15 Chargeable passengers and exemptions 2 Meaning of chargeable passenger (1) Every person carried on a flight that begins at an airport in Scotland is a chargeable passenger unless— (a) the person is working during the flight, or 20 (b) the person is a non-chargeable passenger in relation to the flight under any of sections 2A to 2E or regulations made under section 8. (2) A person is to be regarded as working during a flight only if the person is carried on the flight for the sole purpose of doing any of the following during the flight— (a) acting as a member of the flight crew or as a cabin attendant, 25 (b) ensuring the hygienic preparation and handling of food and drink, SP Bill 3B Session 5 (2017) 2 Air Departure Tax (Scotland) Bill Part 2—Key concepts (c) carrying out work relating to the safety or security of the aircraft or of passengers or goods carried on the aircraft (which includes escorting a passenger or goods), (d) carrying out repairs or maintenance on the aircraft. 2A Passengers not carried for reward 5 (1) A passenger is a non-chargeable passenger in relation to a flight if— (a) the passenger is carried on the flight in one of the circumstances set out in subsection (2), and (b) the passenger is not carried for reward. (2) The circumstances are— 10 (a) the aircraft operator is required by an enactment to carry the passenger (for example, where immigration legislation requires the operator to repatriate a person who is refused entry to the United Kingdom), (b) the aircraft operator carries the passenger to facilitate an inspection, by the passenger, of the aircraft or its flight crew (for example, where the person is a 15 Civil Aviation Authority flight operations inspector), (c) the flight lands within the period of 72 hours before the passenger starts working in relation to any aircraft, and the passenger is carried on the flight for the sole purpose of positioning the passenger to undertake the work, (d) the flight departs within the period of 72 hours after the passenger finishes 20 working in relation to any aircraft, and the passenger is carried on the flight for the sole purpose of repositioning the passenger to where the passenger ordinarily operates or is ordinarily stationed. (3) A person is to be regarded as working in relation to an aircraft only if— (a) the passenger is working during a flight of the aircraft (as defined in section 2(2)), 25 or (b) the passenger is doing anything specified in section 2(2)(b) to (d) in relation to the aircraft before or after a flight of the aircraft. (4) In this section, ―reward‖, in relation to the carriage of a passenger, includes any form of consideration received or to be received wholly or partly in connection with the carriage, 30 irrespective of the person by whom or to whom the consideration has been or is to be given. 2B Passengers under the age of 16 A passenger is a non-chargeable passenger in relation to a flight if— (a) the passenger is a child who— 35 (i) has not reached the age of 2 before the departure date of the flight, and (ii) is not allocated a separate seat before first boarding the aircraft, or (b) the passenger is a child who— (i) has not reached the age of 16 before the departure date of the flight, (ii) is issued with a ticket for the flight and for every other flight (if any) that is 40 covered by the same agreement for carriage, and Air Departure Tax (Scotland) Bill 3 Part 2—Key concepts (iii) will, according to the agreement for carriage, have standard class travel on every flight covered by the agreement for carriage. 2C Passengers carried on connected flights If a passenger is carried on two or more connected flights, the passenger is a non- 5 chargeable passenger in relation to the second connected flight and each subsequent connected flight. 2D NATO passengers (1) A passenger is a non-chargeable passenger in relation to a flight if— (a) the passenger is a NATO passenger who is carried on the flight in that capacity, 10 (b) one of the following applies— (i) the aircraft operator is a NATO visiting...