Civil Aviation Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Civil Aviation Bill

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports
8

(5)
The regulations have effect subject to determinations by the CAA under
section 10.
10
Operator determinations
(1)
The CAA may determine whether, in a particular case, a person has overall
responsibility for the management of an airport area.
5
(2)
A determination under subsection (1) is an “operator determination” for the
purposes of this Part if the CAA states in the determination that it is made for
the purposes of this section.
(3)
If the CAA publishes a notice of an operator determination in relation to a
person, the person is to be treated for the purposes of this Part as having or not
10
having overall responsibility for the management of the airport area in
accordance with the determination until the CAA publishes a notice
withdrawing it.
(4)
When making an operator determination in relation to a person, the CAA must
have regard, in particular, to—
15
(a)
regulations under section 9, and
(b)
the extent to which the person controls or may control the matters listed
in section 9(4).
(5)
The CAA must make an operator determination in respect of a person and an
area that consists of or forms part of a dominant airport if it is asked to do so
20
by the person.
(6)
Subsection (5) does not apply if—
(a)
the CAA has previously made an operator determination to the effect
that the person requesting the determination does or does not have
overall responsibility for the management of the airport area,
25
(b)
it has not published a notice withdrawing that determination, and
(c)
it considers that there has not been a material change of circumstances
since that determination.
(7)
Subsection (5) does not apply if the CAA considers that it is possible to
ascertain whether the person has overall responsibility for the management of
30
the area from—
(a)
information that is in the public domain, and
(b)
information that is in the person’s custody or under the person’s
control.
(8)
The CAA may treat a request under subsection (5) in respect of an airport area
35
(“area A”) as if it were—
(a)
a number of requests in respect of a number of airport areas that consist
of or include different parts of area A, or
(b)
a request in respect of an area that includes all of area A.
11
Publication of operator determinations
40
(1)
As soon as practicable after making an operator determination the CAA
must—
(a)
publish a notice of the determination, and
(b)
send a copy of the notice to each person listed in subsection (2).

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports
9

(2)
Those persons are—
(a)
the person in respect of whom the determination was made, and
(b)
such bodies representing airport operators or providers of air transport
services as the CAA considers appropriate.
(3)
The notice of the determination must include the statement under section 10(2).
5
(4)
As soon as practicable after withdrawing an operator determination the CAA
must—
(a)
publish a notice of the withdrawal, and
(b)
send a copy of the notice to each person listed in subsection (2).
(5)
If a notice under subsection (1) or (4) does not include the CAA’s reasons for
10
the determination or withdrawal, the CAA must as soon as practicable after
publishing the notice—
(a)
publish its reasons, and
(b)
send a copy of them to each person listed in subsection (2).
12
Advance determinations
15
(1)
The CAA may make a market power determination or an operator
determination based entirely or partly on circumstances that have not arisen at
the time the determination is made.
(2)
The CAA must specify the circumstances in the determination.
(3)
The CAA may make a determination in reliance on subsection (1) only if it
20
considers that the specified circumstances are likely to arise.
(4)
Sections 8 and 11 do not require the CAA to publish or send a copy of a notice
of a determination made in reliance on subsection (1), or reasons for such a
determination, at a time when—
(a)
the circumstances specified in the determination have not arisen, and
25
(b)
it considers that doing so would involve disclosing commercially
sensitive information.
(5)
If a notice of a market power determination made in reliance on subsection (1)
is published before the circumstances specified in the determination arise, an
airport area or airport is not dominant by virtue of the determination until
30
those circumstances arise.
(6)
If a notice of an operator determination made in reliance on subsection (1) is
published before the circumstances specified in the determination arise, a
person is not to be treated as having or not having overall responsibility for the
management of an airport area by virtue of the determination until those
35
circumstances arise.
13
Appeals against determinations
Schedule 1 (appeals against determinations) has effect.

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports
10

Licences
14
Application for licence
(1)
An application for a licence—
(a)
must be made in the specified form and manner,
(b)
must contain or be accompanied by the specified information, and
5
(c)
must be published by the applicant in the specified form and manner
and within a period notified to the applicant by the CAA.
(2)
On an application made and published in accordance with subsection (1), the
CAA must—
(a)
grant the licence (see section 15), or
10
(b)
refuse to grant the licence (see section 16),

unless the application is withdrawn.
(3)
Subsection (4) applies if a person who is the operator of an airport area (“area
A”) on a day on which area A becomes a dominant area located at a dominant
airport, or part of such an area, does not have a licence in respect of area A on
15
that day.
(4)
The person is to be treated as having made and published an application for
such a licence in accordance with subsection (1).
(5)
In subsection (1) “specified” means specified by the CAA.
(6)
The CAA must publish a copy of the matters specified for the purposes of
20
subsection (1).
15
Granting licence
(1)
Before granting a licence the CAA must—
(a)
publish a notice in relation to the proposed licence,
(b)
send a copy of the notice to the persons listed in subsection (2), and
25
(c)
consider any representations about the proposal to grant the licence,
including the proposed conditions, that are made in the period
specified in the notice (and not withdrawn).
(2)
Those persons are—
(a)
the applicant for the licence, and
30
(b)
such bodies representing airport operators or providers of air transport
services as the CAA considers appropriate.
(3)
A notice under subsection (1) must—
(a)
state that the CAA proposes to grant the licence to the applicant,
(b)
specify the airport area for which it is to be granted,
35
(c)
specify the airport at which the area is located,
(d)
specify the conditions proposed to be included in the licence,
(e)
give the CAA’s reasons for the proposed conditions, and
(f)
specify a reasonable period for making representations.
(4)
The CAA may withdraw a notice under subsection (1) at any time.
40
(5)
If, after complying with subsections (1) to (3), the CAA decides to grant the
licence, it must—

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports
11

(a)
publish a copy of the licence and a notice in relation to the licence, and
(b)
send a copy of the licence and the notice to the persons listed in
subsection (2).
(6)
The CAA is not to be treated as having complied with subsections (1) to (3) in
relation to a licence granted to an applicant for an area if the conditions
5
included in the licence when it is granted differ significantly from the
conditions proposed in the notice under subsection (1) relating to the applicant
and the area (or, if more than one, the latest such notice).
(7)
A notice under subsection (5) must—
(a)
specify the date from which the licence comes into force (subject to
10
subsection (9)),
(b)
give the CAA’s reasons for the conditions included in the licence,
(c)
state how it has taken account of any representations made in the
period specified in the notice under subsection (1), and
(d)
state the reason for any differences between the conditions included in
15
the licence and those proposed in the notice under subsection (1).
(8)
The date specified under subsection (7)(a) must be a date falling after the end
of the period of 6 weeks beginning with the day on which the notice under
subsection (5) was published.
(9)
If the CAA grants a licence to a person in respect of an airport area at a time
20
when the person is not the operator of any part of the area, the licence does not
come into force until the person becomes the operator of all or part of the area.
16
Refusing to grant licence
(1)
The CAA may refuse to grant a licence for an airport area if—
(a)
the CAA considers that the applicant is not the operator of the area and
25
is not likely to become the operator of the area,
(b)
the area is not a dominant area (or part of a dominant area) and the
CAA considers that it is not likely to become a dominant area (or part
of a dominant area),
(c)
the airport at which the area is located is not a dominant airport and the
30
CAA considers that it is not likely to become a dominant airport,
(d)
the applicant is a person falling within subsection (2), or
(e)
the applicant is connected to a person falling within subsection (2).
(2)
A person falls within this subsection if—
(a)
the person has previously held a licence in respect of the airport area
35
that is the subject of the application or an area that included all or part
of that airport area, and
(b)
the licence was revoked in accordance with a relevant provision of the
licence.
(3)
For the purposes of subsection (2)(b) a provision is a relevant provision of the
40
licence if it states that revocation of the licence entirely or partly in reliance on
that provision is relevant for the purposes of this section.
(4)
Before refusing to grant a licence, the CAA must—
(a)
publish a notice in relation to the proposed refusal,
(b)
send a copy of the notice to the persons listed in subsection (5), and
45

Civil Aviation Bill
Part 1 — Airports
Chapter 1 — Regulation of operators of dominant airports
12

(c)
consider any representations about the proposed refusal that are made
in the period specified in the notice (and not withdrawn).
(5)
Those persons are—
(a)
the applicant for the licence, and
(b)
such bodies representing airport operators or providers of air transport
5
services as the CAA considers appropriate.
(6)
A notice under subsection (4) must—
(a)
state that the CAA proposes to refuse to grant the licence,
(b)
specify the airport area in respect of which the application was made,
(c)
specify the airport at which the area is located, and
10
(d)
give the CAA’s reasons for the proposed refusal.
(7)
The period specified in the notice must be a period of not less than 30 days
beginning with the day on which the notice is published.
(8)
The CAA may withdraw a notice under subsection (4) at any time.
(9)
If, after complying with subsections (4) to (7), the CAA decides to refuse to
15
grant the licence, it must—
(a)
publish a notice of its decision, and
(b)
send a copy of the notice to the persons listed in subsection (5).
(10)
A notice under subsection (9) must—
(a)
specify the airport area in respect of which the application was made,
20
(b)
specify the airport at which the area is located, and
(c)
give the CAA’s reasons for the refusal.
17
Content and effect of licence
(1)
A licence must include provision specifying—
(a)
the airport area for which it is granted, and
25
(b)
the airport at which the area is located.
(2)
The specified area may consist of two or more separate areas if they form part
of the same airport.
(3)
References in this Part to licence conditions do not include provision
mentioned in subsection (1).
30
(4)
A licence must—
(a)
include provision about the circumstances in which it may be revoked
by the CAA, and
(b)
provide that it may be revoked only in accordance with section 48.
(5)
References in this Part to licence conditions include provision mentioned in
35
subsection (4), except in section 21(6).
(6)
A licence continues in force until it is revoked in accordance with its
provisions.
(7)
A licence is not valid unless it is in writing.
(8)
A licence is not transferable.
40