|
| |
|
(5) | The regulations have effect subject to determinations by the CAA under |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(a) | information that is in the public domain, and |
| |
(b) | information that is in the person’s custody or under the person’s |
| |
| |
(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 |
| |
| |
(a) | publish a notice of the determination, and |
| |
(b) | send a copy of the notice to each person listed in subsection (2). |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
13 | Appeals against determinations |
| |
Schedule 1 (appeals against determinations) has effect. |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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). |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(c) | consider any representations about the proposed refusal that are made |
| |
in the period specified in the notice (and not withdrawn). |
| |
| |
(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 |
| |
| |
(3) | References in this Part to licence conditions do not include provision |
| |
mentioned in subsection (1). |
| 30 |
| |
(a) | include provision about the circumstances in which it may be revoked |
| |
| |
(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 |
| |
| |
(7) | A licence is not valid unless it is in writing. |
| |
(8) | A licence is not transferable. |
| 40 |
|
| |
|