Civil Aviation Bill

Page 8, line 19, after “to” insert “operator”

Page 10, line 7, at end insert “, and

(b) a previous market power determination which would otherwise cease to have effect by virtue of section 7(9) or (10) continues to have effect until those circumstances arise.”

Page 67, line 36, at end insert—

3A (1) This paragraph applies where—

(a) the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),

(b) the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,

(c) determination A ceases to have effect in respect of all or part of area Z by virtue of section 7(9) or (10), and

(d) there is subsequently an appeal under this Schedule against determination B.

(2) If the effect of determination B is suspended under paragraph 1(3), determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(3) If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(4) If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.

(5) If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.

(6) Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.

(7) Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.

3B ”

Page 67, line 37, at end insert “, making an order under paragraph 1 or 3A”

Page 68, line 3, after “3” insert “or 3A(3) or (4)”

Page 105, line 26, after “determination” insert “on that day”

Page 106, line 19, leave out “such”

Page 106, line 38, leave out from “if” to “, and” in line 39 and insert “the CAA makes, and publishes a notice of, a determination that the market power test is not met in relation to the designated airport (subject to sub-paragraph (3A))”

Page 106, line 40, at end insert—

“(3A) During the interim period, such an order must not be revoked—

(a) during the period in which a person may appeal to the Competition Appeal Tribunal against the determination,

(b) at a time when the effect of the determination is suspended or the Secretary of State or the Department of the Environment in Northern Ireland considers that it may be suspended, or

(c) if all or part of the determination has been set aside or quashed.”

Page 107, line 14, at end insert—

“(1A) In this paragraph “the main operator’s airport area” means the whole of the area at the 2012 Act airport in respect of which the operator (as defined in this Act) on the commencement day is the person who was the operator (as defined in the 1986 Act or the 1994 Order) of the predecessor airport immediately before the commencement day.”

Page 107, line 15, leave out “, if the predecessor airport is a designated airport”

Page 107, line 16, leave out from “airport” to “, and” in line 17 and insert “is to the predecessor airport”

Page 107, line 18, leave out “the whole of the 2012 Act airport” and insert “the main operator’s airport area”

Page 107, line 18, after first “to” insert “the airport area consisting of”

Page 107, line 20, leave out “, if the predecessor airport is a designated airport”

Page 107, line 21, leave out from “airport” to end of line 22 and insert “is to the predecessor airport”

Page 107, line 24, leave out from beginning to “, and” and insert “is to services provided in the main operator’s airport area”

Page 107, line 25, leave out from first “to” to end of line 27 and insert “the airport is to the predecessor airport”

Page 107, line 30, leave out “the 2012 Act airport” and insert “the main operator’s airport area”

Page 107, line 34, leave out from first “of” to end and insert “the main operator’s airport area”

Page 107, line 35, leave out sub-paragraph (6) and insert—

“(6) In paragraph 5(3), the reference to a determination that the market power test is not met in relation to the designated airport includes a determination that it is not met in relation to an airport area that includes the whole of the predecessor airport.”

Page 107, leave out line 42 and insert “the main operator’s airport area”