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(b) the appropriate court.

(4) 30“The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales and
Northern Ireland, the Court of Appeal, or

(b) in the case of an appeal from proceedings in Scotland, the Court of
Session.

Section 55

35SCHEDULE 5 Appeals against penalties: information

Appeals against penalties

1 (1) A person may appeal to the Competition Appeal Tribunal against a penalty
imposed on the person under section 51 or 52.

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(2) The appeal may be against one or more of the following—

(a) a decision to impose the penalty;

(b) a decision as to the amount of the penalty;

(c) in the case of a penalty calculated entirely or partly by reference to a
5daily amount, a decision as to the period during which daily
amounts accumulate;

(d) a decision as to the period allowed for payment of the penalty.

(3) Where a person appeals under this paragraph against a penalty, the CAA
may not require the person to pay the penalty until the appeal is decided or
10withdrawn.

Decisions on appeal

2 (1) The Competition Appeal Tribunal may allow an appeal under paragraph 1
only to the extent that it is satisfied that the decision appealed against was
wrong on one or more of the following grounds—

(a) 15that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the penalty;

(b) 20give the CAA such directions as it considers appropriate, including
directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have
power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

(5) 25When deciding an appeal under paragraph 1 (including giving directions),
the Competition Appeal Tribunal must have regard to the matters in respect
of which duties are imposed on the CAA by section 1.

Further appeals

3 (1) An appeal lies to the appropriate court on a point of law arising from a
30decision of the Competition Appeal Tribunal under paragraph 2, including
a direction.

(2) An appeal under this paragraph may be brought by a party to the
proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the permission
35of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales and
40Northern Ireland, the Court of Appeal, or

(b) in the case of an appeal from proceedings in Scotland, the Court of
Session.

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Section 59

SCHEDULE 6 Restrictions on disclosing information

Prohibition on disclosure

1 (1) This paragraph applies to information if—

(a) 5it was obtained under or by virtue of Chapter 1 of this Part, and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information must not be disclosed—

(a) during the lifetime of the individual, or

(b) while the business continues to be carried on.

(3) 10Sub-paragraph (2) has effect subject to the following provisions of this
Schedule.

Disclosure with consent

2 Paragraph 1(2) does not apply to a disclosure made with the consent of—

(a) the individual, or

(b) 15the person for the time being carrying on the business.

Disclosure of information already available to public

3 Paragraph 1(2) does not apply to information that has been made available
to the public by being disclosed—

(a) in circumstances in which disclosure is not precluded by this
20Schedule, or

(b) for a purpose for which disclosure is not precluded by this Schedule.

Other permitted disclosures

4 (1) Paragraph 1(2) does not apply where information is disclosed—

(a) for the purpose of facilitating the carrying out of functions of a
25relevant person under a relevant statutory provision, or

(b) for the purposes of civil proceedings brought under or by virtue of a
relevant statutory provision.

(2) These are relevant persons—

(3) These are relevant statutory provisions—

and subordinate legislation made for the purpose of securing compliance
with relevant EU provisions.

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(4) These are relevant EU provisions—

(a) Articles 104 and 105 of the Treaty on the Functioning of the European
Union (competition);

(b) Directive 2005/29/EC of the European Parliament and of the
5Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market;

(c) Directive 2006/114/EC of the European Parliament and of the
Council of 12 December 2006 concerning misleading and
comparative advertising;

(d) 10Directive 2009/12/EC of the European Parliament and of the
Council of 11 March 2009 on airport charges.

5 Paragraph 1(2) does not apply where information is disclosed—

(a) in connection with the investigation of a criminal offence or for the
purposes of criminal proceedings,

(b) 15in pursuance of an EU obligation,

(c) for the purpose of facilitating the performance of a function of the
European Commission in respect of European Union law about
competition,

(d) for the purpose of enabling or assisting the Secretary of State or the
20Treasury to exercise powers conferred by or under the Financial
Services and Markets Act 2000 or by or under the enactments relating
to companies, insurance companies or insolvency,

(e) for the purpose of enabling or assisting an inspector appointed under
the enactments relating to companies to carry out functions under
25those enactments,

(f) for the purpose of enabling or assisting an official receiver to carry
out functions under the enactments relating to insolvency,

(g) for the purpose of enabling or assisting a recognised professional
body for the purposes of section 391 of the Insolvency Act 1986 or
30Article 350 of the Insolvency (Northern Ireland) Order 1989 (S.I.
1989/2405 (N.I. 19)) to carry out its functions,

(h) for the purpose of facilitating the carrying out by the Health and
Safety Executive of its functions under an enactment,

(i) for the purpose of facilitating the carrying out by an enforcing
35authority (within the meaning of Part 1 of the Health and Safety at
Work etc Act 1974) of functions under a relevant statutory provision
(within the meaning of that Act), or

(j) for the purpose of facilitating the carrying out by the Comptroller
and Auditor General of functions under any enactment.

6 40The Secretary of State may by regulations amend paragraph 4 or 5.

Offence

7 A person who discloses information in contravention of paragraph 1(2) is
guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory
45maximum, or

(b) on conviction on indictment, to imprisonment for not more than 2
years or to a fine (or both).

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Criminal liability of officers of bodies corporate etc

8 (1) Sub-paragraph (2) applies if an offence under this Schedule committed by a
body corporate—

(a) is committed with the consent or connivance of a director, manager,
5secretary or other similar officer of the body corporate or a person
who was purporting to act in such a capacity, or

(b) is attributable to neglect on the part of such a person.

(2) That person, as well as the body corporate, commits the offence.

(3) In sub-paragraph (1) “director”, in relation to a body corporate whose affairs
10are managed by its members, means a member of the body.

Section 72

SCHEDULE 7 Index of defined expressions

This Table lists expressions defined in Part 1 of this Act.

Expression Section
air traffic services 15Section 72
air transport service Section 69
airport Section 66
airport area Section 5
airport operation services Section 68
airport operator 20Section 72
area Section 5
building or other structure Section 72
the CAA Section 72
cargo Section 72
change of circumstances 25Section 72
conduct Section 72
connected Section 71
contravention Section 72
contravention notice Section 72
core area (in relation to an airport) 30Section 5
document Section 72
dominant airport Section 5
dominant area Section 5

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Expression Section
enforcement order Section 72
international obligation of the United Kingdom Section 72
land Section 72
licence 5Section 72
licence condition Section 17(3) and (5)
market power determination Section 72
market power test Section 6
modifying (in relation to licence conditions) Section 72
notice 10Section 72
operator (in relation to an airport area) Section 9
operator determination Section 10
price control condition Section 19
provider (in relation to an air transport service) Section 69
providing (in relation to a service) 15Section 72
remedying the consequences of a contravention Section 72
representation Section 72
representation period (in connection with contravention
notice)
Section 31
urgent enforcement order 20Section 72
user (in relation to an air transport service) Section 69

Section 76

SCHEDULE 8 Status of airport operators as statutory undertakers etc

Part 1 25Great Britain

Airports Act 1986 (c. 31)Airports Act 1986 (c. 31)

1 The Airports Act 1986 is amended as follows.

2 For section 57 (scope of Part 5: status of certain airport operators as statutory
undertakers etc) substitute—

57A 30Scope of Part 5

(1) In this Part “relevant airport operator” means the airport operator in
the case of an airport to which this Part applies.

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(2) This Part applies to any airport in respect of which a certificate has
been granted under this section (and has not been withdrawn).

(3) The CAA must grant a certificate under this section in respect of an
airport if, but only if—

(a) 5the airport operator applies for a certificate (and has not
withdrawn the application),

(b) the airport operator pays the charge (if any) specified in a
scheme or regulations made under section 11 of the 1982 Act,
and

(c) 10the CAA considers that, at the time, the airport is an eligible
airport.

(4) An airport is an eligible airport if—

(a) the annual turnover of the business carried on at the airport
by the airport operator exceeded £1 million in at least two of
15the last three financial years ending before the application for
the certificate is made, and

(b) the airport is not excluded by virtue of subsection (5).

(5) The excluded airports are—

(a) an airport owned by a principal council or jointly owned by
20two or more principal councils;

(b) an airport owned by an Integrated Transport Authority in
England or jointly owned by such an Authority and one or
more principal councils;

(c) an airport owned by a metropolitan county passenger
25transport authority in Scotland or jointly owned by such an
authority and one or more principal councils.

(6) The appropriate Minister may withdraw a certificate granted under
this section in respect of an airport if the appropriate Minister
considers that, at the time, the annual turnover of the business
30carried on at the airport by the airport operator in each of the last two
financial years did not exceed the sum for the time being specified in
subsection (4)(a).

(7) Before withdrawing a certificate in respect of an airport, the
appropriate Minister must consult—

(a) 35the CAA, and

(b) the airport operator.

(8) The withdrawal of a certificate does not affect any rights or liabilities
accruing by virtue of this Part before it is withdrawn.

(9) In this section—

(10) Where the person who is for the time being the airport operator in
10relation to an airport has not had its management for the whole or
any part of a period relevant for the purposes of this section,
references in this section to the business carried on at the airport by
the airport operator include a reference to the business carried on
there by any other person who was the airport operator in relation to
15the airport for the whole or any part of that period.

(11) The Secretary of State may by order substitute a greater sum for the
sum specified in subsection (4)(a).

(12) An order under subsection (11) does not affect the validity of a
certificate granted under this section before the order comes into
20force.

3 (1) Section 79 (orders and regulations) is amended as follows.

(2) In subsection (2), at the end insert “, unless it is an instrument described in
subsection (4A)”.

(3) After subsection (4) insert—

(4A) 25A statutory instrument that contains (whether alone or with other
provision) an order under section 57A(11) increasing the specified
sum by more than is necessary to reflect changes in the value of
money may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
30Parliament.

Consequential repeal

4 In Schedule 4 to the Local Transport Act 2008, omit paragraph 54(3).

Power to make provision in relation to operators of airport areas

5 (1) The Secretary of State may by regulations make provision about the
35operation of section 57A of the Airports Act 1986 in cases in which two or
more persons are operators of different areas that form part of the same
airport.

(2) Regulations under this paragraph may modify—

(a) section 57A of the Airports Act 1986, and

(b) 40any provision of an Act (including the Airports Act 1986), or of an
instrument made under an Act, which refers to or otherwise operates
by reference to a relevant airport operator or an airport to which Part
5 of the Airports Act 1986 applies.

(3) In this paragraph—

10Part 2 Northern Ireland

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)S.I. 1994/426 (N.I. 1))

6 The Airports (Northern Ireland) Order 1994 is amended as follows.

7 In Article 2(2) (interpretation), for the definition of “regulated airport”
15substitute—

8 In Part 2 (powers in relation to land exercisable in connection with airports),
before Article 3 insert—

Regulated airports

2A (1) 20In this Order “regulated airport” means an airport in respect of
which a certificate has been granted under this Article (and has not
been withdrawn).

(2) The CAA must grant a certificate under this Article in respect of
an airport if, but only if—

(a) 25the airport operator applies for a certificate (and has not
withdrawn the application),

(b) the airport operator pays the charge (if any) specified in a
scheme or regulations made under section 11 of the 1982
Act, and

(c) 30the CAA considers that, at the time, the airport is an
eligible airport.

(3) An airport is an eligible airport if the annual turnover of the
business carried on at the airport by the airport operator exceeded
£1 million in at least two of the last three financial years ending
35before the application for the certificate is made.

(4) The Department may withdraw a certificate granted under this
Article in respect of an airport if it considers that, at the time, the
annual turnover of the business carried on at the airport by the
airport operator in each of the last two financial years did not
40exceed the sum for the time being specified in paragraph (3).

(5) Before withdrawing a certificate in respect of an airport, the
Department must consult—

(a) the CAA, and

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(b) the airport operator.

(6) The withdrawal of a certificate does not affect any rights or
liabilities accruing by virtue of this Part or Article 25 or 26 before
it is withdrawn.

(7) 5In this Article—

(8) Where the person who is for the time being the airport operator in
relation to an airport has not had its management for the whole or
20any part of a period relevant for the purposes of this Article,
references in this Article to the business carried on at the airport
by the airport operator include a reference to the business carried
on there by any other person who was the airport operator in
relation to the airport for the whole or any part of that period.

(9) 25The Department may, by order made with the consent of the
Department of Finance and Personnel, substitute a greater sum for
the sum specified in paragraph (3).

(10) An order under paragraph (9) does not affect the validity of a
certificate granted under this Article before the order comes into
30force.

9 (1) Article 70 (regulations and orders) is amended as follows.

(2) In paragraph (2), after “Schedule 7” insert “and orders described in
paragraph (2A)”.

(3) After paragraph (2) insert—

(2A) 35An order under Article 2A(9) increasing the specified sum by more
than is necessary to reflect changes in the value of money may not be
made unless a draft of the order has been laid before, and approved
by a resolution of, the Assembly.

10 The amendments in paragraphs 7 to 9 are without prejudice to the power to
40make further orders amending or revoking the provisions inserted.

Power to make provision in relation to operators of airport areas

11 (1) The Secretary of State may by regulations make provision about the
operation of Article 2A of the Airports (Northern Ireland) Order 1994 in
cases in which two or more persons are operators of different areas that form
45part of the same airport.

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(2) Regulations under this paragraph may modify—

(a) Article 2A of the Airports (Northern Ireland) Order 1994, and

(b) any provision of Northern Ireland legislation (including the Airports
(Northern Ireland) Order), or of an instrument made under Northern
5Ireland legislation, which refers to or otherwise operates by
reference to a regulated airport or an airport operator of such an
airport.

(3) In this paragraph—

Section 76

SCHEDULE 9 Regulation of operators of dominant airports: consequential provision

Fair Trading Act 1973 (c. 41)Fair Trading Act 1973 (c. 41)

1 20Omit section 93B (false or misleading information provided to Competition
Commission in connection with functions under Airports Act 1986).

Airports Act 1986 (c. 31)Airports Act 1986 (c. 31)

2 The Airports Act 1986 is amended as follows.

3 (1) Section 74 (restriction on disclosure of information) is amended as follows.

(2) 25In subsection (3)—

(a) omit paragraph (ll), and

(b) after paragraph (w) insert—

(x) Part 1 of the Civil Aviation Act 2012.

(3) In subsection (4)—

(a) 30leave out paragraph (a), and

(b) in paragraph (b), for “such a report” substitute “a report of the
Competition Commission under section 45”.

4 (1) Section 82 (general interpretation) is amended as follows.

(2) In subsection (1), in paragraph (a) of the definition of “user”, for “the
35definition of “relevant activities” in section 36(1)” substitute “subsection
(1A)”.

(3) After that subsection insert—

(1A) The services and facilities mentioned in the definition of “user” in
subsection (1) are services or facilities provided at an airport for the
40purposes of—

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(a) the landing, parking or taking off of aircraft,

(b) the servicing of aircraft (including the supply of fuel), or

(c) the handling of passengers or their baggage or of cargo at all
stages while on airport premises.

(1B) 5The services and facilities mentioned in subsection (1A)(c)—

(a) include services and facilities provided for the purposes of
the transfer of passengers, their baggage or cargo to and from
aircraft, but

(b) do not include facilities for car parking, for the refreshment of
10passengers or for the supply of consumer goods or services.

(4) In subsection (3) omit “or 37”.

Water Act 1989 (c. 15)Water Act 1989 (c. 15)

5 In section 174(3) of the Water Act 1989 (exceptions from restrictions on
disclosure of information), after paragraph (m) insert—

(n) 15Part 1 of the Civil Aviation Act 2012.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

6 In Part 2 of Schedule 15 to the Water Industry Act 1991 (enactments
conferring functions for the purposes of which information may be
disclosed), at the end insert—

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

7 In Part 2 of Schedule 24 to the Water Resources Act 1991 (enactments
conferring functions for the purposes of which information may be
disclosed), at the end insert—

Railways Act 1993 (c. 43)Railways Act 1993 (c. 43)

8 In section 145(3) of the Railways Act 1993 (exceptions from restrictions on
disclosure of information), after paragraph (r) insert—

(s) Part 1 of the Civil Aviation Act 2012.

30Competition Act 1998 (c. 41)Competition Act 1998 (c. 41)

9 In paragraph 19A of Schedule 7 to the Competition Act 1998 (performance
of Commission’s general functions: rules of procedure), in the definition of
“special reference group” in sub-paragraph (9), omit paragraphs (c) and (j).

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

10 35In section 235(3) of the Greater London Authority Act 1999 (exceptions from
restrictions on disclosure of information), after paragraph (s) insert—

(t) Part 1 of the Civil Aviation Act 2012.

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Utilities Act 2000 (c. 27)Utilities Act 2000 (c. 27)

11 In section 105(6) of the Utilities Act 2000 (exceptions from restrictions on
disclosure of information), after paragraph (w) insert—

(x) Part 1 of the Civil Aviation Act 2012.

5Transport Act 2000 (c. 38)Transport Act 2000 (c. 38)

12 In paragraph 3(3) of Schedule 9 to the Transport Act 2000 (exceptions from
restrictions on disclosure of information), after paragraph (re) insert—

(rf) Part 1 of the Civil Aviation Act 2012;.

Enterprise Act 2002 (c. 40)Enterprise Act 2002 (c. 40)

13 10The Enterprise Act 2002 is amended as follows.

14 (1) Section 168 (regulated markets) is amended as follows.

(2) In subsection (3)—

(a) omit paragraph (b), and

(b) at the end insert—

(q) 15modifying the conditions of a licence granted under
Chapter 1 of Part 1 of the Civil Aviation Act 2012.

(3) In subsection (4)—

(a) omit paragraph (b), and

(b) at the end insert—

(s) 20in relation to a licence granted under Chapter 1 of Part
1 of the Civil Aviation Act 2012, the duties of the Civil
Aviation Authority under section 1 of that Act.

15 In Schedule 15 (enactments conferring functions for the purposes of which
information may be disclosed), at the end insert—

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

16 (1) Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders)
is amended as follows.

(2) In Part 3 (category 2 responders: general), after paragraph 26 insert—

26A 30A person who, for the purposes of Part 1 of the Civil Aviation Act
2012, is an operator of an airport area that consists of or forms part
of an airport in Great Britain.

(3) In Part 4 (category 2 responders: Scotland), after paragraph 36 insert—

36A A person who, for the purposes of Part 1 of the Civil Aviation Act
352012, is an operator of an airport area that consists of or forms part
of an airport in Scotland.

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Further repeals and revocations

17 The following repeals and revocations are consequential on section 76(1)
and (2) and the preceding paragraphs of this Schedule.

Act or instrument Extent of repeal or revocation
Companies Act 1989 (c. 40) 5Section 151.
Airports (Northern Ireland)
Order 1994 (S.I. 1994/426
(N.I. 1))
In Schedule 9, paragraph 10.

Scotland Act 1998 (Transfer of
Functions to Scottish
Ministers) Order 1999
(S.I. 1999/1750)
In Schedule 1, in the entry in respect of the
10Airports Act 1986, the word “37(5),”.

Enterprise Act 2002 (c. 40)

In Schedule 9—

(a)

15paragraphs 2(2) and (4) and 3;

(b)

paragraphs 11(2) and (4) and 12.


In Schedule 25—

(a)

20paragraph 5(4)(b);

(b)

paragraph 14(3) to (5);

(c)

paragraph 33(3) to (6).


Transport Act 2000 (c. 38) In Schedule 8, paragraph 10.
Civil Aviation Act 2006 (c. 34) 25In Schedule 2, paragraph 5.
Serious Crime Act 2007 (c. 27)

In Schedule 6—

(a)

paragraph 10;

(b)

paragraph 26.


30

Section 76

SCHEDULE 10 Regulation of operators of dominant airports: transitional provision

Part 1 Regulation

35Definitions

1 In this Part of this Schedule—

Market power determinations: designated airports

2 (1) This paragraph applies where, immediately before the commencement day,
5an airport is a designated airport.

(2) The market power test is to be treated as met on the commencement day in
relation to the airport area consisting of the whole of the airport.

(3) Part 1 of this Act has effect on and after the commencement day as if the
CAA

(a) 10had made a determination to that effect on the commencement day,
and

(b) had published a notice of the determination on that day in
accordance with section 8.

(4) In section 7(5) (disapplication of CAA’s duty to make market power
15determination), the reference to a market power determination previously
made by the CAA does not include a determination treated as made by
virtue of sub-paragraph (3).

(5) Section 8(3) (CAA’s reasons for determination) does not apply in relation to
the notice treated as published under sub-paragraph (3).

(6) 20A person may not appeal under Schedule 1 against the market power
determination treated as made under sub-paragraph (3).

Exemption from prohibition for designated airports during interim period

3 (1) This paragraph applies where, immediately before the commencement day,
an airport is a designated airport.

(2) 25Nothing in Chapters 1 and 3 of this Part prevents a person from requiring
payment of, or recovering, charges in respect of services provided at the
airport during the shorter of the following periods—

(a) the interim period;

(b) the period beginning with the commencement day and ending with
30the day on which the airport ceases to be a designated airport.

Designation and de-designation before commencement day

4 (1) In section 7(5) (disapplication of CAA’s duty to make market power
determination), the reference to a market power determination previously
made by the CAA in relation to an airport area (or an area that includes all
35of a particular airport area) includes any of the following that are made on
or after 10 November 2011—

(a) an order designating the airport at which the area is located for the
purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;

(b) an order revoking the designation of that airport for those purposes;

(c) 40a decision by the Secretary of State or the Department of the
Environment in Northern Ireland not to make an order mentioned in
paragraph (a) or (b).

(2) Where—

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