Appendix 1
S.I. 2011/2491: memorandum from the Department
for Transport
Airport Charges Regulations 2011
(S.I. 2011/2491)
By a letter dated 23rd November 2011 the Committee
has asked for a memorandum in response to the following instruction:
Explain the reference to "the
operator" in regulation 33(1)(b).
The Civil Aviation Authority ("CAA") serves
things, or gives notices, to persons by virtue of the following
provisions of the Airport Charges Regulations 2011:
(a) Regulation 5(1)(b) - relating to the placement
by the CAA of requirements on airport operators to report passenger
movements;
(b) Regulation 16(2)(a), 16(4)(a), 16(5)(a)
(and paragraph 5(1) of Schedule 1) - relating to obligations of
airport users to provide information;
(c) Regulation 21(7) - relating to compliance
orders concerning the conduct of an airport operator.
The provisions relating to the reporting of passenger
movements and to compliance orders apply only as regards airport
operators. The provisions relating to obligations of airport users
involve the giving of notice to persons who may colloquially be
referred to as "airline operators". However, the Regulations
do not use this expression or otherwise refer to airport users
as any form of "operators".
The consequence is that there is no defined "operator"
for the purposes of giving notice under Regulation 16 or Schedule
1. Hence when notice is to be given to an airport user in this
context, the safer view is that the Regulations make no provision
for leaving a notice at an airport user's proper address. This
is an error. Regulation 33(1)(b) should have said "by leaving
it at that person's proper address" which would have been
consistent with Regulations 33(1)(a) and 33(2). The CAA, to which
this point is most directly relevant, has been advised. The Department
do not expect this to cause significant practical difficulty but
will make sure that this is revised at the next opportunity.
Department for Transport
28 November 2011
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