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In force since 2026-04-06, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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No one has proposed a change to this act yet.
The CAA may impose a penalty on a person if it has determined that the person is contravening, or has contravened, a requirement of— (a) an enforcement order, or (b) an urgent enforcement order that has been confirmed.
Propose a change(1) Before imposing a penalty on a person under section 39 or 40 the CAA must— (a) give the person a notice about the proposed penalty, (b) publish the notice as soon as practicable, (c) send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and (d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn). (2) A notice under subsection (1) must— (a) state that the CAA proposes to impose a penalty, (b) state the proposed amount of the penalty, (c) specify the relevant licence condition or requirement, and (d) specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement. (3) In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43(2)), a notice under subsection (1) must specify— (a) the day on which daily amounts would begin to accumulate, and (b) the day on which, or the circumstances in which, they would cease to accumulate. (4) The period specified in a notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person. (5) Before varying the proposed amount of the penalty, the CAA must— (a) give the person on whom the penalty is to be imposed a notice about the proposed variation, (b) publish the notice as soon as practicable, (c) send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and (d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn). (6) In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43(2)), the reference in subsection (5) to varying the proposed amount of the penalty includes varying— (a) the day on which daily amounts would begin to accumulate, and (b) the day on which, or circumstances in which, they would cease to accumulate. (7) The notice under subsection (5) must— (a) specify the proposed variation, and (b) give the CAA's reasons for the proposed variation. (8) The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person. (9) The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty. (10) As soon as practicable after giving a notice under subsection (9), the CAA must— (a) publish the notice, and (b) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Propose a change(1) As soon as practicable after imposing a penalty under section 39 or 40 the CAA must— (a) give a notice to the person on whom the penalty is imposed, (b) publish the notice, and (c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate. (2) The notice must— (a) state that the CAA has imposed the penalty, (b) state the amount of the penalty, (c) specify the relevant licence condition or requirement, (d) specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement, and (e) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid. (3) In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43(2)), the notice must specify— (a) the day on which daily amounts begin to accumulate, and (b) the day on which, or the circumstances in which, they cease to accumulate. (4) As soon as practicable after daily amounts cease to accumulate, the CAA must— (a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate, (b) publish the notice, and (c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Propose a change(1) The amount of a penalty imposed on a person under section 39 or 40 must be such amount as the CAA determines to be— (a) appropriate, and (b) proportionate to the contravention for which it is imposed. (2) The penalty may consist of either or both of the following— (a) a fixed amount (see section 44); (b) a daily amount (see section 45). (3) In determining the amount of a penalty, the CAA must have regard, in particular, to— (a) any representations made to it in a period specified in a notice proposing the penalty given under section 41(1) or (5) (and not withdrawn), (b) any steps taken by the person on whom the penalty is to be imposed towards complying with the licence condition or requirement specified in the notice under section 41(1), and (c) any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.
Propose a change(1) A penalty imposed on a person (“P”) under section 39 or 40 for a contravention may not consist of or include a fixed amount exceeding 10% of P's qualifying turnover for the qualifying period. (2) P's qualifying turnover is— (a) P's turnover from activities carried on at the airport at which, or in connection with which, the contravention occurred or is occurring (“the qualifying airport”), and (b) the turnover of persons connected to P from such activities. (3) The qualifying period is the last regulatory year ending on or before the day on which the notice proposing the penalty is given under section 41(1) (“the notice day”), except in the cases described in subsection (4). (4) Those cases are— (a) where P was not the operator of an area at the qualifying airport throughout the last regulatory year that ends on or before the notice day; (b) where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day; (c) where P has not provided the CAA with accounts prepared in accordance with the licence for the last regulatory year that ends on or before the notice day. (5) In those cases— (a) if P was the operator of an area at the qualifying airport on the notice day, the qualifying period is the year ending with the notice day (or, if shorter, the period ending with the notice day during which P was the operator of such an area), and (b) if P was not the operator of such an area on the notice day, the qualifying period is the year ending with the last day before the notice day on which P was the operator of such an area (or, if shorter, the period ending with that day during which P was the operator of such an area). (6) P's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover for that period as reported in accounts which P is required to prepare by a licence condition, unless regulations under subsection (7) provide otherwise. (7) The Secretary of State may by regulations— (a) amend or otherwise modify the definition of qualifying turnover, and (b) make provision about how a person's qualifying turnover for a qualifying period is to be calculated. (8) The regulations may, in particular— (a) make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period, (b) provide that a person's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover reported in accounts specified or described in the regulations, and (c) provide that a person's qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations. (9) In this section “regulatory year” means a year for which P was required to prepare accounts by a licence condition in respect of an area at the qualifying airport.
Propose a change(1) In relation to a penalty under section 39 or 40, a daily amount is an amount payable where the contravention in respect of which the penalty is imposed continues after it is imposed. (2) A penalty under section 39 may not consist of or include a daily amount unless that contravention has been continuous since the end of the representation period for the contravention notice in which the contravention was specified. (3) A daily amount must not exceed 0.1% of the person's qualifying turnover for the qualifying period. (4) A daily amount is payable in respect of each day in a period specified by the CAA in the notice under section 42 stating that it has imposed the penalty. (5) A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (6) and (7). (6) The period must begin after the day on which the CAA gives the notice under section 42. (7) The period must end before— (a) the day on which the contravention specified in the notice under section 42 ceases, or (b) if more than one contravention is specified in that notice, the day on which the last of those contraventions ceases. (8) In this section “qualifying turnover” and “qualifying period” have the same meaning as in section 44.
Propose a change(1) Before exercising a power listed in subsection (3), the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998. (2) The CAA must not exercise such a power to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998. (3) Those powers are— (a) the power to give a contravention notice under section 31; (b) the power to give an enforcement order under section 33; (c) the powers to give and confirm an urgent enforcement order under sections 35 and 36; (d) the powers to impose penalties under sections 39 and 40.
Propose a changeSchedule 3 (appeals against orders and penalties) has effect.
Propose a change(1) A licence may be revoked by the CAA by giving a notice to the holder of the licence. (2) The CAA may give a notice revoking a licence only in circumstances specified in the licence in accordance with section 17. (3) Before revoking a licence, the CAA must— (a) notify the holder of the licence that it intends to revoke the licence, giving its reasons, and (b) give the holder of the licence an opportunity to make representations. (4) The CAA must not give a notice revoking a licence before the end of the period of 30 days beginning with the day on which the CAA notifies the holder of the licence in accordance with subsection (3), unless the holder of the licence agrees otherwise. (5) A notice revoking a licence takes effect at the end of the period specified in the notice (subject to paragraph 1(3) of Schedule 4). (6) 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 given. (7) The CAA may extend the period specified in the notice at any time before the end of that period by giving a notice to the holder of the licence. (8) The CAA may only extend the period once and only by up to 30 days. (9) The CAA may withdraw a notice revoking a licence at any time before it takes effect by giving a further notice to the holder of the licence. (10) A notice under subsection (1) or (9) must give the CAA's reasons for revoking the licence or withdrawing a notice revoking the licence (as appropriate). (11) As soon as practicable after giving a notice under subsection (1), (7) or (9), the CAA must— (a) publish the notice, and (b) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Propose a changeSchedule 4 (appeals against revocation of licence) has effect.
Propose a change(1) The CAA may by notice require a person to provide— (a) information, or (b) a document that is in the person's custody or under the person's control. (2) The CAA may give a notice under this section only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under this Chapter. (3) The notice may require the information or document to be provided— (a) at a time and place specified in the notice, and (b) in a form and manner specified in the notice. (4) The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court. (5) “The appropriate court” means— (a) in relation to England and Wales and Northern Ireland, the High Court, and (b) in relation to Scotland, the Court of Session.
Propose a change(1) If a person fails to comply with a notice under section 50 without reasonable excuse, the CAA may do either or both of the following— (a) impose a penalty on the person; (b) enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988. (2) The amount of the penalty must be such amount as the CAA determines to be— (a) appropriate, and (b) proportionate to the failure in respect of which it is imposed. (3) A penalty may consist of either or both of the following— (a) a fixed amount; (b) an amount payable in respect of each day in a period specified by the CAA (a “daily amount”). (4) A fixed amount must not exceed £2,000,000. (5) A daily amount must not exceed £100,000. (6) A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8). (7) The period must begin after the day on which the CAA gives the notice under section 54(1) stating that it has imposed the penalty. (8) The period must end before the day on which the person provides the information or documents specified in the notice under section 50. (9) The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5).
Propose a change(1) The CAA may impose a penalty on a person if, in relevant circumstances, the person provides information to the CAA that is false or misleading in a material respect and— (a) the person knows that the information is false or misleading, or (b) the person is reckless as to whether the information is false or misleading. (2) A person provides information in relevant circumstances if the person does so— (a) in accordance with a licence condition, (b) in response to a notice under section 50, or (c) knowing that the CAA is likely to use the information for the purpose of carrying out its functions under this Chapter. (3) The CAA may impose a penalty on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under section 50. (4) The amount of a penalty imposed on a person under this section must be such amount as the CAA determines to be— (a) appropriate, and (b) proportionate to the action in respect of which it is imposed.
Propose a change(1) Before imposing a penalty on a person under section 51 or 52 the CAA must— (a) give the person a notice about the proposed penalty, (b) publish the notice as soon as practicable, (c) send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and (d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn). (2) The notice under subsection (1) must— (a) state that the CAA proposes to impose a penalty, (b) state the proposed amount of the penalty, and (c) give the CAA's reasons for imposing the penalty. (3) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify— (a) the day on which daily amounts would begin to accumulate, and (b) the day on which, or the circumstances in which, they would cease to accumulate. (4) The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person. (5) Before varying the proposed amount of the penalty, the CAA must— (a) give the person on whom the penalty is to be imposed a notice about the proposed variation, (b) publish the notice as soon as practicable, (c) send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and (d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn). (6) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying— (a) the day on which daily amounts would begin to accumulate, and (b) the day on which, or circumstances in which, they would cease to accumulate. (7) The notice under subsection (5) must— (a) specify the proposed variation, and (b) give the CAA's reasons for the proposed variation. (8) The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person. (9) The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty. (10) As soon as practicable after giving a notice under subsection (9), the CAA must— (a) publish the notice, and (b) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Propose a change(1) As soon as practicable after imposing a penalty on a person under section 51 or 52, the CAA must— (a) give a notice to the person on whom the penalty is imposed, (b) publish the notice, and (c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate. (2) The notice must— (a) state that the CAA has imposed the penalty, (b) state the amount of the penalty, (c) give the CAA's reasons for imposing the penalty, and (d) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid. (3) In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice must specify— (a) the day on which daily amounts begin to accumulate, and (b) the day on which, or the circumstances in which, they cease to accumulate. (4) As soon as practicable after daily amounts cease to accumulate, the CAA must— (a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate, (b) publish the notice, and (c) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Propose a changeSchedule 5 (appeals against penalties: information) has effect.
Propose a change(1) The CAA may not impose a penalty on a person under section 39, 40 or 51 for an act or omission if it has imposed a penalty on the person under one of those sections in respect of the same act or omission. (2) Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.
Propose a change(1) This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under— (a) section 42, or (b) section 54. (2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838. (3) The CAA may recover from the person as a debt due to the CAA— (a) the unpaid balance, and (b) any interest on the penalty that has not been paid. (4) Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.
Propose a change(1) The CAA must prepare and publish a statement of its policy with respect to— (a) imposing penalties under this Chapter, and (b) determining their amount. (2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement. (3) When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed. (4) When preparing or revising a statement of policy, the CAA must consult such persons as it considers appropriate.
Propose a change(1) Nothing in this Chapter requires the CAA to publish or otherwise disclose any information which it is satisfied is— (a) commercial information, the disclosure of which would, or might in the CAA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or (b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA's opinion, significantly harm the individual's interests. (2) Schedule 6 (restrictions on disclosing information) has effect.
Propose a change(1) The functions of the Competition and Markets Authority (“the CMA”) specified in subsection (2) are to be concurrent functions of the CAA and the CMA. (2) Those functions are the CMA’s functions under Part 4 of the Enterprise Act 2002 (market investigations), other than functions under sections 166 , 167C, 171 and 174E, so far as those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to the provision of airport operation services.... (3) References to the CMA in the following are to be read as including a reference to the CAA— (a) Part 4 of the Enterprise Act 2002, other than sections 166 , 167C , 171 and 174E, and (b) provisions of that Act applied by that Part. (3A) References to section 5 of the Enterprise 2002 in Part 4 of that Act must be read as including a reference to section 64(1) of this Act. (4) But ...— (a) subsections (3) and (3A) apply only so far as they are consequential on subsections (1) and (2), and (b) subsection (3) applies only if the context does not otherwise require. (4A) Section 130A of the Enterprise Act 2002 is to have effect in its application to the CAA by virtue of subsections (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Civil Aviation Authority— (a) is proposing to carry out its functions under section 64(1) of the Civil Aviation Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). , and (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the provision of airport operation services (within the meaning given by section 68 of the Civil Aviation Act 2012)”.
Propose a change(1) Before the Competition and Markets Authority (“the CMA”) or the CAA first carries out functions specified in section 60(2) (“relevant 2002 Act functions”) in relation to a matter it must consult the other. (2) If the CMA or the CAA has carried out relevant 2002 Act functions in relation to a matter, the other must not carry out those functions in relation to that matter. (3) Subsections (4) to (6) apply if, in carrying out relevant 2002 Act functions, the CAA makes a market investigation reference (under section 131 of the 2002 Act). (4) The CAA must give to the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference any information in the CAA's possession or control— (a) which is requested by the group for the purpose of the reference, or (b) which the CAA considers it appropriate to give to the group for that purpose. (5) The CAA must give the CMA group any other assistance requested by the group for the purpose of the reference which it is within the CAA's power to give. (6) In carrying out its investigation on the reference the CMA group must take account of any information given to it under subsection (4). (7) If a question arises as to whether a relevant 2002 Act function must or may be carried out by the CAA in relation to a particular case, the question must be referred to and determined by the Secretary of State. (8) No objection may be taken to anything done by or in relation to the CAA under Part 4 of the Enterprise Act 2002, other than section 166 , 167C, 171 or 174E, on the ground that it should have been done by or in relation to the CMA. (9) The CAA may, when carrying out relevant 2002 Act functions, have regard to any matter in respect of which a duty is imposed by section 1(1) to (3) of this Act if it is a matter to which the CMA may have regard when carrying out relevant 2002 Act functions. (10) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the carrying out by the CAA of relevant 2002 Act functions. (11) In section 136(7) of the Enterprise Act 2002 (investigations and reports on market investigation references: relevant sectoral enactments), at the end of paragraph (g) insert “ or section 60 of the Civil Aviation Act 2012; ”. (12) In making any decision, or otherwise taking action, for the purposes of any relevant 2002 Act functions, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
Propose a change(1) The functions of the Competition and Markets Authority (“the CMA”) specified in subsection (2) are to be concurrent functions of the CAA and the CMA. (2) Those functions are the CMA’s functions under Part 1 of the Competition Act 1998 (competition) so far as they relate to anything which— (a) is mentioned in subsection (3)(a) to (c), and (b) relates to the provision of airport operation services, other than functions under sections 31D(1) to (6) , 35C , 38(1) to (6) , 40B(1) to (4) and 51. (3) Those things are— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, (b) conduct of the kind mentioned in section 18(1) of that Act, or (c) transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act). (4) References to the CMA in Part 1 of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part), other than in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51, are to be read as including a reference to the CAA. (5) But subsection (4) applies— (a) only so far as it is consequential on subsections (1) and (2), and (b) only if the context does not otherwise require.
Propose a change(1) No objection may be taken to anything done by or in relation to the CAA under a provision of Part 1 of the Competition Act 1998, other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51, on the ground that it should have been done by or in relation to the Competition and Markets Authority. (2) The CAA may, when carrying out relevant 1998 Act functions, have regard to any matter in respect of which a duty is imposed by section 1(1) to (3) of this Act if it is a matter to which the Competition and Markets Authority may have regard when carrying out relevant 1998 Act functions. (3) Section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the carrying out by the CAA of relevant 1998 Act functions. (3A) In making any decision, or otherwise taking action, for the purposes of any relevant 1998 Act functions that are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable. (4) In this section “relevant 1998 Act functions” means functions specified in section 62(2).
Propose a change(1) The CAA must, so far as it appears to it practicable to do so— (a) keep under review the provision of airport operation services in the United Kingdom and elsewhere, and (b) collect information about the provision of such services in the United Kingdom and elsewhere, with a view to facilitating the carrying out of its functions under this Chapter. (2) The CAA must provide information, advice and assistance to the Secretary of State and the Competition and Markets Authority (“the CMA”) regarding any matter in respect of which the CAA has a function under this Chapter if— (a) it thinks it expedient to do so, or (b) it is asked by the Secretary of State or the CMA to do so. (3) Subsection (2)(b) applies only so far as it appears to the CAA practicable for the CAA to provide the information, advice or assistance requested. (4) The CAA may— (a) prepare reports relating to competition in markets for airport operation services, and (b) arrange for such reports to be published. (5) The CAA may exclude from publication under subsection (4)(b) any information which it is satisfied is— (a) commercial information, the disclosure of which would, or might in the CAA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or (b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA's opinion, significantly harm the individual's interests. (6) For the purposes of carrying out its functions under this section the CAA may carry out, commission or provide financial or other support for research.
Propose a change(1) The Secretary of State may by regulations modify sections 60(2) and 62(2) by providing that the functions of the Competition and Markets Authority mentioned in those provisions— (a) do not include functions relating to the provision of particular airport operation services, or (b) include functions relating to the provision of particular services at an airport that are not airport operation services. (2) The regulations may make consequential, incidental or supplementary provision amending this Chapter.
Propose a change(1) In this Part “airport” means an aerodrome within the meaning of the Civil Aviation Act 1982 together with other land, buildings and structures used for the purposes of— (a) the landing and taking off of aircraft at the aerodrome, (b) the manoeuvring, parking or servicing of aircraft between landing and take-off at the aerodrome, (c) the arrival or departure of persons carried or to be carried as passengers by air transport services operating to or from the aerodrome, together with their baggage, (d) the arrival or departure of cargo carried or to be carried by such services, (e) the processing of such persons, baggage and cargo between their arrival and departure, and (f) the arrival or departure of persons who work at the airport. (2) Section 67 makes further provision about what is and is not included in an airport for the purposes of this Part. (3) The Secretary of State may by regulations provide that, for the purposes of this Part, land, buildings and other structures specified in the regulations, or of a description specified in the regulations, are or are not— (a) part of an airport, or (b) part of the core area of an airport. (4) The regulations may, in particular— (a) modify subsection (1)(a) to (f) and section 67, and (b) modify the definition of the core area of an airport in section 5. (5) In this section “modify” includes amend or repeal.
Propose a change(1) An airport includes, in particular— (a) a passenger terminal, (b) the forecourt of a passenger terminal, (c) a qualifying car park, (d) a cargo processing area, (e) land, buildings and other structures used for air traffic services, and (f) land, buildings and other structures used for the purposes of transferring passengers, baggage or cargo— (i) between passenger terminals or cargo processing areas that form part of the airport, or (ii) between such terminals or areas and aircraft using the airport, subject to the following provisions of this section. (2) The forecourt of a passenger terminal includes an area that— (a) is used by road vehicles to pick up or drop off passengers using the terminal, and (b) has pedestrian access to the terminal, other than a car park, bus station, tram station or railway station. (3) A car park is a qualifying car park if— (a) it is part of a passenger terminal that forms part of the airport, or (b) it has pedestrian access to such a terminal. (4) An airport does not include a hotel, unless it is situated in a passenger terminal that forms part of the airport. (5) An airport does not include a bus station, tram station or railway station. (6) For the purposes of section 66(1) when a person arrives at, or departs from, an airport other than in an aircraft the person's arrival or departure takes place on arrival at or departure from— (a) a passenger terminal that is part of the airport, (b) the forecourt of such a terminal, or (c) a qualifying car park that is part of the airport. (7) For the purposes of section 66(1)— (a) when cargo arrives at an airport other than in an aircraft its arrival takes place when it is first unloaded from the vehicle in which it arrives, and (b) when cargo departs from an airport other than in an aircraft its departure takes place when it is loaded on to the vehicle in which it is to depart. (8) For the purposes of sections 5(4) and 66(1) the servicing of aircraft between landing and take-off at the aerodrome includes— (a) the supply of fuel, and (b) the repair, maintenance and overhaul of aircraft that land at the aerodrome.
Propose a change(1) In this Part “airport operation services” means services provided at an airport for the purposes of— (a) the landing and taking off of aircraft, (b) the manoeuvring, parking or servicing of aircraft, (c) the arrival or departure of passengers and their baggage, (d) the arrival or departure of cargo, (e) the processing of passengers, baggage or cargo between their arrival and departure, or (f) the arrival or departure of persons who work at the airport. (2) Section 67(6) to (8) apply for the purposes of subsection (1) as they apply for the purposes of section 66(1). (3) “Airport operation services” include, in particular, the provision at an airport of— (a) groundhandling services described in the Annex to Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (as amended from time to time), (b) facilities for car parking, and (c) facilities for shops and other retail businesses. (4) “Airport operation services” do not include— (a) air transport services, (b) air traffic services, or (c) services provided in shops or as part of other retail businesses. (5) For the purposes of this Part— (a) “airport operation services” include permitting a person to access or use land that forms part of an airport or facilities at an airport for a purpose described in subsection (1)(a) to (f), and (b) a person who permits another to access or use land that forms part of an airport area, or facilities in an airport area, for such a purpose is to be treated as providing airport operation services in that area. (6) The Secretary of State may by regulations provide that, for the purposes of this Part, services are or are not to be treated as airport operation services. (7) The regulations may, in particular, modify subsections (1) to (5). (8) In this section “modify” includes amend or repeal.
Propose a change(1) In this Part— “air transport service” means a service for the carriage by air of passengers or cargo to or from an airport in the United Kingdom; “provider”, in relation to an air transport service, means a person who has the management of the aircraft used to provide the service; “user”, in relation to an air transport service, means a person who— is a passenger carried by the service, or has a right in property carried by the service. (2) In this Part references to users of air transport services include future users of such services.
Propose a change(1) Two or more persons are joint operators of an airport area where they jointly have overall responsibility for the management of all of the area. (2) Regulations under section 9 may include provision about when two or more persons are or are not to be treated for the purposes of this Part as jointly having such responsibility. (3) The CAA's power under section 10 to make a determination includes power to determine whether, in a particular case, two or more persons have such responsibility. (4) The Secretary of State may by regulations provide that, where there are joint operators of an airport area, the provisions of Chapters 1 and 3 of this Part (other than this section) apply in relation to the operators and the area with the modifications specified in the regulations.
Propose a change(1) For the purposes of this Part one person is connected with another if they are group undertakings in relation to each other. (2) “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006). (3) The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Part, including provision amending or otherwise modifying subsections (1) and (2).
Propose a change(1) In this Part— “air traffic services” has the same meaning as in Part 1 of the Transport Act 2000 (see section 98 of that Act); “airport operator” means a person who is the operator of an area that consists of or forms part of an airport; “the CAA” means the Civil Aviation Authority; “cargo” includes mail; “change of circumstances” includes the discovery that information is false or misleading in a material respect; “conduct” includes a failure to act and unintentional conduct; “contravention” includes a failure to comply and related expressions are to be interpreted accordingly; “contravention notice” has the meaning given in section 31(1); “document” means anything in which information is recorded; “enforcement order” has the meaning given in section 33(1); “international obligation of the United Kingdom” includes— an assimilated obligation, and an obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party; “land” includes land covered by water; “licence” means a licence under Chapter 1 of this Part and includes a licence which has been granted under section 15 but has not come into force; “market power determination” has the meaning given in section 7(1); “modifying”, in relation to a licence condition, means adding, removing or altering a licence condition and related expressions are to be interpreted accordingly; “representation” includes objection; “urgent enforcement order” has the meaning given in section 35(1). (2) References in this Part to providing a service, however expressed, include providing a facility (and related expressions are to be interpreted accordingly). (3) References in this Part to a building or other structure are to any building or structure, whether above or below ground. (4) References in this Part to a notice are to a notice in writing. (5) References in this Part to remedying the consequences of a contravention of a licence condition or requirement include paying an amount to a person— (a) by way of compensation for loss or damage suffered by the person, or (b) in respect of annoyance, inconvenience or anxiety suffered by the person. (6) Schedule 7 (index of defined expressions) has effect.
Propose a change(1) Regulations under this Part— (a) may make different provision for different cases, (b) may make provision generally or only for particular cases, and (c) may make consequential, incidental, supplementary, transitional, transitory or saving provision. (2) Regulations under this Part are to be made by statutory instrument. (3) A statutory instrument containing regulations under the following provisions is subject to annulment in pursuance of a resolution of either House of Parliament— (a) section 28(9); (b) section 77; (c) paragraph 33 of Schedule 2; (d) paragraph 6 of Schedule 6. (4) A statutory instrument containing other regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Propose a change(1) Where a person is required to publish something by this Part, the person must publish it in such form and manner as the person considers appropriate for bringing it to the attention of persons likely to be affected by it. (2) A person to whom a document is produced under this Part may take copies of the document.
Propose a change(1) A document required or authorised by this Part to be sent to a person may be sent— (a) by delivering it to the person or by leaving it at the person's proper address or by sending it by post to the person at that address, (b) if the person is a body corporate, by sending it in accordance with paragraph (a) to the secretary of the body or to any other person authorised to receive the document on behalf of the body, or (c) if the person is a partnership, by sending it in accordance with paragraph (a) to a partner or a person having the control or management of the partnership business. (2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person to whom a document is to be sent is the person's last known address, except that— (a) if the person is a body corporate, it is the address of the registered or principal office of the body, and (b) if the person is a partnership or a partner or a person having the control or management of the partnership business, it is the address of the principal office of the partnership. (3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. (4) Subsection (5) applies if a person to whom a document is to be sent by another person under this Part has specified to that other person an address within the United Kingdom other than the proper address (as determined under subsection (2)) as the one to which documents of the same description as the document should be sent. (5) In relation to that document, that address must be treated as the person's proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2). (6) This section does not apply to a document if rules of court make provision about how or where it should be sent. (7) In this section references to sending include references to similar expressions (such as giving).
Propose a change(1) Part 4 of the Airports Act 1986 (economic regulation of airports) is repealed. (2) Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (economic regulation of airports) is revoked. (3) Schedule 8 (status of airport operators as statutory undertakers etc) has effect. (4) Schedule 9 (regulation of operators of dominant airports: consequential provision) has effect. (5) Schedule 10 (regulation of operators of dominant airports: transitional provision) has effect.
Propose a change(1) Chapter 2 of this Part binds the Crown to the extent that it applies or modifies provisions of the Competition Act 1998, subject to section 73 of that Act. (2) The following provisions of this Part bind the Crown— (a) Chapter 1, other than sections 50 to 52, and (b) Chapter 3, subject to subsections (3) and (5) to (9). (3) Chapters 1 and 3 of this Part do not affect Her Majesty in her private capacity. (4) Subsection (3) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Part. (5) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in the course of carrying out exempt Crown functions. (6) If the operator of an airport area (“area C”) exercises overall responsibility for its management in the course of carrying out exempt Crown functions— (a) section 7(2) (requirement to make market power determination) does not apply in respect of area C, (b) section 14(4) (deemed application for licence where airport area becomes dominant) does not apply in relation to the operator, and (c) the absence of a licence in respect of area C does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in area C or another area that forms part of the same airport. (7) Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in an exempt Crown airport area. (8) The absence of a licence in respect of an exempt Crown airport area does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in another area that forms part of the same airport. (9) A licence must not include conditions relating to services provided in an exempt Crown airport area. (10) For the purposes of this section, an airport area is an exempt Crown airport area if— (a) it consists of all or part of a small airport, (b) the operator of the airport area is the Crown or a person acting on behalf of the Crown, and (c) the airport area is exempted for the purposes of this section by the Secretary of State by regulations. (11) For the purposes of this section, an airport is a small airport during a calendar year if in the previous calendar year— (a) the number of passenger movements at the airport did not exceed 5 million, or (b) the airport was not open to commercial traffic. (12) In this section— “exempt Crown functions” means the following functions to the extent that they are carried out by or on behalf of the Crown— customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009, functions relating to immigration, asylum or nationality, police functions, and other functions exempted for the purposes of this section by the Secretary of State by regulations; “open to commercial traffic” and “passenger movements” have the same meaning as in Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
Propose a change(1) Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts of violence and other unlawful interference) is amended as follows. (2) After section 14 insert— Review by CAA 14A (1) The CAA must keep under review the directions under sections 12 to 14 for the time being in force. (2) The CAA must, when it considers it appropriate, make recommendations to the Secretary of State about those directions and about the giving of further directions under those sections. (3) The CAA must make the recommendations in the form specified by the Secretary of State. (3) After section 16 insert— Directions requiring national security vetting 16A (1) This section applies where a direction under any of sections 12 to 14 makes provision requiring an individual who carries on, or wishes to carry on, an activity specified or described in the direction to be subject to national security vetting by the CAA. (2) The CAA must make arrangements for carrying out that vetting, including— (a) arrangements for renewing and withdrawing clearance, and (b) arrangements for appeals. (3) The Secretary of State may give directions to the CAA in connection with the arrangements, including directions as to— (a) steps to be included in the vetting process, (b) time limits for completing such steps, and (c) the period for which clearance is to remain valid. (4) The CAA must comply with a direction given to it under this section. (5) This section does not affect any other power relating to national security vetting. (4) After section 23 insert— Functions of CAA under this Part 23A (1) The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies. (2) If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 (CAA's general objectives) it must— (a) consult the Secretary of State, and (b) resolve the conflict in the manner directed by the Secretary of State, and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act. (5) In section 24A(1) (interpretation)— (a) for the definition of “authorised person” substitute— “authorised person” means a person authorised in writing by the Secretary of State or the CAA for the purposes of this Part of this Act, , and (b) after that definition insert— “the CAA” means the Civil Aviation Authority, . (6) Schedule 11 (aviation security directions etc: minor and consequential amendments) has effect.
Propose a change(1) Section 20A of the Aviation Security Act 1982 (aviation security services: approved providers) is amended as follows. (2) In subsection (2), for “provide for the Secretary of State to maintain a list of persons who are approved by him” substitute “ provide for the CAA to maintain a list of persons who are approved by it ”. (3) In subsection (3)— (a) before paragraph (a) insert— (za) provide for approval to be given, and persons to be listed, in respect of the provision of the aviation security service generally or only at a particular location; , (b) in paragraphs (a) and (b) for “that service” substitute “ the provision of that service generally or at the relevant location ”, (c) after paragraph (d) insert— (da) make provision about factors to be taken into account when deciding whether to grant an application; , (d) after paragraph (e) insert— (ea) make provision for employees of persons who are listed in respect of the provision of an aviation security service generally or at a particular location to be treated as listed in respect of the provision of that service generally or at that location (as appropriate) in specified circumstances; , (e) in paragraph (f), after “are listed” insert “ , or employees of such persons, ”, (f) after that paragraph insert— (fa) make provision about other conditions with which persons who apply to be listed or who are listed, or employees of such persons, must comply; , (g) in paragraph (g) omit “which shall include provision for appeal”, and (h) in paragraph (i) after “functions” insert “ on the CAA, ”. (4) After subsection (3) insert— (3A) The regulations must— (a) include provision for appeals against the refusal of applications for inclusion in a list, (b) include provision for appeals against removal from a list, and (c) if they make provision described in subsection (3)(f) or (fa), include provision for appeals against the conditions. (5) After subsection (5) insert— (5A) In subsection (5) “listed person”, in relation to an aviation security service, means a person who is listed in respect of the provision of that service generally or at the relevant location.
Propose a change