Civil Aviation Act 2012
Civil Aviation Act 2012
2012 CHAPTER 19
An Act to make provision about the regulation of operators of dominant airports; to confer functions on the Civil Aviation Authority under competition legislation in relation to services provided at airports; to make provision about aviation security; to make provision about the regulation of provision of flight accommodation; to make further provision about the Civil Aviation Authority's membership, administration and functions in relation to enforcement, regulatory burdens and the provision of information relating to aviation; and for connected purposes.
[19th December 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
PART 1
Airports
CHAPTER 1
Regulation of operators of dominant airports
General duties
1 CAA's general duty
(1) The CAA must carry out its functions under this Chapter in a manner which it considers will further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.
(2) The CAA must do so, where appropriate, by carrying out the functions in a manner which it considers will promote competition in the provision of airport operation services.
(3) In performing its duties under subsections (1) and (2) the CAA must have regard to-
(a) the need to secure that each holder of a licence under this Chapter is able to finance its provision of airport operation services in the area for which the licence is granted,
(b) the need to secure that all reasonable demands for airport operation services are met,
(c) the need to promote economy and efficiency on the part of each holder of a licence under this Chapter in its provision of airport operation services at the airport to which the licence relates,
(d) the need to secure that each holder of a licence under this Chapter is able to take reasonable measures to reduce, control or mitigate the adve rse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport ("associated facilities") and aircraft using that airport,
(e) any guidance issued to the CAA by the Secretary of State for the purposes of this Chapter,
(f) any international obligation of the United Kingdom notified to the CAA by the Secretary of State for the purposes of this Chapter, and
(g) the principles in subsection (4).
(4) Those principles are that-
(a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
(b) regulatory activities should be targeted only at cases in which action is needed.
(5) If, in a particular case, the CAA considers that there is a conflict-
(a) between the interests of different classes of user of air transport services, or
(b) between the interests of users of air transport services in different matters mentioned in subsection (1),
its duty under subsection (1) is to carry out the functions in a manner which it considers will further such of those interests as it thinks best.
(6) For the purposes of subsection (3)(d) the environmental effects of the airport, associated facilities and aircraft include-
(a) substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,
(b) visual or other disturbance to the public,
(c) effects from works carried out at the airport or the associated facilities or to extend the airport or the associated facilities, and
(d) effects from services provided at the airport or the associated facilities.
(7) Section 4 of t he Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to the carrying out by the CAA of its functions under this Chapter.
2 Secretary of State's general duty
(1) The Secretary of State must carry out the functions listed in subsection (3) in a manner which the Secretary of State considers will further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.
(2) The Secretary of State must do so, where appropriate, by carrying out the functions in a manner which the Secretary of State considers will promote competition in the provision of airport operation services.
(3) Those functions are-
(a) the Secretary of State's functions under this Chapter, and
(b) the Secretary of State's functions under Chapter 3, other than the functions under sections 66(3) and 68(6).
(4) In performing the duties under subsections (1) and (2) the Secretary of State must have regard to-
(a) the need to secure that each holder of a licence under this Chapter is able to finance its provision of airport operation services in the area for which the licence is granted,
(b) the need to secure that all reasonable demands for airport operation services are met,
(c) the need to promote economy and efficiency on the part of each holder of a licence under this Chapter in its provision of airport operation services at the airport to which the licence relates,
(d) the need to secure that each holder of a licence under this Chapter is able to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport ("associated facilities") and aircraft using that airport, and
(e) the principles in subsection (5).
(5) Those principles are that-
(a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
(b) regulatory activities should be targeted only at cases in which action is needed.
(6) If, in a particular case, the Secretary of State considers that there is a conflict-
(a) between the interests of different classes of user of air transport services, or
(b) between the interests of users of air transport services in different matters mentioned in subsection (1),
the duty under subsection (1) is to carry out the functions in a manner which the Secretary of State considers will further such of those interests as the Secretary of State thinks best.
(7) For the purposes of subsection (4)(d) the environmental effects of the airport, associated facilities and aircraft include the effects mentioned in section 1(6).
Prohibition
3 Prohibition
(1) Subsection (2) applies where for a period-
(a) a person ("P") is the operator of an airport area ("area A") that is a dominant area or part of a dominant area,
(b) area A is located at a dominant airport, and
(c) P does not have a licence in respect of area A.
(2) The persons mentioned in subsection (3) may not require a person to pay a relevant charge in respect of airport operation services that are provided during that period in-
(a) area A, or
(b) any other area that forms part of the same airport and in respect of which P is the operator and does not have a licence.
(3) Those persons are-
(a) P,
(b) a person who is connected to P,
(c) a person to whom P or a person connected to P has assigned the right to require payment of the charge, and
(d) a person acting on behalf of a person within paragraph (a), (b) or (c).
(4) If a person requires payment of charges in contravention of subsection (2)-
(a) the charge is not recoverable by the person, and
(b) if paid, the charge is recoverable from the person.
(5) A charge is not irrecoverable under subsection (4)(a) or recoverable under subsection (4)(b) by reason of-
(a) the invalidity of a market power determination (and the consequent continuation in effect of a previous market power determination), or
(b) the invalidity of an operator determination,
if it is a charge in respect of services provided before invalidity is finally determined in legal proceedings.
(6) Subsection (5) applies-
(a) whether or not the charge is required to be paid before the final determination of invalidity, and
(b) whether or not the charge is paid before that determination.
(7) The CAA may enforce subsection (2) in civil proceedings for an injunction or, in Scotland, an interdict.
(8) In this section "relevant charge" means any charge other than-
(a) a penalty payable by virtue of section 38C of the Civil Aviation Act 1982 (breaches of noise control schemes),
(b) a penalty payable by virtue of section 78A of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes), or
(c) a charge payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services).
4 Prohibition: exemption
(1) This section 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 that day.
(2) For the purposes of section 3, the person is to be treated as having a licence in respect of area A during the preliminary period.
(3) The preliminary period begins for area A on the day mentioned in subsection (1).
(4) The preliminary period ends for area A when one of the following occurs-
(a) a licence is granted to the person in respect of area A or an area that includes all of area A;
(b) the CAA publishes a notice of its decision to refuse to grant a licence to the person in respect of area A;
(c) the person ceases to be the operator of area A;
(d) area A ceases to be a dominant area or part...
To continue reading
Request your trial