The Airport Charges Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/2491

2011 No. 2491

Transport

The Airport Charges Regulations 2011

Made 18th October 2011

Laid before Parliament 20th October 2011

Coming into force 10th November 2011

The Secretary of State being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to air transport, in exercise of the powers conferred by that section makes the following Regulations:

1 Preliminary

PART 1

Preliminary

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Airport Charges Regulations 2011 and they come into force on 10th November 2011.

(2) A provision of these Regulations which amends, applies or otherwise modifies an enactment or subordinate legislation has the same extent as that enactment or subordinate legislation.

S-2 Duty to review

Duty to review

2.—(1) Before the end of each review period, the Secretary of State must—

(a)

(a) carry out a review of the provisions of these Regulations other than the provisions inserted by Parts 7 and 8 of these Regulations,

(b)

(b) set out the conclusions of the review in a report, and

(c)

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Airport Charges Directive (which is implemented by means of these Regulations) is implemented in other member States.

(3) The report must in particular—

(a)

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)

(b) assess the extent to which those objectives have been achieved, and

(c)

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) “Review period” means—

(a)

(a) the period of five years beginning with 10th November 2011, and

(b)

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

the 1986 Act” means the Airports Act 19863;

“the 1994 Order” means the Airports (Northern Ireland) Order 19944;

“airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 19825;

“airport charges” means, in relation to an airport, charges levied on operators of aircraft in connection with the landing, parking or taking off of aircraft at the airport (including charges that are to any extent determined by reference to the number of passengers on board the aircraft) but excluding excepted charges (see paragraph (2));

“the Airport Charges Directive” means Directive 2009/12/ECof the European Parliament and of the Council of 11th March 2009 on airport charges6;

“airport operator” means the person for the time being having the management of an airport or, in relation to a particular airport, the management of that airport;

“airport user” means, in relation to any airport, a person responsible for the carriage of passengers, mail or freight by air to or from the airport;

“the CAA” means the Civil Aviation Authority;

“Eurostat” means the statistical office of the European Union;

“operator”, in relation to an aircraft, means the person for the time being having management of the aircraft;

“a passenger movement” has the same meaning as in the Airport Charges Directive;

“regulated airport” has the meaning given in regulation 4;

“regulated airport operator” means a person for the time being having the management of a regulated airport or, in relation to a particular regulated airport, the management of that airport;

“year” means a calendar year.

(2) For the purposes of the definition of “airport charges”, excepted charges are —

(a)

(a) penalties payable by virtue of section 38C7of the Civil Aviation Act 1982 (breach of noise control scheme);

(b)

(b) penalties payable by virtue of section 78A8of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes);

(c)

(c) charges payable for services provided for airport users as described in the Annex to Council Directive 96/67/ECof 15th October 1996 on access to the groundhandling market at Community airports9;

(d)

(d) charges payable by virtue of section 73 of the Transport Act 200010(charges for chargeable air services);

(e)

(e) charges referred to in Regulation (EC) No. 1107/2006of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility11; and

(f)

(f) charges for en route and terminal air navigation services determined in accordance with Chapter III of Commission Regulation (EC) No. 1794/2006of 6th December 2006 laying down a common charging scheme for air navigation services12, as amended by Commission Regulation (EU) No. 1191/2010 of 16th December 201013.

2 Regulated airports

PART 2

Regulated airports

S-4 Regulated airports

Regulated airports

4.—(1) An airport is a regulated airport during a year if more than five million passenger movements took place at the airport in the year but one preceding that year.

(2) The fact that an airport ceases to be a regulated airport does not affect any rights or liabilities accruing by virtue of these Regulations before the airport ceased to be such an airport.

S-5 Reporting

Reporting

5.—(1) An airport operator in relation to an airport must inform the CAA in writing of the number of passenger movements at the airport during a year if—

(a)

(a) the airport was a regulated airport during that year, or

(b)

(b) the CAA has given notice that this regulation applies in relation to that airport and that year.

(2) Notice under paragraph (1)(b) in relation to an airport must be given to the person who is for the time being the airport operator in relation to the airport.

(3) The CAA may not give notice under paragraph (1)(b)—

(a)

(a) in relation to 2010, after 30th November 2011, or

(b)

(b) in relation to any other year, after 30th November in that year.

(4) The CAA may not give a notice under paragraph (1)(b) in relation to an airport and a year unless it considers that, during at least one of the three years following that year, more than five million passenger movements may take place at that airport.

(5) Subject to paragraph (6), the airport operator must comply with paragraph (1) before 1st February in the following year.

(6) Where notice has been given in relation to 2010, the airport operator must comply with paragraph (1) before 31st December 2011.

(7) Subsections (3) and (4) of section 73 of the 1986 Act (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under subsection (1) of that section.

(8) Paragraphs (3) and (4) of Article 48 of the 1994 Order (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under paragraph (1) of that Article.

S-6 Publication

Publication

6.—(1) The CAA must by 31st January 2012 or as soon after as practicable publish a list of the airports which it considers are regulated airports in 2012.

(2) The CAA must by 1st March of each year or as soon after as practicable publish a list of the airports which it considers will be regulated airports the following year.

(3) The CAA may amend and re-publish any list published in accordance with this Regulation.

(4) Where there is an apparent inconsistency between information provided under regulation 5 and the most recent relevant figures produced by Eurostat, the CAA must consider whether it requires additional information from an airport operator in order to produce or amend any such list.

3 Consultation about airport charges and services

PART 3

Consultation about airport charges and services

S-7 Advance information from airport users

Advance information from airport users

7.—(1) A regulated airport operator must give a notice to all airport users in relation to the regulated airport it manages each year in accordance with this regulation.

(2) A notice must require the airport user to provide the following information to the regulated airport operator within a period specified in the notice of not less than 30 days beginning with the day on which the airport user receives the notice—

(a)

(a) forecasts as regards its traffic at the airport,

(b)

(b) forecasts as to the composition and envisaged use of its fleet at the airport,

(c)

(c) its development projects at the airport, and

(d)

(d) its requirements at the airport.

(3) A notice must invite the airport user to make representations or provide any other information to the regulated airport operator as to the system or level of airport charges and the associated quality of service.

(4) On receipt of a notice under paragraph (1) an airport user must provide to the regulated airport operator the information required under paragraph (2) in so far as is relevant to it.

S-8 Annual consultations

Annual consultations

8.—(1) A regulated airport operator must supply to all airport users in relation to the regulated airport it manages—

(a)

(a) details of its intended future airport charges,

(b)

(b) details of the associated quality of service it intends to provide, and

(c)

(c) information on the components serving as a basis for determining the system or level of all charges proposed, including the matters set out in paragraph (2).

(2) The matters are—

(a)

(a) a list of the various services and infrastructure provided in return for the airport charges levied,

(b)

(b) the methodology used for setting airport charges,

(c)

(c) the overall cost structure of the airport with...

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