Журнал 841-го пленарного заседания Форума по сотрудничеству в области безопасности

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,

the need to secure that all reasonable demands for airport operation services are met,

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,

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,

any guidance issued to the CAA by the Secretary of State for the purposes of this Chapter,

any international obligation of the United Kingdom notified to the CAA by the Secretary of State for the purposes of this Chapter, and

the principles in subsection (4).

regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

regulatory activities should be targeted only at cases in which action is needed.

between the interests of different classes of user of air transport services, or

between the interests of users of air transport services in different matters mentioned in subsection (1),

substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,

visual or other disturbance to the public,

effects from works carried out at the airport or the associated facilities or to extend the airport or the associated facilities, and

effects from services provided at the airport or the associated facilities.

the Secretary of State's functions under this Chapter, and

the Secretary of State's functions under Chapter 3, other than the functions under sections 66(3) and 68(6).

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,

the need to secure that all reasonable demands for airport operation services are met,

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,

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

the principles in subsection (5).

regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

regulatory activities should be targeted only at cases in which action is needed.

between the interests of different classes of user of air transport services, or

between the interests of users of air transport services in different matters mentioned in subsection (1),

a person (“P”) is the operator of an airport area (“area A”) that is a dominant area or part of a dominant area,

area A is located at a dominant airport, and

P does not have a licence in respect of area A.

area A, or

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.

P,

a person who is connected to P,

a person to whom P or a person connected to P has assigned the right to require payment of the charge, and

a person acting on behalf of a person within paragraph (a), (b) or (c).

the charge is not recoverable by the person, and

if paid, the charge is recoverable from the person.

the invalidity of a market power determination (and the consequent continuation in effect of a previous market power determination), or

the invalidity of an operator determination,

whether or not the charge is required to be paid before the final determination of invalidity, and

whether or not the charge is paid before that determination.

a penalty payable by virtue of section 38C of the Civil Aviation Act 1982 (breaches of noise control schemes),

a penalty payable by virtue of section 78A of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes), or

a charge payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services).

a licence is granted to the person in respect of area A or an area that includes all of area A;

the CAA publishes a notice of its decision to refuse to grant a licence to the person in respect of area A;

the person ceases to be the operator of area A;

area A ceases to be a dominant area or part of a dominant area;

the airport at which area A is located ceases to be a dominant airport.

made a determination that the market power test is met in relation to the area (see section 6), and

published a notice of the determination.

the land, buildings and other structures used for the purposes of the landing, taking off, manoeuvring, parking and servicing of aircraft at the airport,

the passenger terminals, and

the cargo processing areas,

the market is a market for one or more of the types of airport operation service provided in the airport area (or for services that include one or more of those types of service), and

geographically the market consists of or includes all or part of the airport area.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 1 of the Competition Act 1998, and

Part 4 of the Enterprise Act 2002 (market investigations).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

relevant advice and information published under section 52 of the Competition Act 1998 (advice and information about the application and enforcement of the prohibitions in Part 1 of that Act ...);

relevant advice and information published under section 171 of the Enterprise Act 2002 (advice and information about the operation of Part 4 of that Act).

it is asked to do so by a person listed in subsection (3),

the area is located at an airport that is a large airport at the time the request is made, and

the area consists of or includes all or part of the core area of the airport.

the operator of the airport area, and

any other person whose interests are likely to be materially affected by the determination.

the CAA has previously made a market power determination in respect of the airport area (or an area that includes all of the airport area), and

it considers that there has not been a material change of circumstances since that determination.

a number of requests in respect of a number of airport areas that consist of or include different parts of area A, or

a request in respect of an area that includes all of area A.

make separate market power determinations in respect of different areas which are located at the same airport and have the same relevant operator (within the meaning of section 6(2));

make a market power determination in respect of an airport area that consists of two or more areas that are not adjacent if the areas are located at the same airport.

publishes a notice of a market power determination in respect of an airport area (“determination A”), and

subsequently publishes a notice of a market power determination in respect of part of the airport area or in respect of an area that includes part of the airport area,

publish a notice of the determination, and

send a copy of the notice to each person listed in subsection (2).

the operator of the airport area that is the subject of the determination,

if the CAA was required by section 7(2) to make the determination, any other person who requested the determination, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

publish its reasons, and

send a copy of them to each person listed in subsection (2).

the types of services that are or may be provided in the area,

the prices that are or may be charged for services provided in the area,

the quality of services provided in the area,

access to the area, and

the development of the area.

regulations under section 9, and

the extent to which the person controls or may control the matters listed in section 9(4).

the CAA has previously made an operator determination to the effect that the person requesting the determination does or does not have overall responsibility for the management of the airport area,

it has not published a notice withdrawing that determination, and

it considers that there has not been a material change of circumstances since that determination.

information that is in the public domain, and

information that is in the person's custody or under the person's control.

a number of requests in respect of a number of airport areas that consist of or include different parts of area A, or

a request in respect of an area that includes all of area A.

publish a notice of the determination, and

send a copy of the notice to each person listed in subsection (2).

the person in respect of whom the determination was made, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

publish a notice of the withdrawal, and

send a copy of the notice to each person listed in subsection (2).

publish its reasons, and

send a copy of them to each person listed in subsection (2).

the circumstances specified in the determination have not arisen, and

it considers that doing so would involve disclosing commercially sensitive information.

an airport area or airport is not dominant by virtue of the determination until those circumstances arise, and

a previous market power determination which would otherwise cease to have effect by virtue of section 7(9) or (10) continues to have effect until those circumstances arise.

must be made in the specified form and manner,

must contain or be accompanied by the specified information, and

must be published by the applicant in the specified form and manner and within a period notified to the applicant by the CAA.

grant the licence (see section 15), or

refuse to grant the licence (see section 16),

publish a notice in relation to the proposed licence,

send a copy of the notice to the persons listed in subsection (2), and

consider any representations about the proposal to grant the licence, including the proposed conditions, that are made in the period specified in the notice (and not withdrawn).

the applicant for the licence, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

state that the CAA proposes to grant the licence to the applicant,

specify the airport area for which it is to be granted,

specify the airport at which the area is located,

specify the conditions proposed to be included in the licence,

give the CAA's reasons for the proposed conditions, and

specify a reasonable period for making representations.

publish a copy of the licence and a notice in relation to the licence, and

send a copy of the licence and the notice to the persons listed in subsection (2).

specify the date from which the licence comes into force (subject to subsection (9)),

give the CAA's reasons for the conditions included in the licence,

state how it has taken account of any representations made in the period specified in the notice under subsection (1), and

state the reason for any differences between the conditions included in the licence and those proposed in the notice under subsection (1).

the CAA considers that the applicant is not the operator of the area and is not likely to become the operator of the area,

the area is not a dominant area (or part of a dominant area) and the CAA considers that it is not likely to become a dominant area (or part of a dominant area),

the airport at which the area is located is not a dominant airport and the CAA considers that it is not likely to become a dominant airport,

the applicant is a person falling within subsection (2), or

the applicant is connected to a person falling within subsection (2).

the person has previously held a licence in respect of the airport area that is the subject of the application or an area that included all or part of that airport area, and

the licence was revoked in accordance with a relevant provision of the licence.

publish a notice in relation to the proposed refusal,

send a copy of the notice to the persons listed in subsection (5), and

consider any representations about the proposed refusal that are made in the period specified in the notice (and not withdrawn).

the applicant for the licence, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

state that the CAA proposes to refuse to grant the licence,

specify the airport area in respect of which the application was made,

specify the airport at which the area is located, and

give the CAA's reasons for the proposed refusal.

publish a notice of its decision, and

send a copy of the notice to the persons listed in subsection (5).

specify the airport area in respect of which the application was made,

specify the airport at which the area is located, and

give the CAA's reasons for the refusal.

the airport area for which it is granted, and

the airport at which the area is located.

include provision about the circumstances in which it may be revoked by the CAA, and

provide that it may be revoked only in accordance with section 48.

such conditions as the CAA considers necessary or expedient having regard to the risk that the holder of the licence may engage in conduct that amounts to an abuse of substantial market power in a market for airport operation services (or for services that include airport operation services), and

such other conditions as the CAA considers necessary or expedient having regard to the CAA's duties under section 1.

providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition, or

requiring the amount, or maximum amount, that may be charged to be approved by the CAA.

the provision in this Chapter about the conditions that may be included in the licence,

the provision in this Chapter about granting licences, and

the provision in this Chapter and in the licence about modifying licence conditions.

a period during which H was treated as having a licence in respect of the area by virtue of section 4;

a period during which H would have been so treated but for the suspension of a market power determination or operator determination under Schedule 1.

by reference to the amount charged for particular goods or services;

by reference to the overall amount charged for a range of goods or services.

provision for a condition to have effect or to cease to have effect at times or in circumstances specified in, or determined in accordance with, a condition,

provision requiring the holder of the licence to enter into a contract or other arrangement for a purpose specified in a condition and on terms specified in, or determined in accordance with, a condition,

provision requiring the holder of the licence to comply with requirements imposed (by directions or otherwise) by a specified person,

provision requiring the holder of the licence to do or not to do things specified, or of a description specified, in the licence unless a specified person consents to its not doing or doing those things,

provision requiring the holder of the licence to refer a matter to a specified person for approval or determination, and

provision relating to activities carried on outside the airport area for which the licence is granted.

a person specified, or of a description specified, in a condition for the purpose concerned, and

a person nominated for the purpose concerned by a person within paragraph (a).

the circumstances in which it may be modified,

the types of modification that may be made, and

the period or periods in which it may be modified.

provide for the exception to cease to have effect at times or in circumstances specified in, or determined in accordance with, a licence condition, or

provide for the CAA to determine which financial arrangements benefit from the exception.

the holder of the licence is not the operator of any part of the airport area for which the licence is granted, or

that airport area is not a dominant area located at a dominant airport (or part of such an area) and does not include all or part of such an area,

the licence conditions, or

the area for which the licence is granted,

publish a notice in relation to the proposed modification,

send a copy of the notice to the persons listed in subsection (3), and

consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

the holder of the licence, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

state that the CAA proposes to modify the licence,

specify the proposed modification,

give the CAA's reasons for the proposed modification,

state the effect of the proposed modification, and

specify a reasonable period for making representations.

publish a notice, giving its reasons, and

send a copy of the notice to the persons listed in subsection (3).

publish a notice in relation to the modification, and

send a copy of the notice to the persons listed in subsection (3).

specify the modification,

specify the date from which the modification has effect (subject to paragraphs 7, 8 and 12 to 14 of Schedule 2),

give the CAA's reasons for the modification,

state the effect of the modification,

state how it has taken account of any representations made in the period specified in the notice under subsection (2), and

state the reason for any differences between the modifications and those set out in the notice given under subsection (2).

a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements specified or described in the licence,

the financial arrangements were entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, and

the CAA proposes to modify the licence by removing or restricting the exception.

there has been a material change of circumstances since the day on which the exception was included in the licence condition, and

for users of air transport services, the benefits of the modification are likely to outweigh any adverse effects.

publish a notice of its determination under subsection (2) of this section, giving its reasons for the determination, and

send a copy of the notice to the persons listed in subsection (4).

the holder of the licence, and

such bodies representing airport operators or providers of transport services as the CAA considers appropriate.

the holder of the licence, or

a provider of air transport services whose interests are materially affected by the decision.

that the appeal is brought for reasons that are trivial or vexatious, or

that the appeal does not have a reasonable prospect of success.

the holder of the licence, or

a provider of air transport services whose interests are materially affected by the decision.

that the appeal is brought for reasons that are trivial or vexatious,

that the appeal does not have a reasonable prospect of success, or

that subsection (6) is satisfied.

against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under section 24 or this section, and

on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.

quash the decision appealed against;

remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the Competition and Markets Authority ;

substitute its own decision for that of the CAA.

subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

subsection (1) applies in relation to the rest of that decision.

the CAA, and

the holder of the licence.

in England and Wales and Northern Ireland, as if it were an order of the High Court, and

in Scotland, as if it were an order of the Court of Session.

in the case of an appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and

in the case of an appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the appeal.

there is an appeal to the Competition Appeal Tribunal under this Chapter which the Competition and Markets Authority considers may be relevant to the appeal under section 24 or 25, and

the appeal to the Tribunal has not been determined or withdrawn.

publish a notice stating the new time limit for determining the appeal, and

send a copy of the notice to the persons listed in subsection (8).

the holder of the licence which is the subject of the appeal,

if the appeal was brought by someone other than the holder of that licence, the appellant,

any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 35(4) of Schedule 2),

such bodies representing airport operators or providers of air transport services as the Competition and Markets Authority considers appropriate, and

the CAA.

must be contained in an order made by the Competition and Markets Authority , and

takes effect at the time specified in the order or determined in accordance with the order.

publish the order as soon as practicable after the determination is made, and

send a copy of the order to the persons listed in subsection (4).

the holder of the licence which is the subject of the appeal,

if the appeal was brought by someone other than the holder of that licence, the appellant,

any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 35(4) of Schedule 2),

such bodies representing airport operators or providers of air transport services as the Competition and Markets Authority considers appropriate, and

the CAA.

commercial information, the disclosure of which would, or might in the opinion of the Competition and Markets Authority , significantly harm the legitimate business interests of an undertaking to which it relates, or

information relating to the private affairs of an individual, the disclosure of which would, or might in the opinion of the Competition and Markets Authority , significantly harm the individual's interests.

if a time is specified in the order or is to be determined in accordance with the order, within that time, and

otherwise, within a reasonable time.

deciding an application for permission to appeal under section 24 or 25,

deciding an application under Schedule 2 for permission to intervene in an appeal, and

determining an appeal under section 24 or 25, including taking decisions and giving directions described in section 27.

specify the condition and contravention in respect of which it is given,

explain the action that the CAA may take under this Chapter in connection with the contravention, and

explain that representations may be made about the matters in the notice before the end of the period specified in the notice.

gave the person a contravention notice;

gave the person an enforcement order;

gave the person an urgent enforcement order;

imposed a penalty on the person under section 39 or 40.

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

the period specified in the contravention notice for making representations, or

where the period has been extended in accordance with subsection (6), the extended period.

the CAA withdraws the first contravention notice without imposing a penalty on the person under section 39, or

the CAA revokes the urgent enforcement order without imposing a penalty on the person under section 40.

contraventions of the same condition in different ways, or

contraventions of the same condition at different times or during different periods.

it has given the person a contravention notice (and has not withdrawn it),

the representation period has ended,

it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

subsection (2) or (3) is satisfied.

has contravened a condition specified in the contravention notice in one or more of the ways specified in the notice, and

did not, before the end of the representation period, take all of the appropriate steps mentioned in subsection (6)(b).

specify the condition and contravention in respect of which it is given,

require the person to take such of the appropriate steps as are specified in the order,

specify a reasonable period within which the steps must be taken, and

give the CAA's reasons for giving the order.

publish the order, and

send a copy of the order to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

for complying with the condition, and

for remedying the consequences of the contravention.

modify an enforcement order with the agreement of the person to whom it was given, or

revoke an enforcement order.

publish a notice in relation to the proposed modification or revocation,

send a copy of the notice to the person to whom the order was given, and

consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

state that the CAA proposes to modify or revoke the order,

specify the proposed modification (if relevant),

give the CAA's reasons for the modification or revocation, and

specify a reasonable period for making representations.

publish a notice giving details of the modification or revocation, and

send a copy of the notice to the persons listed in subsection (5).

the person to whom the enforcement order was given, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

the person is contravening, or has contravened, a licence condition,

the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem for users of air transport services, for a class of user of such services or for a relevant service provider, and

it is appropriate to give the urgent enforcement order to prevent, remove or reduce that problem or risk.

the person is likely to contravene a licence condition,

the contravention is likely to result in, or create an immediate risk of, a problem described in subsection (2)(b), and

it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.

specify the condition and contravention in respect of which it is given,

require the person to take such of the appropriate steps as are specified in the order,

specify a reasonable period within which the steps must be taken, and

give the CAA's reasons for giving the order.

publish the order, and

send a copy of the order to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

in relation to a contravention of a condition that has occurred or is occurring, the steps that the CAA has determined are appropriate—

in relation to a contravention of a condition that is likely to occur, the steps that the CAA has determined are appropriate for securing that the contravention does not occur.

confirm the order, or

revoke the order (see section 37).

the person is contravening, or has contravened, a licence condition specified in the order in one or more of the ways specified in the order,

the contravention has resulted in, or creates an immediate risk of, a problem described in section 35(2)(b), and

it is appropriate to confirm the urgent enforcement order, with any modifications, to prevent, remove or reduce that problem or risk.

that paragraphs (a) to (c) of subsection (3) of this section are satisfied, or

that—

publish a notice in relation to the proposal to confirm the order,

send a copy of the notice to the person to whom the order was given, and

consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

state that the CAA proposes to confirm the order,

specify any proposed modifications of the order,

give the CAA's reasons for confirming the order and for any modifications, and

specify a reasonable period for making representations.

publish a notice giving details of the confirmation, including any modifications of the order, and

send a copy of the notice to the persons listed in subsection (8).

the person to whom the urgent enforcement order was given, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

modify an urgent enforcement order with the agreement of the person to whom it was given, or

revoke an urgent enforcement order.

publish a notice in relation to the proposed modification or revocation,

send a copy of the notice to the person to whom the order was given, and

consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

state that the CAA proposes to modify or revoke the order,

specify the proposed modification (if relevant),

give the CAA's reasons for the modification or revocation, and

specify a reasonable period for making representations.

publish a notice giving details of the modification or revocation, and

send a copy of the notice to the persons listed in subsection (5).

the person to whom the urgent enforcement order was given, and

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

a breach of the duty that causes the person to sustain loss or damage, and

an act that—

civil proceedings for an injunction,

civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

civil proceedings for any other appropriate remedy or relief.

it has given the person a contravention notice (and has not withdrawn it),

the representation period has ended,

it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

it has determined that the person is contravening, or has contravened, a licence condition specified in the notice in one or more of the ways specified in the notice.

give the person a notice about the proposed penalty,

publish the notice as soon as practicable,

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

consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

state that the CAA proposes to impose a penalty,

state the proposed amount of the penalty,

specify the relevant licence condition or requirement, and

specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement.

the day on which daily amounts would begin to accumulate, and

the day on which, or the circumstances in which, they would cease to accumulate.

give the person on whom the penalty is to be imposed a notice about the proposed variation,

publish the notice as soon as practicable,

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

consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

the day on which daily amounts would begin to accumulate, and

the day on which, or circumstances in which, they would cease to accumulate.

specify the proposed variation, and

give the CAA's reasons for the proposed variation.

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

give a notice to the person on whom the penalty is imposed,

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

state that the CAA has imposed the penalty,

state the amount of the penalty,

specify the relevant licence condition or requirement,

specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement, and

specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

the day on which daily amounts begin to accumulate, and

the day on which, or the circumstances in which, they cease to accumulate.

give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

appropriate, and

proportionate to the contravention for which it is imposed.

a fixed amount (see section 44);

a daily amount (see section 45).

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),

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

any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.

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

the turnover of persons connected to P from such activities.

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;

where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day;

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.

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

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).

amend or otherwise modify the definition of qualifying turnover, and

make provision about how a person's qualifying turnover for a qualifying period is to be calculated.

make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period,

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

provide that a person's qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations.

the day on which the contravention specified in the notice under section 42 ceases, or

if more than one contravention is specified in that notice, the day on which the last of those contraventions ceases.

the power to give a contravention notice under section 31;

the power to give an enforcement order under section 33;

the powers to give and confirm an urgent enforcement order under sections 35 and 36;

the powers to impose penalties under sections 39 and 40.

notify the holder of the licence that it intends to revoke the licence, giving its reasons, and

give the holder of the licence an opportunity to make representations.

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

information, or

a document that is in the person's custody or under the person's control.

at a time and place specified in the notice, and

in a form and manner specified in the notice.

in relation to England and Wales and Northern Ireland, the High Court, and

in relation to Scotland, the Court of Session.

impose a penalty on the person;

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.

appropriate, and

proportionate to the failure in respect of which it is imposed.

a fixed amount;

an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).

the person knows that the information is false or misleading, or

the person is reckless as to whether the information is false or misleading.

in accordance with a licence condition,

in response to a notice under section 50, or

knowing that the CAA is likely to use the information for the purpose of carrying out its functions under this Chapter.

appropriate, and

proportionate to the action in respect of which it is imposed.

give the person a notice about the proposed penalty,

publish the notice as soon as practicable,

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

consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

state that the CAA proposes to impose a penalty,

state the proposed amount of the penalty, and

give the CAA's reasons for imposing the penalty.

the day on which daily amounts would begin to accumulate, and

the day on which, or the circumstances in which, they would cease to accumulate.

give the person on whom the penalty is to be imposed a notice about the proposed variation,

publish the notice as soon as practicable,

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

consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

the day on which daily amounts would begin to accumulate, and

the day on which, or circumstances in which, they would cease to accumulate.

specify the proposed variation, and

give the CAA's reasons for the proposed variation.

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

give a notice to the person on whom the penalty is imposed,

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

state that the CAA has imposed the penalty,

state the amount of the penalty,

give the CAA's reasons for imposing the penalty, and

specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

the day on which daily amounts begin to accumulate, and

the day on which, or the circumstances in which, they cease to accumulate.

give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,

publish the notice, and

send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

section 42, or

section 54.

the unpaid balance, and

any interest on the penalty that has not been paid.

imposing penalties under this Chapter, and

determining their amount.

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

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.

the landing and taking off of aircraft at the aerodrome,

the manoeuvring, parking or servicing of aircraft between landing and take-off at the aerodrome,

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,

the arrival or departure of cargo carried or to be carried by such services,

the processing of such persons, baggage and cargo between their arrival and departure, and

the arrival or departure of persons who work at the airport.

part of an airport, or

part of the core area of an airport.

modify subsection (1)(a) to (f) and section 67, and

modify the definition of the core area of an airport in section 5.

a passenger terminal,

the forecourt of a passenger terminal,

a qualifying car park,

a cargo processing area,

land, buildings and other structures used for air traffic services, and

land, buildings and other structures used for the purposes of transferring passengers, baggage or cargo—

is used by road vehicles to pick up or drop off passengers using the terminal, and

has pedestrian access to the terminal,

it is part of a passenger terminal that forms part of the airport, or

it has pedestrian access to such a terminal.

a passenger terminal that is part of the airport,

the forecourt of such a terminal, or

a qualifying car park that is part of the airport.

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

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.

the supply of fuel, and

the repair, maintenance and overhaul of aircraft that land at the aerodrome.

the landing and taking off of aircraft,

the manoeuvring, parking or servicing of aircraft,

the arrival or departure of passengers and their baggage,

the arrival or departure of cargo,

the processing of passengers, baggage or cargo between their arrival and departure, or

the arrival or departure of persons who work at the airport.

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),

facilities for car parking, and

facilities for shops and other retail businesses.

air transport services,

air traffic services, or

services provided in shops or as part of other retail businesses.

“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

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.

by way of compensation for loss or damage suffered by the person, or

in respect of annoyance, inconvenience or anxiety suffered by the person.

may make different provision for different cases,

may make provision generally or only for particular cases, and

may make consequential, incidental, supplementary, transitional, transitory or saving provision.

section 28(9);

section 77;

paragraph 33 of Schedule 2;

paragraph 6 of Schedule 6.

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,

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

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.

if the person is a body corporate, it is the address of the registered or principal office of the body, and

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.