Airports Act 1986

31Traffic distribution rules

(1)Where

(a)it appears to the Secretary of State that two or more airports are airports serving the same area in the United Kingdom, and

(b)he considers it appropriate to do so,

he may in accordance with this section make rules (to be known as traffic distribution rules) providing for air traffic, or any class or description of air traffic, to be distributed between those airports in such manner as he thinks fit.

(2)It shall be the duty of the CAA so to perform its air transport licensing functions as to secure that any traffic distribution rules in force under this section are complied with.

(3)Traffic distribution rules may do any of the following things (and no more), namely—

(a)specify classes or descriptions of air traffic that are permitted under the rules to use any of the airports concerned;

(b)impose prohibitions or restrictions in relation to the use of any of those airports by air traffic of any class or description specified in the rules ;

(c)provide for the rules to come into operation (in whole or in part) at such time or in such circumstances as may be specified in the rules.

(4)Before making any traffic distribution rules the Secretary of State shall consult the CAA who shall in turn, before giving advice to the Secretary of State, consult such of the following namely—

(a)airport operators who appear to it to be likely to be affected by the rules,

(b)operators of aircraft who appear to it to be likely to be so affected, and

(c)organisations representing airport operators or operators of aircraft,

as it considers appropriate.

(5)Where

(a)the subject-matter of any particular rules made by the Secretary of State under this section is a matter in relation to which the CAA has given advice to the Secretary of State (whether before or after the passing of this Act), and

(b)those rules are so made not later than five years after the giving of that advice,

the requirements of subsection (4) shall be taken to have been satisfied with respect to those rules.

(6)In subsection (1) the reference to airports serving the same area in the United Kingdom is a reference to airports in the case of which a substantial number of the passengers departing from, or arriving at, the airports by air (other than those interrupting their flights there or transferring from one flight to another) have as their original points of departure, or (as the case may be) as their ultimate destinations, places situated within the same area in the United Kingdom.