Where the aggregate amount of the expenses specified in respect of non-designated airports in a statement prepared by the Commission in pursuance of regulation 4(1) exceeds the aggregate amount of the charges to which airport operators of non-designated airports are liable in pursuance of regulation 5, each airport operator of an airport in respect of which a permission under Part IV of the Act has been in force at any time during the year to which the statement relates, other than an airport operator whose liability to a charge pursuant to regulation 5 exceeds the relevant sum in relation to that operator, shall, subject to paragraph (2) of this regulation, be liable to a charge of an amount calculated in accordance with regulation 7.

The amount of any charge to which an airport operator is liable pursuant to paragraph (1) of this regulation in respect of each period to which a statement relates shall not exceed the relevant sum in relation to that operator less the aggregate amount of any charges to which that operator is liable in pursuance of regulation 5 in respect of the same period.