The Airport Charges Regulations 2011

PART 9Miscellaneous

Consultation on infrastructure plans

27.—(1) This regulation applies in relation to any plans by a regulated airport operator to undertake a major infrastructure project at the airport it manages.

(2) Where this regulation applies, the airport operator must consult airport users in relation to the airport about the plans before they are finalised.

General duties of regulatory body

28.—(1) Section 39(2) and (3) of the 1986 Act (general duties) has effect, subject to paragraph (3), in relation to the performance by the CAA of its functions under these Regulations as it has effect in relation to the performance of its functions under sections 40 to 56 of that Act.

(2) Article 30(2) and (3) of the 1994 Order (general duties) has effect, subject to paragraph (3), in relation to the performance by the CAA of its functions under these Regulations as it has effect in relation to the performance of its functions under Articles 31 to 49 of that Order.

(3) The CAA must perform its functions under regulations 20 and 21 with a view to ensuring that, to the extent possible, changes to the system or level of airport charges are agreed between regulated airport operators and any airport user who would be liable to pay such charges.

(4) Where it considers it appropriate for the purpose of ensuring that, to the extent possible, such changes are agreed between such persons, the CAA must—

(a)provide information,

(b)provide assistance to persons who request it, and

(c)provide advice (whether or not requested).

(5) The CAA must act impartially and (subject to any obligations of confidentiality) transparently in the exercise of its functions under these Regulations.

Prohibition of management, etc. of aerodromes by CAA

29.—(1) For section 28 of the Civil Aviation Act 1982 (management of aerodromes by CAA) substitute—

“28    Prohibition of management, etc. of aerodromes by CAA

The CAA may not own, manage or operate an aerodrome.”

(2) Schedule 2 (prohibition of management of aerodromes by CAA: consequential amendments) has effect.

Furnishing of information, etc. to the CAA

30.—(1) Section 73 of the 1986 Act (furnishing of information, etc. to CAA) has effect as if the references in subsection (1) to the functions of the CAA under that Act included the functions of the CAA under these Regulations.

(2) Article 48 of the 1994 Order (furnishing of information, etc. to CAA) has effect as if the references in paragraph (1) to the functions of the CAA under Part 4 of that Order included the functions of the CAA under these Regulations.

Restriction on the disclosure of information

31.  Schedule 3 (restriction on the disclosure of information) has effect.

Annual report

32.  The CAA must publish an annual report concerning the exercise of its functions under—

(a)these Regulations,

(b)section 40B of the 1986 Act (as inserted by these Regulations), and

(c)Article 31B of the 1994 Order (as inserted by these Regulations).

Service of documents by the CAA

33.—(1) Anything requiring to be served on any person, or any notice to be given, by the CAA under these Regulations must be set out in a notice in writing which may be served or given either—

(a)by delivering it to that person,

(b)by leaving it at the operator’s proper address, or

(c)by post.

(2) For the purposes of paragraph (1)—

(a)where the person is a body corporate the document may be served on the secretary of that body, and

(b)the proper address of any person is, in the case of a body corporate, the registered or principal office of that body or in any other case the last known address of the person to be served.

Supplementary transitional provision

34.  An obligation imposed on an airport operator or airport user by a provision of Part 3 or 4 of these Regulations may be satisfied by action taken before 10th November 2011.