Section 86 Functions exercisable by CAA and CMAI1

United Kingdom

(1)

The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and F1the CMA.

(2)

F2This subsection applies to the F3CMA’s functions under Part 4 of the 2002 Act (other than sections 166 F4, 167C F5, 171 and 174E) so far as F6those functions—

(a)

are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b)

relate to the supply of air traffic services.

(3)

F7This subsection applies to the F8CMA’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6),F9, 35C, 38(1) to (6) F10, 40B(1) to (4) and 51), so far as relating to—

(a)

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b)

conduct of the kind mentioned in section 18(1) of that Act, F11or

(c)

F12transferred EU anti-trust commitments or transferred EU anti-trust directions,

which relate to the supply of air traffic services.

(4)

References to F13the CMA in—

(a)

F14Part 4 of the 2002 Act (except for sections 166 F15, 167C F16, 171 and 174E but including provisions of that Act applied by that Part), and

(b)

Part I of the 1998 Act (F17except in sections 31D(1) to (6) F18, 35C, 38(1) to (6) F19 , 40B(1) to (4), 51, 52(6) and (8) and 54 F20but including references in provisions of the Enterprise Act 2002 applied by that Part),

must be read as including references to the CAA.

(4A)

F21References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.

(5)

But F22...—

(a)

F23subsections (4) and (4A) apply only so far as they are consequential on subsections (1) to (3) above, and

(b)

F24subsection (4) applies only if the context does not otherwise require.

(5A)

F25Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—

(a)

as if for subsection (1) of that section there were substituted—

(1)
Where the Civil Aviation Authority—
(a)
is proposing to carry out its functions under section 91(1) of the Transport Act 2000 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).

, and

(b)

as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.

(6)

If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.

(7)

No objection may be taken to anything done by or in relation to the CAA—

(a)

F26Part 4 of the 2002 Act, or

(b)

under Part I of the 1998 Act (F27except under section 31D(1) to (6) F28, 35C, 38(1) to (6)F29 , 40B(1) to (4) or 51),

on the ground that it should have been done by or in relation to F30the CMA.

(8)

F31In making any decision, or otherwise taking action, for the purposes of any of its functions that—

(a)

by virtue of this section, are functions exercisable concurrently with the CMA, and

(b)

in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,

the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

Annotations

Textual amendments

F1: Words in s. 86(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(2) (with art. 3)
F2: S. 86(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(2); S.I. 2003/1397, art. 2(1), Sch.
F3: Word in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(a) (with art. 3)
F4: Word in s. 86(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F5: Words in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(b) (with art. 3)
F6: Words in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(c) (with art. 3)
F7: S. 86(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(a)
F8: Word in s. 86(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(4) (with art. 3)
F9: Word in s. 86(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F10: Words in s. 86(3) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F11: Word in s. 86(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 9(2)(a) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 21)
F12: S. 86(3)(c) substituted (31.12.2020) for s. 86(3)(c)(d) by S.I. 2019/93, Sch. 1 para. 9(2)(b) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 21)
F13: Words in s. 86(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(5)(a) (with art. 3)
F14: Words in s. 86(4)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(3); S.I. 2003/1397, art. 2(1), Sch.
F15: Word in s. 86(4)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F16: Words in s. 86(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(5)(b) (with art. 3)
F17: Words in s. 86(4)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(b)
F18: Word in s. 86(4)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F19: Words in s. 86(4)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F20: Words in s. 86(4)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 6; S.I. 2024/1226, regs. 1(2), 2(1)(17)
F21: S. 86(4A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(6) (with art. 3)
F22: Words in s. 86(5) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(a) (with art. 3)
F23: Words in s. 86(5)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(b) (with art. 3)
F24: Words in s. 86(5)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(c) (with art. 3)
F25: S. 86(5A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(8) (with art. 3)
F26: Words in s. 86(7)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(4); S.I. 2003/1397, art. 2(1), Sch.
F27: Words in s. 86(7)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(c)
F28: Word in s. 86(7)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F29: Words in s. 86(7)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F30: Words in s. 86(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(9) (with art. 3)
F31: S. 86(8) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)
F32: Word in s. 86 heading substituted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(10) (with art. 3)

Commencement

I1: S. 86 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)