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The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013

S.I. 2013/610 · Made 13 March 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 April 2016.

Civil Aviation

Made 13th March 2013

Laid before Parliament 15th March 2013

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the power conferred by section 108 of the Civil Aviation Act 2012f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2012 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Amendments and revocation coming into force on 6th April 2013
  3. 3Amendments and revocation coming into force on 1st April 2014
  4. Signature
  5. Schedule 1: Amendments coming into force on 6th April 2013
  6. 1The Airports Act 1986
  7. 2The Airports (Groundhandling) Regulations 1997
  8. 3The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003
  9. 4The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003
  10. 5The Utilities Contracts Regulations 2006 Repealed
  11. 6The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  12. 7The Airport Charges Regulations 2011
  13. Schedule 2: Amendments coming into force on 1st April 2014
  14. 1The Airports Act 1986
  15. 2The Airports (Groundhandling) Regulations 1997
  16. 3The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003
  17. 4The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  18. 5The Airport Charges Regulations 2011
  19. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013 and come into force in accordance with paragraphs (2) and (3).

(2)

This regulation, regulation 2 and Schedule 1 come into force on 6th April 2013.

(3)

Regulation 3 and Schedule 2 come into force on 1st April 2014.

2Amendments and revocation coming into force on 6th April 2013I1

(1)

The amendments specified in Schedule 1 have effect.

(2)

The Civil Aviation Authority (Economic Regulation of Airports) (Northern Ireland) Regulations 1995f1 are revoked.

3Amendments and revocation coming into force on 1st April 2014I1

(1)

The amendments specified in Schedule 2 have effect.

(2)

The Civil Aviation Authority (Economic Regulation of Airports) Regulations 1986f1 are revoked.

Signature

Signed by authority of the Secretary of State

Simon Burns

Minister of State

Department for Transport

13th March 2013

1The Airports Act 1986I1

The Airports Act 1986f1 is amended as follows—

(a)

in section 30(5) (directions to airport operators in the interests of national security etc) after “Part IV of this Act” insert “or Part 1 of the Civil Aviation Act 2012”, and

(b)

in section 69(5) (duty of CAA with respect to implementation of recommendations concerning airport capacity) for “subject to economic regulation under Part IV” substitute “an airport to which Part 5 applies”.

2The Airports (Groundhandling) Regulations 1997I1

In regulation 27(2) of the Airports (Groundhandling) Regulations 1997f1 for “Part IV of the Airports (Northern Ireland) Order 1994” substitute “Part 1 of the Civil Aviation Act 2012f2”.

3The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003I1

In the Schedule to the Enterprise Act 2002 (Super-complaints to Regulators) Order 2003f1 after “Transport Act 2000” insert “; Civil Aviation Act 2012f2”.

4The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003I1

In the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003f1 omit paragraph 13 of Schedule 4.

5The Utilities Contracts Regulations 2006F1

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

6The Legislative and Regulatory Reform (Regulatory Functions) Order 2007I1

In Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007f1 after “Part 1 of the Transport Act 2000” insert “Part 1 of the Civil Aviation Act 2012f2”.

7The Airport Charges Regulations 2011I1

In the Airport Charges Regulations 2011f1—

(a)

omit Part 8, and

(b)

omit regulation 32(b) and (c).

1The Airports Act 1986I1

In section 30(5) (directions to airport operators in the interests of national security etc) of the Airports Act 1986 omit “Part IV of this Act or”.

2The Airports (Groundhandling) Regulations 1997I1

In regulation 27(2) of the Airports (Groundhandling) Regulations 1997—

(a)

omit “either Part IV of the Airports Act 1986 or”, and

(b)

for “either of those Parts” substitute “that Part”.

3The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003I1

In the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 omit paragraph 5 of Schedule 4.

4The Legislative and Regulatory Reform (Regulatory Functions) Order 2007I1

In Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 omit “Part 4 of the Airports Act 1986”.

5The Airport Charges Regulations 2011I1

In the Airport Charges Regulations 2011 omit Part 7.

Explanatory note

(This note is not part of the Regulations)

These Regulations implement legislative changes that arise from the commencement of provisions of the Civil Aviation Act 2012 (“the 2012 Act”) that are concerned with the regulation of operators of dominant airports. Those provisions are commenced by the Civil Aviation Act 2012 (Commencement No. 1, Transitional, Transitory and Savings Provisions) Order 2013 (S.I. 2013/589(C. 23)) (“the 2013 Order”). In particular, section 76(1) of the 2012 Act repeals Part IV of the Airports Act 1986 and section 76(2) revokes Part IV of the Airports (Northern Ireland) Order 1994.

Regulations 2(1) and 3(1) of, and Schedule 1 and 2 to, these Regulations amend legislation that refers to Part IV of the Airports Act 1986 or Part IV of the Airports (Northern Ireland) Order 1994 to reflect the repeal of those Parts, in particular to remove references to those Parts and insert references to the 2012 Act. Regulations 2(2) and 3(2) of these Regulations revoke the statutory instruments that are in part based on Part IV of the Airports Act 1986 or Part IV of the Airports (Northern Ireland) Order 1994. The differing coming into force dates for regulation 2 and Schedule 1 on the one hand and regulation 3 and Schedule 2 on the other are for consistency with the dates for coming into force of provisions of the 2012 Act set out in the 2013 Order.

The Economic Regulation of Airports (Designation) Order 1986 (S.I. 1986/1502), the Economic Regulation of Airports (Expenses of the Monopolies and Mergers Commission) Regulations 1997 (S.I. 1997/403) and the Economic Regulation of Airports (Designation) Order (Amendment) Order 2008 (S.I. 2008/2702) derive from powers wholly within Part IV of the Airports Act 1986 and are impliedly revoked with the repeal of Part IV of the Airports Act 1986.