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Part IVE+W+S Economic Regulation of Airports

PreliminaryE+W+S

36 Interpretation of Part IV, etc.E+W+S

(1)In this Part—

(a)charges levied on operators of aircraft in connection with the landing, parking or taking off of aircraft at the airport (including charges that are to any extent determined by reference to the number of passengers on board the aircraft, but excluding charges payable by virtue of [F2section 73 of the Transport Act 2000 (charges for services) [F3 and penalties payable by virtue of sections 38C and 78A of the Civil Aviation Act 1982] )]; and

(b)charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air;

(a)the landing, parking or taking off of aircraft;

(b)the servicing of aircraft (including the supply of fuel); or

(c)the handling of passengers or their baggage or of cargo at all stages while on airport premises (including the transfer of passengers, their baggage or cargo to and from aircraft)

(2)it is hereby declared that the reference in the definition of “relevant activities” in subsection (1) to the provision of facilities for the purposes of the handling of passengers does not include the provision of facilities for car parking, for the refreshment of passengers at the airport or for the supply of consumer goods or services there.

(3)Without prejudice to the generality of section 7(2) of the 1982 Act (special provisions as respects certain functions of the CAA), regulations made by the Secretary of State in pursuance of that provision may prescribe for the purposes of that provision any functions conferred on the CAA by this Part; and in this Part “prescribed” means prescribed by regulations so made.

Textual Amendments

F2S. 36: words in para. (a) of definition of “airport charges” substituted (1.4.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. III para. 10 (with s. 106); S.I. 2001/869, art. 2

F4Words in definition of “the commission” in s. 36(1) substituted (1.4.1999) by S.I. 1999/506, art. 19(a)