Civil Aviation Act 2012

61 Enterprise Act 2002: supplementary

(1) Before the Office of Fair Trading (“the OFT”) or the CAA first carries out functions specified in section 60(2) (“relevant 2002 Act functions”) in relation to a matter it must consult the other.

(2) If the OFT or the CAA has carried out relevant 2002 Act functions in relation to a matter, the other must not carry out those functions in relation to that matter.

(3) Subsections (4) to (6) apply if, in carrying out relevant 2002 Act functions, the CAA makes a reference to the Competition Commission.

(4) The CAA must give the Competition Commission any information in the CAA’s possession or control—

(a) which is requested by the Commission for the purpose of the reference, or

(b) which the CAA considers it appropriate to give to the Commission for that purpose.

(5) The CAA must give the Competition Commission any other assistance requested by the Commission for the purpose of the reference which it is within the CAA’s power to give.

(6) In carrying out its investigation on the reference the Competition Commission must take account of any information given to it under subsection (4).

(7) If a question arises as to whether a relevant 2002 Act function must or may be carried out by the CAA in relation to a particular case, the question must be referred to and determined by the Secretary of State.

(8) No objection may be taken to anything done by or in relation to the CAA under Part 4 of the Enterprise Act 2002, other than section 166 or 171, on the ground that it should have been done by or in relation to the OFT.

(9) The CAA may, when carrying out relevant 2002 Act functions, have regard to any matter in respect of which a duty is imposed by section 1(1) to (3) of this Act if it is a matter to which the OFT may have regard when carrying out relevant 2002 Act functions.

(10) Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the carrying out by the CAA of relevant 2002 Act functions.

(11) In section 136(7) of the Enterprise Act 2002 (investigations and reports on market investigation references: relevant sectoral enactments), at the end of paragraph (g) insert “or section 60 of the Civil Aviation Act 2012;”.