The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007

CAA functions in allocating scarce capacity

9.—(1) The CAA must allocate scarce capacity in accordance with this regulation.

(2) Section 4 of the Act (general objectives of the CAA) does not apply to the allocation of scarce capacity.

(3) The CAA must allocate scarce capacity in a manner which it considers is best calculated—

(a) to secure that qualifying carriers provide air transport services which satisfy all substantial categories of public demand at the lowest charges consistent with a high standard of safety in operating the services, whilst giving an economic return to efficient qualifying carriers on the sums invested in providing the services;

(b) to further the reasonable interests of users of air transport services;

(c) to secure the effective provision of civil air transport to and from the United Kingdom;

(d) to ensure that qualifying carriers compete as effectively as possible with other airlines in providing air transport services on international routes; and

(e) to ensure the most effective use of airports within the United Kingdom.

(4) When allocating scarce capacity the CAA must have regard—

(a) to the effect on existing air transport services provided by qualifying carriers; and

(b) in any case—

(i) where the existing services are similar (in terms of route) to the proposed new service; or

(ii) where two or more applicants have applied for a scarce capacity allocation certificate, indicating that they propose to provide a new but similar service,

to any benefits which may arise from enabling two or more airlines to provide the service in question.

(5) In exercising its functions under paragraphs (3) and (4), the CAA must have regard to the need to minimise so far as reasonably practicable—

(a) any adverse effects on the environment; and

(b) any disturbance to the public;

from noise, vibration, atmospheric pollution or any other cause attributable to the use of the aircraft for the purposes of civil aviation.

(6) In performing the function of allocating scarce capacity, the CAA must have regard to any advice received from the Secretary of State.