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The Airport Charges Regulations 2011
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- UK Statutory Instruments
- 2011 No. 2491
- PART 1
- Regulation 3
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3.—(1) In these Regulations—
“the 1986 Act” means the Airports Act 1986 M1;
“the 1994 Order” means the Airports (Northern Ireland) Order 1994 M2;
“airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 M3;
“airport charges” means, in relation to an airport, 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 excepted charges (see paragraph (2));
“the Airport Charges Directive” means Directive 2009/12/EC of the European Parliament and of the Council of 11th March 2009 on airport charges M4;
“airport operator” means the person for the time being having the management of an airport or, in relation to a particular airport, the management of that airport;
“airport user” means, in relation to any airport, a person responsible for the carriage of passengers, mail or freight by air to or from the airport;
“the CAA” means the Civil Aviation Authority;
F1...
“operator”, in relation to an aircraft, means the person for the time being having management of the aircraft;
“a passenger movement” has the same meaning as in the Airport Charges Directive;
“regulated airport” has the meaning given in regulation 4;
“regulated airport operator” means a person for the time being having the management of a regulated airport or, in relation to a particular regulated airport, the management of that airport;
“year” means a calendar year.
(2) For the purposes of the definition of “airport charges”, excepted charges are —
(a)penalties payable by virtue of section 38C M5 of the Civil Aviation Act 1982 (breach of noise control scheme);
(b)penalties payable by virtue of section 78A M6 of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes);
(c)charges payable for services provided for airport users as described in the Annex to Council Directive 96/67/EC of 15th October 1996 on access to the groundhandling market at Community airports M7;
(d)charges payable by virtue of section 73 of the Transport Act 2000 M8 (charges for chargeable air services);
(e)charges referred to in Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility M9; and
F2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 3(1) omitted (31.12.2020) by virtue of The Airport Charges (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1081), regs. 1(3), 4(1); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 3(2)(f) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 391; 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M4OJ L 70, 14.03.09, p.11.
M5Sections 38A to 38C were inserted by the Civil Aviation Act 2006 (c. 34), s. 4.
M6Section 78A was inserted by the Civil Aviation Act 2006, s. 3.
M7OJ L 272, 25.10.96, p. 36.
M9OJ L 204, 26.07.06, p. 1.
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