(1)It shall be the duty of the CAA to perform the functions conferred on it otherwise than by this section in the manner which it considers is best calculated—
(a)to secure that British airlines provide air transport services which satisfy all substantial categories of public demand (so far as British airlines may reasonably be expected to provide such services) at the lowest charges consistent with a high standard of safety in operating the services and an economic return to efficient operators on the sums invested in providing the services and with securing the sound development of the civil air transport industry of the United Kingdom; and
(b)to further the reasonable interests of users of air transport services.
(2)In subsection (1) above “British airline” means an undertaking having power to provide air transport services and appearing to the CAA to have its principal place of business in the United Kingdom, the Channel Islands or the Isle of Man and to be controlled by persons who either are United Kingdom nationals or are for the time being approved by the Secretary of State for the purposes of this subsection.
[F1(3)The duty mentioned in subsection (1) above does not apply in relation to anything done by the CAA in the performance of functions mentioned in subsection (3) of section 86 of the Transport Act 2000 which, by virtue of that section, are concurrent functions of the CAA and [F2the Office of Fair Trading] .
(4)However, when performing such a function the CAA may have regard to any matter in respect of which a duty is imposed by subsection (1) above if it is a matter to which [F3the Office of Fair Trading] could have regard when performing that function.]
Textual Amendments
F1S. 4(3)(4) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. IV para. 13 (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (with transitional provisions and savings in Sch. 2 Pt. II)
F2Words in s. 4(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 11(2); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)
F3Words in s. 4(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 11(2); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)
Modifications etc. (not altering text)
C1S. 4 excluded by Airports Act 1986 (c. 31, SIF 9), s. 34(2)
C2S. 4 applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 69(6)
C3S. 4 excluded (1.2.2001) by 2000 c. 38, ss. 70(5), 87(8) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (with transitional provisions and savings in Sch. 2 Pt. II)
C4S. 4 excluded (31.8.2004) by The Single European Sky (National Supervisory Authority) Regulations 2004 (S.I. 2004/1958), regs. 2,{3}, Sch.
C5S. 4 excluded (31.1.2008) by The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 (S.I. 2007/3556), reg. 9(2)