33 Schemes for allocating capacity at airports.U.K.
(1)Where—
(a)an order is for the time being in force in relation to an airport under section 32, or
(b)it appears to the Secretary of State that the demand for the use of an airport exceeds, or is likely in the near future to exceed, the operational capacity of the airport, and as a result he considers it appropriate that a scheme under this section should apply in relation to the airport,
the Secretary of State may give the CAA a direction requiring it to prepare and submit for his approval a scheme under this section in relation to the airport.
(2)Any direction of the Secretary of State under subsection (1) shall specify the matters which are to be dealt with in the scheme; and the Secretary of State shall consult the CAA before giving it any such direction.
(3)A scheme under this section in relation to an airport may do either or both of the following things, namely—
(a)provide for an aircraft to be precluded from performing a movement at the airport unless (in addition to satisfying any requirements or conditions having effect otherwise than under the scheme) the operator of the aircraft has acquired a right under the scheme to cause it to perform that movement;
(b)provide for special charges to be payable to the airport operator by operators of aircraft in respect of the performance by the aircraft of movements at the airport.
(4)A scheme under this section may—
(a)where it provides for the acquisition of rights in pursuance of subsection (3)(a), provide—
(i)for the allocation of such rights on such basis or by such method as may be specified in the scheme,
(ii)for such rights to be framed by reference to particular times or periods of time,
(iii)for such rights to be transferable,
(iv)for such rights to be subject to such conditions as may be specified in the scheme;
(b)where it provides for the payment of special charges in pursuance of subsection (3)(b), provide for different charges to apply in the case of operators of different classes or descriptions, or in different circumstances;
(c)in either case, provide for provisions of the scheme not to apply to operators, or to movements, of any specified class or description.
(5)A scheme under this section shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consulting the CAA, he thinks fit.
(6)Before submitting a scheme under this section for the approval of the Secretary of State, the CAA shall consult the airport operator and such of the following, namely—
(a)operators of aircraft who appear to it to be likely to be affected by the scheme, and
(b)organisations representing airport operators or operators of aircraft,
as it considers appropriate.
(7)Where a scheme under this section is in force in relation to an airport it shall be the duty of the airport operator to give effect to the scheme.
(8)A scheme under this section in relation to an airport—
(a)may be varied or revoked by any subsequent such scheme; and
(b)may, with the approval of the Secretary of State, be revoked by the CAA otherwise than in connection with its replacement by any such scheme;
and where any such scheme was prepared in pursuance of a direction given by virtue of subsection (1)(a), the scheme shall in any event cease to have effect if the airport ceases to be subject to such an order as is mentioned in that provision (but without prejudice to the power of the Secretary of State to give a further direction in relation to the airport by virtue of subsection (1)(b)).
(9)The revocation or termination of a scheme as mentioned in subsection (8) shall be without prejudice to the recovery of sums already owing to the airport operator.