Airports Act 1986

38 Grant or refusal of permissions. E+W+S

(1) Where an airport is by virtue of section 37(2) or (3) due to become subject to economic regulation under this Part at the end of the period of either six or nine months referred to in that provision, the airport operator may, at any time after the beginning of that period, make an application to the CAA for the grant in respect of the airport of a permission to levy airport charges.

(2) Any such application—

(a) must be in writing and contain such particulars with respect to such matters as the CAA may specify in a notice published in the prescribed manner; and

(b) must be accompanied by such fee as may be specified in a scheme or regulations made under section 11 of the 1982 Act.

(3) Where an application is made in relation to an airport by the airport operator in accordance with this section, then, as from the date of the application or the date when the airport becomes subject to economic regulation under this Part (whichever is the later), there shall, by virtue of this subsection, be deemed for all purposes to be a permission in force under this Part in respect of the airport until such time as—

(a) the CAA grants a permission in pursuance of the application; or

(b) the airport operator is notified by the CAA that it has refused the application.

(4) Where—

(a) any such application has been so made by an airport operator, and

(b) he has complied with any requirement to produce any documents, or to furnish any accounts, estimates, returns or other information, to the CAA which the CAA may have imposed on him under this Act for the purpose of enabling it to determine whether, and (if so) what, conditions should be imposed under this part in relation to the airport in question,

the CAA shall grant the application within such period as may be prescribed.

(5) Where—

(a) any such application has been so made by an airport operator, but

(b) he has failed to comply with any such requirement as is mentioned in subsection (4)(b) within such time as may have been allowed for the purpose,

the CAA may, if it thinks fit, allow him further time (not exceeding such period as may be prescribed) to comply with the requirement; and if he has still not complied with it when that further time expires the CAA shall refuse the application.

(6) The grant or refusal of an application made by an airport operator under this section shall be notified to him in such manner as may be prescribed.

(7) Any permission granted under this section in respect of an airport shall come into force on whichever is the later of the following dates, namely—

(a) the date when it is granted, and

(b) the date when the airport becomes subject to economic regulation under this Part,

and shall remain in force unless and until it is revoked in pursuance of section 49(9) or the airport ceases to be subject to economic regulation under this Part by virtue of a determination of the Secretary of State under section 37(5) (and shall so remain in force notwithstanding any change of airport operator).