42Discretionary conditions: supplementary provisions
(1)Nothing in section 41(2) shall be read as authorising the CAA to impose under that provision—
(a)any condition providing for any such overall limit as is mentioned in paragraph (a)(i) of section 40(5); or
(b)any condition for regulating the maximum amount that may be levied by an airport operator by means of any particular category of charges levied by him at an airport if the same category of charges is for the time being subject to any limit or limits imposed in pursuance of paragraph (a)(ii) or (iii) of section 40(5).
(2)The CAA shall, in determining—
(a)whether an airport operator is pursuing a course of con duct within section 41(3)(a), or
(b)(where it determines that an airport operator is pursuing such a course of conduct) whether, and (if so) what, conditions should be imposed by it under section 41(2) in relation to the airport in question,
take into account any advice given to it by the Secretary of State for the purposes of this subsection as to practices currently adopted at airports in countries or territories outside the United Kingdom.
(3)Where the CAA receives from any operator of aircraft whose principal place of business is in any such country or territory any representations to the effect that the powers of the CAA under section 41(2) appear to be exercisable in relation to an airport on the grounds that the airport operator is pursuing a course of conduct within section 41(3)(a), the CAA shall notify those representations to the Secretary of State for the purpose of enabling him to determine whether to give any advice to the CAA for the purposes of subsection (2) above.