Part IV Economic Regulation of Airports
Supplementary
51 Supplementary provisions relating to conditions.
1
Any condition imposed by the CAA under this Part otherwise than in pursuance of section 40(3) shall (subject to the provisions of this section and to the continuation in force of a permission under this Part in respect of the airport in question) either remain in force for a particular period or remain in force without limit of time, as the CAA may determine; and when imposing any such condition the CAA shall accordingly either—
a
specify the period in question, or
b
specify that it is a condition whose duration is unlimited,
as the case may require.
2
Where the CAA has in the case of any condition specified a period under subsection (1)(a), the CAA may, if it thinks fit, determine that that period shall be extended by such period as may be specified in its determination.
3
Where any such conditions as are mentioned in section 40(2) are in force in relation to an airport, the CAA may at any time modify or revoke those conditions; but the CAA shall not revoke any such conditions otherwise than in connection with replacing them with further conditions unless the conditions revoked were imposed in pursuance of section 41(1).
4
Where any such conditions as are mentioned in section 41(2) are in force in relation to an airport (being conditions imposed otherwise than following a reference to the Commission under section 43(3)) the CAA may at any time modify or revoke those conditions unless—
a
subsection (5)(a) operates to preclude the modification of the conditions under this subsect ion, or
b
that provision has previously so operated and the conditions were modified following a reference to the Commission made in pursuance of subsection (5)(b).
5
Before making any modifications under subsection (4) whose object is the more effective securing of the purpose for which the conditions concerned were imposed the CAA shall notify the airport operator concerned of the course of conduct within section 41(3)(a), (b) or (c) which it appears to the CAA that he is still pursuing and of the modifications which it proposes to make; and, if within such period as may be prescribed, the airport operator notifies the CAA that he objects to its proposals, the CAA—
a
shall not proceed with the implementation of those proposals, but
b
may instead make a reference to the Commission in respect of the airport under section 43(3);
and, in relation to any such reference, section 43(3) shall have effect as if references to section 41(6) were references to this subsection.
6
Where any conditions have been imposed or modified by the CAA in relation to an airport for the purpose of remedying or preventing any such adverse effects as are mentioned in section 46(2), the CAA may—
a
make such modifications or further modifications of those conditions as it considers appropriate, or
b
revoke the conditions,
as long as the modifications or revocation in question would not permit of the occurrence or (as the case may be) recurrence of any of those adverse effects.
7
Where under this Part the CAA imposes any condition in relation to an airport or modifies, extends the period of operation of, or revokes, any such condition the CAA shall notify the airport operator of the imposition, modification or revocation of the condition, or (as the case may be) of the extension of the period of its operation, in such manner as may be prescribed.
8
Where a permission is in force under this Part in respect of an airport, the airport operator shall, if so required by any person and on payment of such reasonable fee as the airport operator may determine, provide that person with a copy of that permission and of any conditions for the time being in force under this Part in relation to the airport.