(1)The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and [F1the OFT].
[F2(2)This subsection applies to the OFT’s functions under Part 4 of the 2002 Act (other than sections 166 and 171) so far as they relate to the supply of air traffic services.]
[F3(3)This subsection applies to the OFT’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6), 38(1) to (6) and 51), so far as relating to—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b)conduct of the kind mentioned in section 18(1) of that Act,
(c)agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or
(d)conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,
which relate to the supply of air traffic services.]
(4)References to [F4the OFT] in—
(a)[F5Part 4 of the 2002 Act (except for sections 166 and 171 but including provisions of that Act applied by that Part)], and
(b)Part I of the 1998 Act ([F6except in sections 31D(1) to (6), 38(1) to (6)], 51, 52(6) and (8) and 54),
must be read as including references to the CAA.
(5)But subsection (4) applies—
(a)only so far as it is consequential on subsections (1) to (3) above, and
(b)only if the context does not otherwise require.
(6)If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.
(7)No objection may be taken to anything done by or in relation to the CAA—
(a)[F7Part 4 of the 2002 Act], or
(b)under Part I of the 1998 Act ([F8except under section 31D(1) to (6), 38(1) to (6)] or 51),
on the ground that it should have been done by or in relation to [F9the OFT].
Textual Amendments
F1Words in s. 86(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(7)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2S. 86(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(2); S.I. 2003/1397, art. 2(1), Sch.
F3S. 86(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(a)
F4Words in s. 86(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(7)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Words in s. 86(4)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(3); S.I. 2003/1397, art. 2(1), Sch.
F6Words in s. 86(4)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(b)
F7Words in s. 86(7)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(4); S.I. 2003/1397, art. 2(1), Sch.
F8Words in s. 86(7)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(c)
F9Words in s. 86(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(7)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I1S. 86 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)