Part I Air traffic
Chapter V Competition
I186 Functions exercisable by CAA and F23CMA
1
The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and F9the CMA.
F12
This subsection applies to the F10CMA’s functions under Part 4 of the 2002 Act (other than sections 166 F11, 171 and 174E) so far as F12those functions—
F12a
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
F12b
relate to the supply of air traffic services.
F43
This subsection applies to the F13CMA’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6), 38(1) to (6) F14, 40B(1) to (4) 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, F24or
F25c
transferred EU anti-trust commitments or transferred EU anti-trust directions,
which relate to the supply of air traffic services.
4
References to F15the CMA in—
a
b
must be read as including references to the CAA.
F74A
References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.
5
But F20...—
a
F21subsections (4) and (4A) apply only so far as they are consequential on subsections (1) to (3) above, and
b
F22subsection (4) applies only if the context does not otherwise require.
F85A
Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—
a
as if for subsection (1) of that section there were substituted—
1
Where the Civil Aviation Authority—
a
is proposing to carry out its functions under section 91(1) of the Transport Act 2000 in relation to a matter for the purposes mentioned in subsection (2), and
b
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).
b
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.
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
F3Part 4 of the 2002 Act, or
b
on the ground that it should have been done by or in relation to F17the CMA.