SCHEDULE 9Certain amendments of sectoral enactments
Part 1 Power of enforcement orders to amend licence conditions etc.
Airports Act 1986 (c. 31)
2
(1)
Section 54 of the Airports Act 1986 (modification of certain conditions in force under Part 4 of that Act) shall be amended as follows.
(2)
“(1)
Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the revocation or modification of any relevant conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
(1A)
In subsection (1) “relevant order” means—
(a)
an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—
(i)
one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by an airport operator; or
(ii)
one or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by an airport operator; or
(b)
an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the carrying on of any operational activities relating to one or more than one airport.”
(3)
Subsection (3) shall cease to have effect.
(4)
“(4)
Expressions used in subsection (1A) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.”