SCHEDULES

SCHEDULE 10Regulation of operators of dominant airports: transitional provision

PART 1Regulation

Market power determinations: designated airports

I12

1

This paragraph applies where, immediately before the commencement day, an airport is a designated airport.

2

The market power test is to be treated as met on the commencement day in relation to the airport area consisting of the whole of the airport.

3

Part 1 of this Act has effect on and after the commencement day as if the CAA—

a

had made a determination to that effect on the commencement day, and

b

had published a notice of the determination on that day in accordance with section 8.

4

In section 7(5) (disapplication of CAA's duty to make market power determination), the reference to a market power determination previously made by the CAA does not include a determination treated as made by virtue of sub-paragraph (3).

5

Section 8(3) (CAA's reasons for determination) does not apply in relation to the notice treated as published under sub-paragraph (3).

6

A person may not appeal under Schedule 1 against the market power determination treated as made under sub-paragraph (3).