PART 1Airports
CHAPTER 1Regulation of operators of dominant airports
Dominant airports
I112Advance determinations
1
The CAA may make a market power determination or an operator determination based entirely or partly on circumstances that have not arisen at the time the determination is made.
2
The CAA must specify the circumstances in the determination.
3
The CAA may make a determination in reliance on subsection (1) only if it considers that the specified circumstances are likely to arise.
4
Sections 8 and 11 do not require the CAA to publish or send a copy of a notice of a determination made in reliance on subsection (1), or reasons for such a determination, at a time when—
a
the circumstances specified in the determination have not arisen, and
b
it considers that doing so would involve disclosing commercially sensitive information.
5
If a notice of a market power determination made in reliance on subsection (1) is published before the circumstances specified in the determination arise—
a
an airport area or airport is not dominant by virtue of the determination until those circumstances arise, and
b
a previous market power determination which would otherwise cease to have effect by virtue of section 7(9) or (10) continues to have effect until those circumstances arise.
6
If a notice of an operator determination made in reliance on subsection (1) is published before the circumstances specified in the determination arise, a person is not to be treated as having or not having overall responsibility for the management of an airport area by virtue of the determination until those circumstances arise.