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PART 1Airports

CHAPTER 1Regulation of operators of dominant airports

Licences

15Granting licence

(1)Before granting a licence the CAA must—

(a)publish a notice in relation to the proposed licence,

(b)send a copy of the notice to the persons listed in subsection (2), and

(c)consider any representations about the proposal to grant the licence, including the proposed conditions, that are made in the period specified in the notice (and not withdrawn).

(2)Those persons are—

(a)the applicant for the licence, and

(b)such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

(3)A notice under subsection (1) must—

(a)state that the CAA proposes to grant the licence to the applicant,

(b)specify the airport area for which it is to be granted,

(c)specify the airport at which the area is located,

(d)specify the conditions proposed to be included in the licence,

(e)give the CAA’s reasons for the proposed conditions, and

(f)specify a reasonable period for making representations.

(4)The CAA may withdraw a notice under subsection (1) at any time.

(5)If, after complying with subsections (1) to (3), the CAA decides to grant the licence, it must—

(a)publish a copy of the licence and a notice in relation to the licence, and

(b)send a copy of the licence and the notice to the persons listed in subsection (2).

(6)The CAA is not to be treated as having complied with subsections (1) to (3) in relation to a licence granted to an applicant for an area if the conditions included in the licence when it is granted differ significantly from the conditions proposed in the notice under subsection (1) relating to the applicant and the area (or, if more than one, the latest such notice).

(7)A notice under subsection (5) must—

(a)specify the date from which the licence comes into force (subject to subsection (9)),

(b)give the CAA’s reasons for the conditions included in the licence,

(c)state how it has taken account of any representations made in the period specified in the notice under subsection (1), and

(d)state the reason for any differences between the conditions included in the licence and those proposed in the notice under subsection (1).

(8)The date specified under subsection (7)(a) must be a date falling after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published.

(9)If the CAA grants a licence to a person in respect of an airport area at a time when the person is not the operator of any part of the area, the licence does not come into force until the person becomes the operator of all or part of the area.