PART 1Airports

CHAPTER 1Regulation of operators of dominant airports

Modifying licences

23Restriction on power to modify

1

This section applies where—

a

a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements specified or described in the licence,

b

the financial arrangements were entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, and

c

the CAA proposes to modify the licence by removing or restricting the exception.

2

The CAA may not make such a modification unless it has determined that—

a

there has been a material change of circumstances since the day on which the exception was included in the licence condition, and

b

for users of air transport services, the benefits of the modification are likely to outweigh any adverse effects.

3

On or before the day on which it publishes a notice under section 22(2) in respect of a proposal to make such a modification, the CAA must—

a

publish a notice of its determination under subsection (2) of this section, giving its reasons for the determination, and

b

send a copy of the notice to the persons listed in subsection (4).

4

Those persons are—

a

the holder of the licence, and

b

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

5

For the purposes of subsection (1)(b), financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.

6

In subsection (2) “material change of circumstances” includes a material change in the terms of the financial arrangements.