Civil Aviation Act 2012

62 Functions under Competition Act 1998 U.K.

(1) The functions of the [F1 Competition and Markets Authority (“the CMA”)] specified in subsection (2) are to be concurrent functions of the CAA and the [F2 CMA].

(2) Those functions are the [F3 CMA’s] functions under Part 1 of the Competition Act 1998 (competition) so far as they relate to anything which—

(a) is mentioned in subsection (3)(a) to (d), and

(b) relates to the provision of airport operation services,

other than functions under sections 31D(1) to (6), 38(1) to (6)[F4 , 40B(1) to (4) ] and 51.

(3) Those things are—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b) conduct of the kind mentioned in section 18(1) of that Act,

(c) agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union, or

(d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty.

(4) References to the [F5 CMA] in Part 1 of the Competition Act 1998, other than in sections 31D(1) to (6), 38(1) to (6)[F4 , 40B(1) to (4) ] and 51, are to be read as including a reference to the CAA.

(5) But subsection (4) applies—

(a) only so far as it is consequential on subsections (1) and (2), and

(b) only if the context does not otherwise require.

Textual Amendments

F1 Words in s. 62(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(2)(a) (with art. 3)

F2 Word in s. 62(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(2)(b) (with art. 3)

F3 Word in s. 62(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(3) (with art. 3)

F4 Words in s. 62(2)(4) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 51; S.I. 2014/416, art. 2(1)(f) (with Sch.)

F5 Word in s. 62(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(4) (with art. 3)

Commencement Information

I1 S. 62 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)