The Airports (Groundhandling) Regulations 1997

[F1 Determinations by the CAA] U.K.

11.—(1) Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to open up the market for the supply of groundhandling services to the degree provided for in [F2 regulations 8 and 10], the CAA may, on an application made to it by the managing body of the airport concerned, determine to:

(a) limit the number of suppliers of one or more categories of groundhandling services, other than airside services, to no fewer than two suppliers for each category of groundhandling services; or

(b) reserve to a single supplier one or more airside services

at the airport or part of the airport.

(2) Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to implement self-handling to the degree provided for in [F3 regulations 8 and 9], the CAA may, on an application made to it by the managing body of the airport concerned, determine to:

(a) reserve self-handling to a limited number of airport users for one or more categories of groundhandling services other than airside services; or

(b) ban self-handling or restrict it to a single airport user for one or more airside services

at the airport or part of the airport.

(3) A determination made pursuant to paragraph (1) or (2) above shall specify:

(a) the airport and, where appropriate, the part of the airport to which it applies;

(b) the groundhandling services to which it relates;

(c) the number of suppliers of groundhandling services authorised to provide those services or, as the case may be, the number of airport users who may exercise the right to self-handle in relation to those services;

(d) in the case of a determination made pursuant to paragraph (2) above, the airport users who may exercise that right;

(e) the specific constraints of available space or capacity which justify the determination;

(f) the period for which it shall apply; and

(g) the date on which it takes effect.

(4) Where the CAA has made a determination pursuant to paragraph (2) above, it shall choose the airport users who may exercise the right to self-handle on the basis of relevant, objective, transparent and non-discriminatory criteria.

(5) A determination made pursuant to paragraph (1) or (2) above, other than a determination made pursuant to paragraph (1)(b) above, shall be made for a period not exceeding three years.

(6) A determination made pursuant to paragraph (1)(b) above shall be made for a period not exceeding two years.

(7) A determination made by the CAA pursuant to paragraph (1) or (2) above shall not:

(a) unduly prejudice the aims of [F4 these Regulations];

(b) give rise to distortions of competition between suppliers of groundhandling services or self-handling airport users or both;

(c) extend further than necessary.

(8) A determination made by the CAA pursuant to paragraph (1) above shall not take effect earlier than—

(a) at a category A airport, 1st January 1999; or

(b) at a category B airport, 1st January 2001.

(9) A determination made pursuant to paragraph (2) above shall not take effect earlier than 1st January 1998.

(10) Where an application is made pursuant to paragraph (1) or (2) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.

F5 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) On an application made to it by the managing body of the airport concerned the CAA may determine to renew from time to time any determination made pursuant to paragraph (1) or (2) above save that a determination made pursuant to paragraph (1)(b) above may be renewed once only.

(14) Paragraphs (1) to [F6 (10)] above shall apply, with the necessary modifications, to an application for and the making of a renewal determination under paragraph (13) above as they applied to the application for and the making of the determination the subject of the application for renewal.

(15) A determination made pursuant to paragraph (13) above shall be made no later than three months before the expiry of the determination which it is intended to renew and shall come into force no earlier than the date on which that determination expires.

Textual Amendments

F1 Reg. 11 heading substituted (31.12.2020) by The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 11(1) substituted (31.12.2020) by The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 11(2) substituted (31.12.2020) by The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 11(7)(a) substituted (31.12.2020) by The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(d); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 11(11)(12) omitted (31.12.2020) by virtue of The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(e); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in reg. 11(14) substituted (31.12.2020) by The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 5(f); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 11 in force at 27.10.1997, see reg. 1(2)