4.—(1) The managing body of an airport which is designated as a schedules facilitated airport shall appoint a person as the schedules facilitator for that airport.
(2) The managing body of an airport which is designated as a coordinated airport shall [F1, subject to paragraph (2A),] appoint a person as the coordinator for that airport.
[F2(2A) In relation to an Olympic coordinated airport, the Secretary of State shall appoint a person as the coordinator for that airport.]
(3) No person shall be appointed pursuant to paragraph (1) or paragraph (2) unless that appointment has been approved by the Secretary of State following consultation by him in accordance with paragraph 1 of Article 4 of the council regulation.
(4) No person shall be appointed pursuant to paragraph (2) [F3or (2A) respectively] unless the managing body [F4or, as the case may be, the Secretary of State] is satisfied that—
(a)that person’s functions in his capacity as a coordinator are separate or will be separated from the functions of any interested party; and
(b)that person’s activities in his capacity as a coordinator are financed by means of a system that guarantees the coordinator’s independence.
(5) Each coordinator or schedules facilitator shall act in an independent, neutral, non-discriminatory and transparent manner.
(6) The Secretary of State may by written notice served on the managing body of an airport and the coordinator or schedules facilitator for that airport withdraw any approval given pursuant to paragraph (3) if the Secretary of State is satisfied that any breach of paragraph (4) (in the case of a coordinator only) or paragraph (5) has occurred in relation to that person.
(7) Any original coordinator appointed in respect of a coordinated airport shall be deemed to have been duly approved and appointed as the schedules facilitator for that airport in accordance with—
(a)Article 4 of the council regulation; and
(b)this regulation.
(8) Any original coordinator appointed in respect of a fully coordinated airport shall be deemed to have been duly approved and appointed as the coordinator for that airport in accordance with—
(a)Article 4 of the council regulation; and
(b)this regulation.
(9) Any appointment (or deemed appointment) referred to in this regulation shall [F5, subject to paragraph (9A),] continue unless and until, following consultation by the Secretary of State in accordance with paragraph 1 of Article 4 of the council regulation, the Secretary of State determines that such appointment shall cease to have effect by written notice served on the—
(a)managing body of the airport to which the appointment relates; and
(b)the schedules facilitator or coordinator for that airport.
[F6(9A) The Secretary of State may, by written notice served on the managing body of an Olympic coordinated airport and the coordinator for that airport, withdraw the appointment of that coordinator if the Secretary of State is satisfied that a breach of paragraph (4) or (5) has occurred in relation to that person.]
(10) If a notice is served in accordance with paragraph (9), an appointment shall cease to have effect at the end of the period specified in that notice but without prejudice to any rights or liabilities acquired or incurred by the—
(a)managing body of the airport to which the appointment relates; and
(b)schedules facilitator or coordinator at that airport.
[F7(10A) Where an appointment under paragraph (2A) ceases to have effect in accordance with paragraph (10) it shall also be without prejudice to any rights or liabilities acquired or incurred by—
(a)the managing body of London City Airport, Gatwick Airport, Heathrow Airport and Stansted Airport; and
(b)the coordinator to whom the appointment relates,
in connection with regulation 4A(1)(b).]
(11) No person shall act as a schedules facilitator for an airport which is designated (or deemed to have been designated by regulation 3(1)) as a schedules facilitated airport or as a coordinator for an airport which is designated (or deemed to have been designated by regulation 3(2)) as a coordinated airport unless he is either—
(a)duly approved [F8as the case may require] and appointed by virtue of paragraphs (1) to (3); or
(b)deemed to be so duly approved and appointed by virtue of paragraph (7) or paragraph (8).
(12) Any person who contravenes paragraph (11) shall be guilty of an offence.
Textual Amendments
F1Words in reg. 4(2) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(a) (with reg. 1(2))
F2Reg. 4(2A) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(b) (with reg. 1(2))
F3Words in reg. 4(4) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(c)(i) (with reg. 1(2))
F4Words in reg. 4(4) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(c)(ii) (with reg. 1(2))
F5Words in reg. 4(9) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(d) (with reg. 1(2))
F6Reg. 4(9A) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(e) (with reg. 1(2))
F7Reg. 4(10A) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(f) (with reg. 1(2))
F8Words in reg. 4(11)(a) inserted (temp.) (1.8.2011) by virtue of The Airports Slot Allocation (Amendment) Regulations 2011 (S.I. 2011/1610), regs. 1(1), 4(g) (with reg. 1(2))
Commencement Information