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The Airport Charges Regulations 2011

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This is the original version (as it was originally made).

PART 2Regulated airports

Regulated airports

4.—(1) An airport is a regulated airport during a year if more than five million passenger movements took place at the airport in the year but one preceding that year.

(2) The fact that an airport ceases to be a regulated airport does not affect any rights or liabilities accruing by virtue of these Regulations before the airport ceased to be such an airport.

Reporting

5.—(1) An airport operator in relation to an airport must inform the CAA in writing of the number of passenger movements at the airport during a year if—

(a)the airport was a regulated airport during that year, or

(b)the CAA has given notice that this regulation applies in relation to that airport and that year.

(2) Notice under paragraph (1)(b) in relation to an airport must be given to the person who is for the time being the airport operator in relation to the airport.

(3) The CAA may not give notice under paragraph (1)(b)—

(a)in relation to 2010, after 30th November 2011, or

(b)in relation to any other year, after 30th November in that year.

(4) The CAA may not give a notice under paragraph (1)(b) in relation to an airport and a year unless it considers that, during at least one of the three years following that year, more than five million passenger movements may take place at that airport.

(5) Subject to paragraph (6), the airport operator must comply with paragraph (1) before 1st February in the following year.

(6) Where notice has been given in relation to 2010, the airport operator must comply with paragraph (1) before 31st December 2011.

(7) Subsections (3) and (4) of section 73 of the 1986 Act (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under subsection (1) of that section.

(8) Paragraphs (3) and (4) of Article 48 of the 1994 Order (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under paragraph (1) of that Article.

Publication

6.—(1) The CAA must by 31st January 2012 or as soon after as practicable publish a list of the airports which it considers are regulated airports in 2012.

(2) The CAA must by 1st March of each year or as soon after as practicable publish a list of the airports which it considers will be regulated airports the following year.

(3) The CAA may amend and re-publish any list published in accordance with this Regulation.

(4) Where there is an apparent inconsistency between information provided under regulation 5 and the most recent relevant figures produced by Eurostat, the CAA must consider whether it requires additional information from an airport operator in order to produce or amend any such list.

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