The Airport Charges Regulations 2011

PART 3 U.K. Consultation about airport charges and services

Advance information from airport users U.K.

7.—(1) A regulated airport operator must give a notice to all airport users in relation to the regulated airport it manages each year in accordance with this regulation.

(2) A notice must require the airport user to provide the following information to the regulated airport operator within a period specified in the notice of not less than 30 days beginning with the day on which the airport user receives the notice—

(a) forecasts as regards its traffic at the airport,

(b) forecasts as to the composition and envisaged use of its fleet at the airport,

(c) its development projects at the airport, and

(d) its requirements at the airport.

(3) A notice must invite the airport user to make representations or provide any other information to the regulated airport operator as to the system or level of airport charges and the associated quality of service.

(4) On receipt of a notice under paragraph (1) an airport user must provide to the regulated airport operator the information required under paragraph (2) in so far as is relevant to it.

Annual consultations U.K.

8.—(1) A regulated airport operator must supply to all airport users in relation to the regulated airport it manages—

(a) details of its intended future airport charges,

(b) details of the associated quality of service it intends to provide, and

(c) information on the components serving as a basis for determining the system or level of all charges proposed, including the matters set out in paragraph (2).

(2) The matters are—

(a) a list of the various services and infrastructure provided in return for the airport charges levied,

(b) the methodology used for setting airport charges,

(c) the overall cost structure of the airport with regard to the facilities and services to which airport charges relate,

(d) details of the revenue from the different components of airport charges and the total costs of the associated services or facilities,

(e) any financing provided by a public authority in connection with the facilities and services to which airport charges relate,

(f) forecasts for the charges, traffic growth and proposed investments at the airport,

(g) the details of the actual use of the airport infrastructure and equipment over at least the previous 12 months, and

(h) the predicted outcome of any major proposed investments in terms of their effect on airport capacity.

(3) A regulated airport operator must fulfil its obligation under paragraph (1) once a year within three months of giving notices to airport users in accordance with regulation 7.

(4) After supplying information in accordance with paragraph (1) the regulated airport operator must, in so far as practicable, hold consultations with the airport users on its intended future airport charges and the associated quality of service.

Proposals to change airport charges U.K.

9.—(1) If a regulated airport operator intends to change the system or level of airport charges or the quality of service associated with an airport charge at an airport that it manages it must give a notice in accordance with this regulation at least four months before the change has effect.

(2) The obligation to give a notice no later than four months before making a change does not arise where there are exceptional circumstances making this not practicable and in such circumstances paragraph (3) applies.

(3) Where this paragraph applies the regulated airport operator must—

(a) explain the exceptional circumstances to the airport users and the CAA, and

(b) give a notice in accordance with this regulation as soon as practicable and before the intended changes are made.

(4) A notice under this regulation must be given to each person who is an airport user in relation to the airport.

(5) The notice must—

(a) identify the time from which the change is intended to have effect, and

(b) provide information on the components serving as a basis for determining the system or level of airport charges for which a change (including a change to the quality of the associated service) is proposed, including the matters set out in regulation 8(2)(a) and (b).

(6) After giving notices under this regulation the regulated airport operator must, in so far as practicable, hold consultations with the airport users on its intended changes.

(7) The obligations in this regulation may be satisfied as part of or in conjunction with the satisfaction of obligations under regulation 8.

Agreements not to require consultation etc. U.K.

10.  The obligations under regulations 7 and 8 do not arise in relation to a particular year if in the preceding year this was agreed by the regulated airport operator and all airport users in relation to the airport.

Multi-annual agreements U.K.

11.—(1) This regulation applies where the system or level of one or more airport charges (and the associated quality of service) in relation to a regulated airport is determined for more than 12 months by or in accordance with an agreement between the regulated airport operator and all the airport users in relation to that airport (“a multi-annual agreement”).

(2) Subject to paragraph (3), where this regulation applies the obligations which would otherwise arise under this Part do not arise in respect of the system or level of an airport charge (and the associated quality of service) for as long as they are determined by the multi-annual agreement.

(3) The Secretary of State may direct any regulated airport operator in Great Britain and the Department for Regional Development may direct any regulated airport operator in Northern Ireland to consult in respect of the system or level of airport charges (or the associated quality of service) at the relevant airport where they are the subject of a multi-annual agreement.

(4) Directions under paragraph (3) may include directions as to the matters to be consulted on and the procedures to be followed.

(5) A regulated airport operator must consult in accordance with any direction given to it under this regulation.

Service level agreements U.K.

12.—(1) The obligations under regulations 7 and 8 do not arise in respect of an airport user where paragraph (2) applies in the context of negotiations conducted with a view to the conclusion of a service level agreement.

(2) This paragraph applies where a regulated airport operator and an airport user provide information of equivalent detail, and consult each other to an equivalent degree, as they otherwise would have done in accordance with regulations 7 and 8.

(3) For the purposes of paragraph (1), a “service level agreement” is an agreement determining the quality of service to be provided by an airport operator which takes into account the actual system or level of airport charges and the quality of service to which airport users are entitled in return for airport charges.