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.