2018 No. 1088
The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018
Sift requirements satisfied
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 20181 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, that Act.
Citation and commencement1
These Regulations may be cited as the Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.
Amendment of Regulations2
The Airports (Groundhandling) Regulations 19972 are amended as follows.
Amendment of regulation 23
In regulation 2(1) (interpretation), after the definition of “managing body of the airport” insert—
“Official Record” means a document of that name published on the website of the CAA;
Amendment of regulation 10(10)4
In regulation 10 (groundhandling for third parties)—
a
in paragraph (10), for “under the conditions laid down in Article 6(2) and (3) of the Directive” substitute “at least one of whom meets the condition in paragraph (11)”; and
b
after that paragraph, insert—
11
The condition is that the supplier is not directly or indirectly controlled by—
a
the managing body of the airport;
b
any person controlling, or directly or indirectly controlled by, that managing body;
c
any airport user which, during the calendar year preceding that in which that supplier was selected, has carried more than 25% of the passengers or freight recorded at the airport; or
d
any person controlling, or directly or indirectly controlled by, any such airport user.
Amendment of regulation 115
In regulation 11 (determinations requiring Commission approval)—
a
for the heading of that regulation substitute “Determinations by the CAA”;
b
in paragraph (1), for “the Directive” substitute “regulations 8 and 10”;
c
in paragraph (2), for “the Directive” substitute “regulations 8 and 9”;
d
in paragraph (7)(a), for “the Directive” substitute “these Regulations”;
e
omit paragraphs (11) and (12); and
f
in paragraph (14), for “(12)” substitute “(10)”.
Amendment of regulation 126
In regulation 12(5) (selection of suppliers), for “Official Journal of the European Union” substitute “CAA’s Official Record”.
Amendment of regulation 197
In regulation 19 (reciprocity)—
a
in paragraph (1)(a), omit—
i
“or another Member State or Switzerland”, and
ii
“or, as the case may be, that other Member State or Switzerland”;
b
in paragraph (1)(b), omit “or another Member State or Switzerland”;
c
omit paragraph (2); and
d
in paragraph (3), omit “, any other Member State or Switzerland”.
Amendment of Schedule 18
In Schedule 1 (procedure for a determination by the CAA under regulations 9, 10, 11, 14 and 15), omit paragraph 19.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)