SCHEDULE 17Transport

Regulation 2

Interpretation - ports and harbours

1.

In paragraph 2—

“harbour” is to be construed in accordance with section 313(1) of the Merchant Shipping Act 199572;

“infrastructure” means infrastructure, facilities and equipment within a port or harbour directly related to the movement of freight, passengers or seafarers;

“operating” means controlling the functioning of the port, harbour, terminal, wharf or other infrastructure;

“port” means an area of land and water made up of infrastructure which permits—

(a)

the receiving and departing of ships;

(b)

the loading and unloading of ships;

(c)

the storage of cargo;

(d)

the receipt and delivery of cargo; or

(e)

the embarkation and disembarkation of passengers, crew and other persons;

“ship” is to be construed in accordance with section 313(1) of the Merchant Shipping Act 1995.

Activity – ports and harbours

2.

A qualifying entity carrying on activities that consist of or include—

(a)

owning or operating a port or harbour in the United Kingdom that handled 1 million tonnes or more of cargo as recorded in the Port Freight Annual Statistics73 published by the Department for Transport, in the year preceding the year in which the acquisition is due to be completed; or

(b)

owning and operating terminals, wharves or other infrastructure situated in a port or harbour described in sub-paragraph (a).

Interpretation -airports and air traffic control

3.

(1)

In paragraph 4—

“airport” has the meaning set out in section 66(1) of the Civil Aviation Act 201274;
“en route air traffic control services” mean services provided pursuant to a licence under section 6 of the Transport Act 200075;

“operating an airport” means having overall responsibility for its management;

“parent undertaking” has the meaning set out in section 1162 of the Companies Act 200676;

(2)

The entities that are to be regarded as owning an airport for the purposes of paragraph 4 are—

(a)

a company which owns the airport (“C”); and

(b)

any parent undertaking of C ;

(3)

The entities that are to be regarded as owning a provider of en route air traffic control services for the purposes of paragraph 4 are—

(a)

a company which owns such a provider (“C”); and

(b)

any parent undertaking of C.

Activity – airports and air traffic control

4.

A qualifying entity carrying on activities that consist of or include—

(a)

owning or operating an airport in the United Kingdom that handled at least six million passenger movements or 100,000 tonnes of freight in 2018, as recorded in the UK Airports Annual Statements of Movements, Passengers and Cargo published by the Civil Aviation Authority77;

(b)

providing en route air traffic control services in the United Kingdom;

(c)

owning a provider of en route air traffic control services in the United Kingdom.