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The Airports (Northern Ireland) Order 1994

Status:

This is the original version (as it was originally made).

Interpretation of this Part

27.—(1) In this Part—

“the 1973 Act” means the Fair Trading Act 1973(1);

“the 1980 Act” means the Competition Act 1980(2);

“airport charges”, in relation to an airport, means—

(a)

charges levied on operators of aircraft in connection with the landing, parking or taking off of aircraft at the airport (including charges that are to any extent determined by reference to the number of passengers on board the aircraft, but excluding charges payable by virtue of regulations under section 73 of the 1982 Act (air navigation services etc.)); and

(b)

charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air;

“air transport services” means services for the carriage by air of passengers or cargo;

“cargo” includes mail;

the Commission” means the Monopolies and Mergers Commission;

“operational activities”, in relation to an airport, means, subject to paragraph (2), any activities—

(a)

which are carried on wholly or mainly for the benefit of users of the airport; or

(b)

the revenues from which are wholly or mainly attributable to payments by such users;

“prescribed” has the meaning given by paragraph (3);

“relevant activities”, in relation to an airport, means, subject to paragraph (4), the provision at the airport of any services or facilities for the purposes of—

(a)

the landing, parking or taking off of aircraft;

(b)

the servicing of aircraft (including the supply of fuel); or

(c)

the handling of passengers or their baggage or of cargo at all stages while on airport premises (including the transfer of passengers, their baggage or cargo to and from aircraft);

“user”, in relation to an airport, means—

(a)

a person for whom any services or facilities falling within the definition of “relevant activities” are provided at the airport; or

(b)

a person using any of the air transport services operating from the airport.

(2) If the Secretary of State makes an order under section 30(4) of the Airports Act 1986(3) modifying the definition of “operational activities” in that provision, the Department may by order make corresponding modifications of the definition of “operational activities” in paragraph (1).

(3) Without prejudice to the generality of section 7(2) of the 1982 Act (special provisions as respects certain functions of the CAA), regulations made by the Secretary of State in pursuance of that provision may prescribe for the purposes of that provision any functions conferred on the CAA by this Part; and in this Part “prescribed” means prescribed by regulations so made.

(4) The reference in the definition of “relevant activities” in paragraph (1) to the provision of facilities for the purposes of the handling of passengers does not include the provision of facilities for car parking, for the refreshment of passengers at the airport or for the supply of consumer goods or services there.

(5) For the purposes of this Part a body corporate shall be treated as an associated company of an airport operator if either that body or the airport operator is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of one and the same body corporate.

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