The Airports (Northern Ireland) Order 1994

Preliminary N.I.

Interpretation of this Part N.I.

27.—(1) In this Part—

• “the 1973 Act” means the Fair Trading Act 1973F1 ;

• “the 1980 Act” means the Competition Act 1980F2 ;

• “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, [F3 but excluding excepted charges]); 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[F4 Competition Commission];

• [F5 “excepted charges” means—

  (a)

  penalties payable by virtue of section 78A of the 1982 Act (penalty schemes established by managers of aerodromes);

  (b)

  charges payable for services provided for airport users as described in the Annex to the Council Directive 96/67/EC of 15th October 1996 on access to the groundhandling market at Community airports;

  (c)

  charges payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services);

  (d)

  charges referred to in Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility; and

  (e)

  charges for en route and terminal air navigation services determined in accordance with Chapter III of Commission Regulation (EC) No. 1794/2006 of 6th December 2006 laying down a common charging scheme for air navigation services, as amended by Commission Regulation (EU) No. 1191/2010 of 16th December  2010;]

• “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 1986F6 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.

F1 1973 c.41

F2 1980 c.21

F3 Art. 27(1): words in definition of "airport charges" substituted (10.11.2011) by Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 25(2)(a) (with reg. 26)

F4 SI 1999/506

F5 Art. 27(1): definition of "excepted charges" inserted (10.11.2011) by Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 25(2)(b) (with reg. 26)

F6 1986 c.31