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Civil Aviation Act 2012

Interpretation
Section 66: Airports and Section 67: Airports: supplementary

192.These sections define what an airport is for the purposes of this Part of the Act.

193.Section 66(1) states that an airport comprises an aerodrome (as defined in the CAA 1982) as well as other land, buildings and structures used for the purposes described in paragraphs (a) to (f).

194.Section 105(1) of the CAA 1982 defines an aerodrome as “any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically”.

195.Section 67 provides further clarification on what is and is not included in the definition of an airport. For example it states that a passenger (who has not arrived by air) arrives at the airport when they arrive at one of the following:

  • the passenger terminal building;

  • the terminal forecourt; or

  • a car park with pedestrian access to the terminal.

196.The Secretary of State may by regulations provide that land, buildings and other structures are or are not to be treated as part of an airport, or part of the core area of an airport, for the purposes of Part 1 of the Act.

Section 68: Airport operation services

197.The CAA’s primary duty (section 1(1), which governs all of its functions under Chapter 1 of Part 1) is to further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.

198.Subsection (1) defines what services provided at an airport (as defined in sections 66 and 67) comprise “airport operation services”. They include services provided for the landing, taking off, servicing and parking of aircraft and for the arrival, departure and processing of passengers and cargo. For example, providing facilities for baggage reclaim is included and so is providing lighting on the runway. Subsections (3) and (4) provide further clarification on what services are and are not included in airport operation services. For example, they do not include air transport services (defined in section 69) or air traffic services (defined in section 72) or retail sales in terminal shops.

199.For the purposes of this Part of the Act subsection (5) clarifies that “airport operation services” include permitting a person to access or use land. Section 72(2) further clarifies that any reference to providing a service includes providing a facility. As a result the provision of space to retailers in the terminal building would be caught by the definition of airport operation services; however, due to section 68(3)(c), the provision of retail services (for example duty free sales) would not.

200.The Secretary of State may by regulations provide that services are or are not to be treated as airport operation services for the purposes of Part 1 of the Act.

Section 69: Air transport services

201.The CAA’s primary duty (section 1(1), which governs all of its functions under Chapter 1 of Part 1) is to further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.

202.This section defines “air transport service” and “provider” and “user” of such services. Users comprise: current and future passengers of both commercial and private flights; and those with current and future property rights in cargo which is transported by air.

203.The definition of users of air transport services does not include airlines, pilots or other members of crew.

204.Only flights to or from airports in the United Kingdom are covered by the definition.

Section 70: Joint operators of areas

205.Subsection (1) of this section defines joint operators in relation to airport areas. There are joint operators where two or more persons jointly have overall responsibility for the management of all of the area. This mirrors the provision made by subsection (1) of section 9 in relation to sole operators.

206.One example of joint operators would be where the ownership structure of an airport area is a partnership. Partnership is defined by section 1 of the Partnership Act 1890 as “the relation which subsists between persons carrying on a business in common with a view of profit”.

207.Subsection (2) clarifies that the power of the Secretary of State to make regulations under section 9 about when a person is or is not to be treated as having overall responsibility for the management of an airport area includes power to make provision about when two or more persons are to be treated as jointly having overall responsibility for the management of an airport area.

208.Subsection (3) clarifies that the CAA’s powers in section 10 to make operator determinations include the making of a determination that there are joint operators.

209.Subsection (4) empowers the Secretary of State to make regulations modifying the provisions of Chapters 1 and 3 of the Act in respect of joint operators. This is required because aspects of Chapters 1 and 3 may need to be modified in order to apply in the intended way where there are joint operators.

Section 71: Connected persons

210.Sections 3, 16, 21, 23, 25, 44 and Schedule 2 refer to the concept of “connected persons”. Section 71 defines this concept for the purposes of Part 1 of the Act. Connected persons are defined by reference to the Companies Act 2006 using the definition of “group undertaking” set out in section 1161 of that Act in order to cover any arrangements an operator may have within a company group. Subsection (3) enables the Secretary of State to modify the “connected persons” definition for the purposes of Part 1.

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