Search Legislation

Civil Aviation Act 2012

Status:

This is the original version (as it was originally enacted).

Licence conditions

18Licence conditions

(1)A licence may include—

(a)such conditions as the CAA considers necessary or expedient having regard to the risk that the holder of the licence may engage in conduct that amounts to an abuse of substantial market power in a market for airport operation services (or for services that include airport operation services), and

(b)such other conditions as the CAA considers necessary or expedient having regard to the CAA’s duties under section 1.

(2)For the purposes of this section conduct may, in particular, amount to an abuse of substantial market power if it is conduct described in section 18(2)(a) to (d) of the Competition Act 1998.

19Price control conditions

(1)For the purposes of this Part a licence condition is a price control condition to the extent that it regulates prices by—

(a)providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition, or

(b)requiring the amount, or maximum amount, that may be charged to be approved by the CAA.

(2)A licence must include such price control conditions as the CAA considers necessary or expedient having regard to the risk referred to in section 18(1)(a).

(3)The duty in subsection (2) has effect subject to—

(a)the provision in this Chapter about the conditions that may be included in the licence,

(b)the provision in this Chapter about granting licences, and

(c)the provision in this Chapter and in the licence about modifying licence conditions.

(4)Subsection (5) applies where the CAA considers that the holder (“H”) of a licence for an airport area engaged in conduct amounting to an abuse of substantial market power by directly or indirectly imposing unfairly high charges in respect of activities carried on in the airport area during—

(a)a period during which H was treated as having a licence in respect of the area by virtue of section 4;

(b)a period during which H would have been so treated but for the suspension of a market power determination or operator determination under Schedule 1.

(5)The licence may include such price control conditions as the CAA considers appropriate for the purpose of depriving the holder of the licence of an amount not exceeding the amount which the CAA considers was earned from the abuse during that period.

(6)A price control condition may make provision—

(a)by reference to the amount charged for particular goods or services;

(b)by reference to the overall amount charged for a range of goods or services.

(7)A licence that includes a price control condition must include conditions specifying a period or periods for which the price control condition has effect.

20Conditions relating to CAA charges

(1)A licence may include conditions requiring the payment to the CAA of charges determined under a scheme or regulations made under section 11 of the Civil Aviation Act 1982 in respect of the carrying out of the CAA’s functions under this Chapter.

(2)Such conditions may require the payment of charges on the grant of the licence or while it continues in force (or both).

(3)The inclusion of such conditions does not prevent the CAA recovering charges mentioned in subsection (1) as a debt due to it.

21Content and effect of licence conditions

(1)Licence conditions may, in particular, include—

(a)provision for a condition to have effect or to cease to have effect at times or in circumstances specified in, or determined in accordance with, a condition,

(b)provision requiring the holder of the licence to enter into a contract or other arrangement for a purpose specified in a condition and on terms specified in, or determined in accordance with, a condition,

(c)provision requiring the holder of the licence to comply with requirements imposed (by directions or otherwise) by a specified person,

(d)provision requiring the holder of the licence to do or not to do things specified, or of a description specified, in the licence unless a specified person consents to its not doing or doing those things,

(e)provision requiring the holder of the licence to refer a matter to a specified person for approval or determination, and

(f)provision relating to activities carried on outside the airport area for which the licence is granted.

(2)In subsection (1) the references to a specified person are to—

(a)a person specified, or of a description specified, in a condition for the purpose concerned, and

(b)a person nominated for the purpose concerned by a person within paragraph (a).

(3)A licence condition may include provision for its modification only if it specifies or describes—

(a)the circumstances in which it may be modified,

(b)the types of modification that may be made, and

(c)the period or periods in which it may be modified.

(4)If a licence condition includes such provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions.

(5)Where a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, the licence may not—

(a)provide for the exception to cease to have effect at times or in circumstances specified in, or determined in accordance with, a licence condition, or

(b)provide for the CAA to determine which financial arrangements benefit from the exception.

(6)A licence condition does not have effect at a time when—

(a)the holder of the licence is not the operator of any part of the airport area for which the licence is granted, or

(b)that airport area is not a dominant area located at a dominant airport (or part of such an area) and does not include all or part of such an area,

and provision included in a licence under subsection (1)(a) has effect subject to this subsection.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources