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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

Prohibition

3Prohibition

(1)Subsection (2) applies where for a period—

(a)a person (“P”) is the operator of an airport area (“area A”) that is a dominant area or part of a dominant area,

(b)area A is located at a dominant airport, and

(c)P does not have a licence in respect of area A.

(2)The persons mentioned in subsection (3) may not require a person to pay a relevant charge in respect of airport operation services that are provided during that period in—

(a)area A, or

(b)any other area that forms part of the same airport and in respect of which P is the operator and does not have a licence.

(3)Those persons are—

(a)P,

(b)a person who is connected to P,

(c)a person to whom P or a person connected to P has assigned the right to require payment of the charge, and

(d)a person acting on behalf of a person within paragraph (a), (b) or (c).

(4)If a person requires payment of charges in contravention of subsection (2)

(a)the charge is not recoverable by the person, and

(b)if paid, the charge is recoverable from the person.

(5)A charge is not irrecoverable under subsection (4)(a) or recoverable under subsection (4)(b) by reason of—

(a)the invalidity of a market power determination (and the consequent continuation in effect of a previous market power determination), or

(b)the invalidity of an operator determination,

if it is a charge in respect of services provided before invalidity is finally determined in legal proceedings.

(6)Subsection (5) applies—

(a)whether or not the charge is required to be paid before the final determination of invalidity, and

(b)whether or not the charge is paid before that determination.

(7)The CAA may enforce subsection (2) in civil proceedings for an injunction or, in Scotland, an interdict.

(8)In this section “relevant charge” means any charge other than—

(a)a penalty payable by virtue of section 38C of the Civil Aviation Act 1982 (breaches of noise control schemes),

(b)a penalty payable by virtue of section 78A of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes), or

(c)a charge payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services).

4Prohibition: exemption

(1)This section applies if a person who is the operator of an airport area (“area A”) on a day on which area A becomes a dominant area located at a dominant airport, or part of such an area, does not have a licence in respect of area A on that day.

(2)For the purposes of section 3, the person is to be treated as having a licence in respect of area A during the preliminary period.

(3)The preliminary period begins for area A on the day mentioned in subsection (1).

(4)The preliminary period ends for area A when one of the following occurs—

(a)a licence is granted to the person in respect of area A or an area that includes all of area A;

(b)the CAA publishes a notice of its decision to refuse to grant a licence to the person in respect of area A;

(c)the person ceases to be the operator of area A;

(d)area A ceases to be a dominant area or part of a dominant area;

(e)the airport at which area A is located ceases to be a dominant airport.

(5)If subsection (4)(a), (b), (c) or (d) is satisfied in relation to a part of area A, the preliminary period ends for that part of the area.

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