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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

21Content and effect of licence conditions
This section has no associated Explanatory Notes

(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.

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