Search Legislation

Civil Aviation Act 2012

Status:

This is the original version (as it was originally enacted).

77Crown application
This section has no associated Explanatory Notes

(1)Chapter 2 of this Part binds the Crown to the extent that it applies or modifies provisions of the Competition Act 1998, subject to section 73 of that Act.

(2)The following provisions of this Part bind the Crown—

(a)Chapter 1, other than sections 50 to 52, and

(b)Chapter 3,

subject to subsections (3) and (5) to (9).

(3)Chapters 1 and 3 of this Part do not affect Her Majesty in her private capacity.

(4)Subsection (3) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Part.

(5)Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in the course of carrying out exempt Crown functions.

(6)If the operator of an airport area (“area C”) exercises overall responsibility for its management in the course of carrying out exempt Crown functions—

(a)section 7(2) (requirement to make market power determination) does not apply in respect of area C,

(b)section 14(4) (deemed application for licence where airport area becomes dominant) does not apply in relation to the operator, and

(c)the absence of a licence in respect of area C does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in area C or another area that forms part of the same airport.

(7)Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in an exempt Crown airport area.

(8)The absence of a licence in respect of an exempt Crown airport area does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in another area that forms part of the same airport.

(9)A licence must not include conditions relating to services provided in an exempt Crown airport area.

(10)For the purposes of this section, an airport area is an exempt Crown airport area if—

(a)it consists of all or part of a small airport,

(b)the operator of the airport area is the Crown or a person acting on behalf of the Crown, and

(c)the airport area is exempted for the purposes of this section by the Secretary of State by regulations.

(11)For the purposes of this section, an airport is a small airport during a calendar year if in the previous calendar year—

(a)the number of passenger movements at the airport did not exceed 5 million, or

(b)the airport was not open to commercial traffic.

(12)In this section—

  • “exempt Crown functions” means the following functions to the extent that they are carried out by or on behalf of the Crown—

    (a)

    customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009,

    (b)

    functions relating to immigration, asylum or nationality,

    (c)

    police functions, and

    (d)

    other functions exempted for the purposes of this section by the Secretary of State by regulations;

  • “open to commercial traffic” and “passenger movements” have the same meaning as in Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.

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