Other discretionary conditions
11.—(1) If it appears to the CAA that an airport operator may be pursuing one of the courses of conduct specified in section 41(3) of the Act, it shall carry out an investigation with a view to establishing whether the airport operator is pursuing such a course of conduct.
(2) Before carrying out an investigation the CAA shall—
(a)give to the airport operator notice of the proposed investigation and of the reasons for it;
(b)arrange for notice of the proposed investigation, together with an indication of the matters to be investigated, to be published in such manner as the CAA considers most suitable for bringing the proposed investigation to the attention of other persons who, in the opinion of the CAA, would be affected by or be likely to have an interest in the investigation.
(3) As soon as practicable after the completion of the investigation, the CAA shall, in such manner as it considers appropriate, publish a report stating whether, in its opinion, the airport operator is pursuing one of the courses of conduct specified in section 41(3) of the Act, and if so, the condition which it considers appropriate for the purpose of remedying or preventing what it considers are the adverse effects of that course of conduct.
(4) A decision as to the form and content of the report shall be taken only by a member of the CAA after considering the representations made to the CAA in the course of its investigation.
(5) Where the CAA proposes to impose a condition in relation to an airport pursuant to section 41(2) of the Act or to modify such a condition, and has served notice on the airport operator pursuant to section 41(6) or 51(5), as the case may be, a decision whether to make a reference to the Commission in respect of the airport under section 43(3) of the Act shall be made only by a member of the CAA after considering any objections which the airport operator has served on or made to the CAA within the period prescribed for purposes of section 41(6) or 51(5) of the Act.
(6) Where it appears to the CAA that an airport operator is pursuing a course of conduct specified in section 41(3)(b) of the Act which has resulted in the adoption by any other person of a practice which does any of the things specified in sub-paragraph (i) or (ii) of the said section 41(3)(b), it shall at the same time as it serves notice on the airport operator pursuant to section 41(6) or 51(5) of the Act serve a copy of that notice on that other person: and any written or oral representations made by that person within the period prescribed for purposes of section 41(6) or 51(5) of the Act shall be taken into consideration by the CAA in deciding, pursuant to paragraph (5) of this regulation, whether to make a reference to the Commission in respect of the airport.
(7) Where the CAA, in a reference to the Commission under section 43(3) of the Act or in a variation of that reference, specifies any of the matters referred to in section 44(1)(b) of the Act, it shall not include any matter which has not been notified to the airport operator pursuant to section 41(6) or 51(5) of the Act: