The Airports (Groundhandling) Regulations 1997

Citation and commencement

1.—(1) These Regulations may be cited as the Airports (Groundhandling) Regulations 1997.

(2) This regulation and regulations 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 20, 21 and 26 shall come into force on 27th October 1997.

(3) Regulation 8(b) shall come into force on 1st January 1998.

(4) Regulations 8(a), 17, 18, 22, 23, 24 and 25 shall come into force—

(a) in relation to category A airports, on 1st January 1999; and

(b) in relation to category B airports, on 1st January 2001.

(5) Regulations 15, 16 and 19 shall come into force—

(a) in so far as they relate to self-handling, on 1st January 1998; and

(b) in so far as they relate to suppliers of groundhandling services—

(i) in relation to category A airports, on 1st January 1999; and

(ii) in relation to category B airports on 1st January 2001.

Interpretation

2.—(1) In these Regulations—

“airport” means any area of land especially adapted for the landing, taking-off and manoeuvres of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services;

“airport system” means two or more airports grouped together to serve the same city or conurbation, as referred to in Annex II to Council Regulation (EEC) No. 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes(1);

“airports user” means any person responsible for the carriage of passengers, mail or freight by air from or to the airport in question;

“airside services” means the following categories of groundhandling services:

(a)

baggage handling;

(b)

freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft;

(c)

fuel and oil handling;

(d)

ramp handling;

“category A airport” means an airport—

(a)

whose annual traffic is not less than 3 million passenger movements or 75,000 tonnes of freight; or

(b)

whose traffic has been not less than 2 million passenger movements or 50,000 tonnes of freight during the six-month period prior to 1 April or 1 October of the preceding year;

“category B airport” means an airport whose annual traffic is not less than 2 million passenger movements or 50,000 tonnes of freight;

“category C airport” means an airport whose annual traffic is not less than 1 million passenger movements or 25,000 tonnes of freight;

“the CAA” means the Civil Aviation Authority;

“the Directive” means Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports(2);

“groundhandling” means the services provided to airport users at airports as described in the Annex to the Directive;

“the independent examiner” means the person appointed, pursuant to regulation 18, by the CAA as an independent examiner;

“managing body of the airport” means a body which, in conjunction with other activities or not as the case may be, has as its objective under national law or regulation the administration and management of the airport infrastructures, and the co-ordination and control of the activities of the different operators present in the airport or airport system concerned;

“self-handling” means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services; for the purposes of this definition, among themselves airport users shall not be deemed to be third parties where—

(a)

one holds a majority holding in the other; or

(b)

a single body has a majority holding in each; and

“supplier of groundhandling services” means any person supplying third parties with one or more categories of groundhandling services and in—

(a)

regulations 8(a), 10(8) and 27(1)(b); and

(b)

save to the extent that it applies to applications made pursuant to regulation 14(1) or 15(1), paragraph 12 of Schedule 1 to these Regulations

includes a person who sought, or who seeks, or would have wished, to be a supplier of groundhandling services.

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Directive and cognate expressions shall be construed accordingly.

(3) These Regulations shall have effect for the purpose of making such provision as is necessary to comply with the Directive and shall be construed accordingly.

(4) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.

Managing body of the airport

3.—(1) Where an airport or airport system is managed and operated not by a single body but by several separate bodies, each of those bodies shall be considered part of the managing body of the airport for the purposes of these Regulations.

(2) Where only a single managing body is set up for several airports or airport systems, each of those airports or airport systems shall be considered separately for the purposes of these Regulations.

Service of documents

4.—(1) Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given—

(a) by delivering it to that person;

(b) by leaving it at his proper address;

(c) by sending it to him by post at that address; or

(d) by sending it to him at that address by telex or by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.

(2) Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may—

(a) in the case of a body corporate, be served on or given to the secretary or clerk of that body;

(b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business or, in Scotland, the firm.

(3) For the purposes of this regulation and of section 7 of the Interpretation Act 1978(3) (service of documents by post) in its application to this regulation, the proper address of any person on whom any notice or other document is to be served or to whom any such notice or other document is to be given shall be his last known address, except that—

(a) in the case of a body corporate, it shall be the address of the registered or principal office of that body; and

(b) in the case of a partnership, it shall be the principal office of the partnership

and, for the purposes of this paragraph, where a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom has an office in the United Kingdom, the principal office of that company or partnership shall be their principal office in the United Kingdom.

Application

5.—(1) These Regulations apply to airports in the United Kingdom which are open to commercial traffic.

(2) The following provisions apply only to category A and category B airports:

(a) regulations 8(a), 11(1), 12, 13, 17, 18, 22, 23, 24 and 25;

(b) subject to paragraph (4) thereof, regulation 10; and

(c) in so far as they relate to suppliers of groundhandling services, regulations 15 and 16.

(3) The following provisions apply only to category A, category B and category C airports:

(a) in so far as it relates to airside services, regulation 8(b);

(b) subject to paragraph (5) thereof, regulation 9;

(c) regulation 11(2)(b); and

(d) in so far as they relate to self-handling for airside services, regulations 15 and 16.

(4) Where an airport reaches one of the freight traffic thresholds referred to in the definitions in regulation 2 of category A, category B or category C airports the provisions of these Regulations shall not apply to categories of groundhandling services reserved exclusively for passengers save to the extent that they apply by virtue of the airport having also reached one of the passenger movement thresholds referred to in those definitions.

Airport Users' Committee

6.—(1) On or before 14th November 1997 the managing body of an airport shall set up a committee of representatives of airport users or organisations representing airport users in accordance with this regulation.

(2) All airport users shall have the right to be on the committee or, if they so wish, to be represented on it by an organisation appointed to that effect.

Consultation

7.—(1) The managing body of an airport shall ensure that, at least once a year, a consultation relating to the application of these Regulations takes place between itself, the committee referred to in regulation 6 and the persons providing groundhandling services at the airport.

(2) The consultation referred to in paragraph (1) above shall cover, inter alia:

(a) the price of those groundhandling services for which a determination has been made pursuant to regulation 11(1)(b); and

(b) the organisation of the provision of those services.

Prohibition of restrictions

8.  Save as otherwise provided in these Regulations, the managing body of an airport shall take the necessary measures to—

(a) ensure free access by suppliers of groundhandling services to the market for the provision of groundhandling services to third parties; and

(b) ensure the freedom to self-handle.

Self-handling

9.—(1) The CAA may, on an application made to it by the managing body of an airport, determine that, at the airport or part of the airport, the right to self-handle in relation to one or more airside services shall be limited for such period as the CAA thinks fit.

(2) A determination made pursuant to paragraph (1) above shall specify—

(a) the airport and, where appropriate, the part of the airport to which it applies;

(b) the airside services to which it relates;

(c) the number of airport users who may exercise the right to self-handle in relation to those services, which shall be no fewer than two for each category of such services;

(d) the airport users who may exercise that right;

(e) the period for which it shall apply; and

(f) save where it is made by virtue of paragraph (5) below, the date on which it takes effect.

(3) The CAA shall choose the airport users who may exercise the right to self-handle on the basis of relevant, objective, transparent and non-discriminatory criteria.

(4) A determination made pursuant to paragraph (1) above shall not take effect earlier than 1st January 1998.

(5) A determination may be made pursuant to paragraph (1) above in relation to an airport appearing to the CAA to be about to become a category C airport.

(6) Save where, by virtue of paragraph (8) below, the determination is deemed not to have been made, where an airport in relation to which a determination has been made by virtue of paragraph (5) above becomes a category C airport, the managing body of that airport shall serve on the CAA notice to that effect.

(7) Subject to paragraphs (4) above and (8) below, a determination made by virtue of paragraph (5) above shall take effect on the date on which the CAA publishes a notice in its Official Record in accordance with paragraph 18 of Schedule 1 to these Regulations.

(8) Where a determination is made by virtue of paragraph (5) above and the CAA has not received from the managing body of the airport within the period of 18 months beginning on the date on which the determination was made a notice in accordance with paragraph (6) above, the determination shall be deemed not to have been made.

(9) Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1, in so far as they relate to such applications, shall apply.

Groundhandling for third parties

10.—(1) The CAA may, on an application made to it by the managing body of an airport, determine that, at the airport or part of the airport, the number of suppliers authorised to provide one or more airside services to third parties shall be limited.

(2) A determination made pursuant to paragraph (1) above shall specify:

(a) the airport and, where appropriate, the part of the airport to which it applies;

(b) the airside services to which it relates;

(c) the number of suppliers authorised to provide those services, which shall be no fewer than two for each category of such services; and

(d) save where it is made by virtue of paragraph (4) below, the date on which it takes effect.

(3) A determination made pursuant to paragraph (1) above shall not take effect earlier than—

(a) at a category A airport, 1st January 1999; or

(b) at a category B airport, 1st January 2001.

(4) A determination may be made pursuant to paragraph (1) above in relation to an airport appearing to the CAA to be about to become a category A or a category B airport.

(5) Save where, by virtue of paragraph (7) below, the determination is deemed not to have been made, where an airport in relation to which a determination has been made by virtue of paragraph (4) above becomes a category A or, as the case may be, a category B airport, the managing body of that airport shall serve on the CAA notice to that effect.

(6) Subject to paragraph (3) above and (7) below, a determination made by virtue of paragraph (4) above shall take effect on the date on which the CAA publishes a notice in its Official Record in accordance with paragraph 18 of Schedule 1 to these Regulations.

(7) Where a determination is made by virtue of paragraph (4) above and the CAA has not received from the managing body of the airport within the period of 18 months beginning on the date on which the determination was made a notice in accordance with paragraph (5) above, the determination shall be deemed not to have been made.

(8) On its own proposal or on an application made to it by—

(a) the managing body of the airport concerned;

(b) a supplier of groundhandling services; or

(c) an airport user

the CAA may vary from time to time or revoke a determination made pursuant to paragraph (1) above.

(9) Where an application is made pursuant to paragraph (1) above or where an application or a proposal is made pursuant to paragraph (8) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications or, as the case may be, proposals, shall apply.

(10) In any case where the number of suppliers of groundhandling services is restricted pursuant to paragraph (1) above, the Secretary of State, the CAA and the managing body of the airport concerned shall not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling services subject to that restriction, an effective choice between at least two suppliers of groundhandling services, under the conditions laid down in Article 6(2) and (3) of the Directive.

Determinations requiring Commission approval

11.—(1) Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to open up the market for the supply of groundhandling services to the degree provided for in the Directive, the CAA may, on an application made to it by the managing body of the airport concerned, determine to:

(a) limit the number of suppliers of one or more categories of groundhandling services, other than airside services, to no fewer than two suppliers for each category of groundhandling services; or

(b) reserve to a single supplier one or more airside services

at the airport or part of the airport.

(2) Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to implement self-handling to the degree provided for in the Directive, the CAA may, on an application made to it by the managing body of the airport concerned, determine to:

(a) reserve self-handling to a limited number of airport users for one or more categories of groundhandling services other than airside services; or

(b) ban self-handling or restrict it to a single airport user for one or more airside services

at the airport or part of the airport.

(3) A determination made pursuant to paragraph (1) or (2) above shall specify:

(a) the airport and, where appropriate, the part of the airport to which it applies;

(b) the groundhandling services to which it relates;

(c) the number of suppliers of groundhandling services authorised to provide those services or, as the case may be, the number of airport users who may exercise the right to self-handle in relation to those services;

(d) in the case of a determination made pursuant to paragraph (2) above, the airport users who may exercise that right;

(e) the specific constraints of available space or capacity which justify the determination;

(f) the period for which it shall apply; and

(g) the date on which it takes effect.

(4) Where the CAA has made a determination pursuant to paragraph (2) above, it shall choose the airport users who may exercise the right to self-handle on the basis of relevant, objective, transparent and non-discriminatory criteria.

(5) A determination made pursuant to paragraph (1) or (2) above, other than a determination made pursuant to paragraph (1)(b) above, shall be made for a period not exceeding three years.

(6) A determination made pursuant to paragraph (1)(b) above shall be made for a period not exceeding two years.

(7) A determination made by the CAA pursuant to paragraph (1) or (2) above shall not:

(a) unduly prejudice the aims of the Directive;

(b) give rise to distortions of competition between suppliers of groundhandling services or self-handling airport users or both;

(c) extend further than necessary.

(8) A determination made by the CAA pursuant to paragraph (1) above shall not take effect earlier than—

(a) at a category A airport, 1st January 1999; or

(b) at a category B airport, 1st January 2001.

(9) A determination made pursuant to paragraph (2) above shall not take effect earlier than 1st January 1998.

(10) Where an application is made pursuant to paragraph (1) or (2) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.

(11) The CAA shall notify the Commission of any determination made by it pursuant to paragraph (1) or (2) above at least three months before it takes effect.

(12) Where, pursuant to Article 9(5) of the Directive, the Commission makes a decision either opposing or requiring an amendment to a determination made pursuant to paragraph (1) or (2) above, the CAA shall forthwith revoke or, as the case may be, amend that determination.

(13) On an application made to it by the managing body of the airport concerned the CAA may determine to renew from time to time any determination made pursuant to paragraph (1) or (2) above save that a determination made pursuant to paragraph (1)(b) above may be renewed once only.

(14) Paragraphs (1) to (12) above shall apply, with the necessary modifications, to an application for and the making of a renewal determination under paragraph (13) above as they applied to the application for and the making of the determination the subject of the application for renewal.

(15) A determination made pursuant to paragraph (13) above shall be made no later than three months before the expiry of the determination which it is intended to renew and shall come into force no earlier than the date on which that determination expires.

Selection of suppliers

12.—(1) Where the CAA has made a determination to which this regulation applies, the managing body of the airport concerned shall take the necessary measures in accordance with this regulation for the organisation of a selection procedure for the suppliers authorised to provide groundhandling services.

(2) This regulation applies where the CAA has:

(a) made a determination pursuant to regulation 10(1);

(b) varied a determination made pursuant to regulation 10(1) and in doing so has altered the number of suppliers authorised to provide one or more groundhandling services;

(c) made a determination pursuant to regulation 11(1); or

(d) made a determination pursuant to regulation 11(1) which renews a determination made pursuant to regulation 11(1).

(3) Where paragraph (2)(b) above applies and the number of suppliers authorised to provide one or more airside services is increased, nothing in paragraph (1) above shall require the organisation of a selection procedure for the suppliers already selected to provide those services pursuant to paragraph (7) below.

(4) Where paragraph 2(b) above applies and the number of suppliers authorised to provide one or more airside services is reduced, any decisions previously made pursuant to paragraph (7) below in relation to those services shall cease to be valid upon the selection of the reduced number of suppliers authorised to provide those services.

(5) For the purpose of selecting the suppliers referred to in paragraph (1) above, the managing body of the airport shall cause an invitation to tender, which complies with paragraph (6) below, to be published in the Official Journal of the European Communities.

(6) An invitation to tender which is published pursuant to paragraph (5) above shall specify—

(a) the period for which the suppliers will be selected; and

(b) the deadline for the submission of tenders (which shall be no earlier than 1 month from the date on which the invitation to tender is published beginning on that date).

(7) The suppliers of groundhandling services shall be selected:

(a) following consultation with the committee referred to in regulation 6, by the managing body of the airport provided that body—

(i) does not provide similar groundhandling services;

(ii) has no direct or indirect control over any undertaking which provides such services; and

(iii) has no involvement in any such undertaking;

(b) in all other cases, following consultation with the committee referred to in regulation 6 and the managing body of the airport, by the CAA.

(8) A decision made pursuant to paragraph (7) above shall not take effect earlier than—

(a) at a category A airport, 1 January 1999; or

(b) at a category B airport, 1 January 2001.

(9) A supplier of groundhandling services shall be selected for a period not exceeding seven years.

(10) Where a supplier of groundhandling services ceases his activity before the end of the period for which he was selected, he shall be replaced in accordance with paragraphs (1) and (5) to (9) above.

(11) Subject to paragraph (12) below, when making a decision pursuant to paragraph (7) above on or after the relevant date, the managing body of the airport or, as the case may be, the CAA shall ensure that at least one of the authorised suppliers is not directly or indirectly controlled by:

(a) that managing body;

(b) any airport user who has carried more than 25% of the passengers or freight recorded at the airport during the preceding year; or

(c) a person controlling, or controlled directly or indirectly by, that managing body or any such user

and where at any time on or after the relevant date all of the authorised suppliers are directly or indirectly controlled by a person referred to in sub-paragraph (a), (b) or (c) of this paragraph, those suppliers shall be replaced in accordance with paragraphs (1) and (5) to (9) above.

(12) Paragraph (11) above shall not apply in relation to a determination made pursuant to regulation 11(1)(b).

(13) Where the Commission grants a deferral pursuant to Article 6(3) of the Directive the Secretary of State shall notify the CAA. On receipt of such notice, the CAA shall cause notice of the deferral to be published in its Official Record.

(14) The managing body of the airport concerned shall inform the committee referred to in regulation 6 and the CAA of any decisions it takes pursuant to paragraph (7)(a) above.

(15) The CAA shall cause notice of decisions made pursuant to paragraph (7) above to be published in its Official Record.

(16) In this regulation “relevant date” means 1st January 2001 or, where the Commission has granted a deferral pursuant to Article 6(3) of the Directive, 31st December 2002.

Managing body of the airport and connected persons providing groundhandling services

13.  Where the CAA has made a determination pursuant to regulation 10(1) or 11(1) or where it has made a determination pursuant to regulation 11(13) which renews a determination made pursuant to regulation 11(1), the managing body of an airport may—

(a) itself provide groundhandling services without being subject to the selection procedure laid down in regulation 12; and

(b) authorise another person to provide groundhandling services at the airport concerned without submitting that person to the said procedure where—

(i) it controls that person directly or indirectly; or

(ii) that person controls it directly or indirectly.

Centralised infrastructures

14.—(1) On an application from the managing body of an airport, the CAA may determine to reserve for that managing body or for another person the management of the centralised infrastructures used for the supply of groundhandling services whose complexity, cost or environmental impact does not allow of division or duplication, such as baggage sorting, de-icing, water purification and fuel-distribution systems.

(2) Where the management of a centralised infrastructure has been reserved by the CAA pursuant to paragraph (1) above, a supplier of groundhandling services or a self-handling airport user at that airport shall not use any apparatus, equipment, system or other thing for the supply of the groundhandling services concerned as an alternative to that centralised infrastructure.

(3) The person for whom the management of a centralised infrastructure has been reserved pursuant to paragraph (1) above shall ensure that the management of that infrastructure is transparent, objective and non-discriminatory and, in particular, that it does not hinder the access of suppliers of groundhandling services or self-handling airport users within the limits provided for in these Regulations.

(4) Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.

Prohibition of suppliers and airport users

15.—(1) Where, on an application made to it by the managing body of an airport, the CAA is satisfied that a supplier of groundhandling services or an airport user has failed to comply with a rule imposed upon him to ensure the proper functioning of the airport, and that rule—

(a) is applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users; and

(b) does not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in these Regulations

the CAA may, subject to regulation 10(10), determine to prohibit, for such period as it thinks fit, that supplier or user from supplying groundhandling services or, as the case may be, self-handling.

(2) A determination made pursuant to paragraph (1) above may apply to one or more categories of groundhandling services.

(3) A supplier of groundhandling services or an airport user in relation to whom a determination has been made pursuant to paragraph (1) above shall not supply groundhandling services or, as the case may be, self-handle in contravention of that determination.

(4) Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.

(5) In this regulation “rule” includes an obligation contained in an agreement, a byelaw made under section 63 of the Airports Act 1986(4) or Article 18 of the Airports (Northern Ireland) Order 1994(5), or otherwise.

Access to airport installations

16.  Subject to regulations 9, 10, 11, 14, 15 and 19, the managing body of an airport or, where appropriate, the public authority or any other body which controls it shall take the necessary measures to ensure that—

(a) suppliers of groundhandling services and airport users wishing to self-handle have access to airport installations to the extent necessary for them to carry out their activities;

(b) any conditions it places upon such access are relevant, objective, transparent and non-discriminatory;

(c) the space available for groundhandling at the airport is divided among the various suppliers of groundhandling services and self-handling airport users, including new entrants in the field, to the extent necessary for the exercise of their rights and to allow effective and fair competition on the basis of relevant, objective, transparent and non-discriminatory rules and criteria;

(d) any fee charged for such access is determined according to relevant, objective, transparent and non-discriminatory criteria.

Separation of accounts

17.—(1) A person to whom this regulation applies shall rigorously separate the accounts of his groundhandling activities from the accounts of his other activities in accordance with current commercial practice.

(2) This regulation applies to:

(a) a supplier of groundhandling services; and

(b) where they provide groundhandling services,

(i) the managing body of an airport; and

(ii) an airport user.

(3) A person who fails without reasonable excuse to comply with the requirements of paragraph (1) above shall be guilty of an offence.

(4) The managing body of an airport shall not cause or permit its groundhandling activities to be subsidised from the revenue it derives from its role as an airport authority.

Independent examiner

18.—(1) In any case where, pursuant to regulation 17, the managing body of an airport, an airport user or a supplier of groundhandling services is required to separate its accounts, the CAA shall appoint in relation to that managing body, airport user or supplier a person to undertake the duties of the independent examiner described in this regulation.

(2) The CAA may by notice in writing served on the independent examiner and on the person in relation to whom he has been appointed revoke an appointment made by it pursuant to paragraph (1) above.

(3) The independent examiner shall check that the required separation of accounts is carried out.

(4) The independent examiner appointed in relation to the managing body of an airport shall also check whether there are or have been any financial flows between the activity of the managing body as airport authority and its groundhandling activity.

(5) Within a period of 15 months beginning on the date of his appointment, and at least once a year thereafter, the independent examiner shall prepare a written statement containing the results of the checks he has carried out pursuant to paragraph (3) above and, where he has been appointed in relation to the managing body of an airport, paragraph (4) above.

(6) The independent examiner shall send a copy of the statement prepared by him pursuant to paragraph (5) above to the CAA.

(7) The CAA shall cause any statements it receives pursuant to paragraph (6) above to be published in its Official Record.

(8) The independent examiner shall be entitled to recover from the person in relation to whom he has been appointed a sum equal to any expense reasonably incurred by him in undertaking the duties of the independent examiner described in this regulation.

Reciprocity

19.—(1) Where it appears to the Secretary of State that a third country, with respect to access to the groundhandling or self-handling market:

(a) does not, de jure or de facto, grant suppliers of groundhan dling services and self-handling airport users from the United Kingdom or another Member State treatment comparable to that granted by the United Kingdom or, as the case may be, that other Member State to suppliers of groundhandling services and self-handling airport users from that third country; or

(b) grant suppliers of groundhandling services and self-handling airport users from that third country or from other third countries more favourable treatment than suppliers of groundhandling services and self-handling airport users from the United Kingdom or another Member State

the Secretary of State may wholly or partially suspend the obligations arising from these Regulations in respect of suppliers of groundhandling services and airport users from that third country.

(2) The Secretary of State shall inform the Commission of any withdrawal or suspension of rights or obligations pursuant to paragraph (1) above.

(3) In this regulation “third country” means any country or territory other than the United Kingdom, any other Member State or Gibraltar.

Appeals

20.—(1) Any person who is aggrieved by a decision or individual measure taken pursuant to regulation 7, 12 or 16 by the managing body of an airport or, in the case of regulation 16, the public authority or other body controlling the airport shall have the right to appeal to the CAA and the provisions of Part I of Schedule 2 to these Regulations shall apply in relation to such an appeal.

(2) Subject to paragraph (3) below, any person who is aggrieved by a determination made by the CAA pursuant to regulations 9, 12 or 15 shall have the right to appeal to the Secretary of State and the provisions of Part II of Schedule 2 to these Regulations shall apply in relation to such an appeal.

(3) Where, by virtue of regulation 9(8), a determination made pursuant to regulation 9(1) is deemed not to have been made, any appeal which has been commenced pursuant to paragraph (2) above in relation to that determination shall be discontinued.

(4) A determination made pursuant to regulation 15 shall not take effect before the expiration of the period within which an appeal may be made against that determination (which period is described in Part II of Schedule 2 to these Regulations) nor, if such an appeal is brought within that period, before the determination or abandonment of the appeal.

Supplementary provisions with regard to the CAA

21.—(1) A determination under these Regulations may not be made on behalf of the CAA by any other person.

(2) Section 4 of the Civil Aviation Act 1982(6) shall not apply in relation to the performance by the CAA of its functions under these Regulations.

Furnishing of information etc. to CAA

22.—(1) The CAA may by a notice in writing served on any person require him to furnish to the CAA, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified which relates to the accounts of any person to whom the requirements of regulation 17 apply.

(2) A person shall not by virtue of paragraph (1) above be compelled—

(a) to produce any documents which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session, or

(b) in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.

(3) Any person who fails without reasonable excuse to comply with the requirements of a notice served on him under paragraph (1) above shall be guilty of an offence.

(4) Any person who, in purported compliance with the requirements of any such notice, knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

Restriction on disclosure of information

23.—(1) Subject to paragraph (2) below, no information with respect to any particular business which has been obtained under or by virtue of regulation 22 shall, so long as the business continues to be carried on, be disclosed without the consent of the person for the time being carrying it on.

(2) Paragraph (1) above does not apply to any disclosure of information which is made—

(a) to the Secretary of State or an officer of his;

(b) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(c) for the purposes of any civil proceedings brought under or by virtue of these Regulations.

(3) Nothing in paragraph (1) above shall be construed as applying to any information which has been made public in accordance with regulation 18(7).

(4) Any person who discloses any information in contravention of this regulation shall be guilty of an offence.

Penalties

24.—(1) A person who is guilty of an offence under regulation 17(3) or 22(4) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) A person who is guilty of an offence under regulation 22(3) shall be liable on summary conviction to a fine not exceeding the statutory maximum.

(3) A person who is guilty of an offence under regulation 23(4) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Offences by bodies corporate and Scottish partnerships

25.—(1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be prosecuted against and punished accordingly.

Civil liability

26.—(1) The obligation on the managing body of an airport to comply with—

(a) regulation 8(b) is a duty owed to airport users;

(b) regulations 8(a) and 17(4) is a duty owed to suppliers of groundhandling services and airport users.

(2) The obligation on the Secretary of State, the CAA and the managing body of an airport to comply with regulation 10(10) is a duty owed to airport users.

(3) The obligation on the person for whom the management of a centralised infrastructure has been reserved pursuant to regulation 14(1) to comply with regulation 14(3) is a duty owed to suppliers of groundhandling services and airport users.

(4) The obligation on the CAA to comply with regulation 11(4) is a duty owed to airport users.

(5) The obligation on a supplier of groundhandling services or an airport user in relation to whom a determination has been made pursuant to regulation 15(1) to comply with regulation 15(3) is a duty owed to suppliers of groundhandling services and airport users.

(6) The obligation on the person to whom a direction is given pursuant to paragraph 8 of Part I of Schedule 2 to these Regulations to comply with that direction is a duty owed to suppliers of groundhandling services and airport users.

(7) A breach of the duty owed pursuant to paragraph (1), (2), (3), (4), (5) or (6) above shall not be a criminal offence but any breach of the duty shall be actionable by any such supplier or, as the case may be, airport user who, in consequence, suffers, or risks suffering, loss or damage.

(8) Proceedings under this regulation may not be brought unless—

(a) the airport user or, as the case may be, the supplier bringing the proceedings has informed the person with the obligation of the breach or apprehended breach of the duty owed to him pursuant to paragraph (1), (2), (3), (4), (5) or (6) above and of his intention to bring proceedings under this regulation in respect of it; and

(b) they are brought promptly and in any event within 3 months from the date when grounds for the bringing of the proceedings first arose unless the Court considers that there is good reason for extending the period within which proceedings may be brought.

(9) Notwithstanding sections 21 and 42 of the Crown Proceedings Act 1947(7), in proceedings brought under this regulation against the Crown the Court shall have power to grant an injunction or interdict.

Signed by authority of the Secretary of State for Transport

Glenda Jackson

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

3rd October 1997