The Airports (Northern Ireland) Order 1994

Supplementary provisions relating to references

35.—(1) For the purpose of assisting the Commission in carrying out an investigation on a reference under Article 34, the CAA may—

(a) in the case of a reference under paragraph (1) of that Article, specify in the reference—

(i) any view that the CAA has formed as to what the maximum amounts referred to in sub-paragraph (a) of that paragraph should be;

(ii) any course of conduct which, in its opinion, has been pursued by the airport operator in relation to any of the matters specified in paragraph (2)(a) of that Article and has operated, or might be expected to operate, against the public interest;

(iii) any effects adverse to the public interest which, in its opinion, any such course of conduct has had or might be expected to have; and

(iv) any conditions or modifications of conditions by which, in its opinion, its view as to those maximum amounts could be implemented or (as the case may be) those adverse effects could be remedied or prevented;

(b) in the case of a reference under paragraph (3) of that Article, or a variation of such a reference, specify in the reference or variation—

(i) any effects adverse to the public interest which, in the opinion of the CAA, any course of conduct specified in the reference or variation has had or might be expected to have; and

(ii) any conditions or modifications of conditions by which, in its opinion, those adverse effects could be remedied or prevented.

(2) It shall be the duty of the CAA, for the purpose of assisting the Commission in carrying out an investigation on any reference under Article 34, to give to the Commission—

(a) any information in the possession of the CAA which—

(i) it is within the power of the CAA to give; and

(ii) relates to matters falling within the scope of the investigation; and

(iii) either is requested by the Commission for that purpose or is information that it would in the CAA’s opinion be appropriate to give to the Commission for that purpose without any such request; and

(b) any other assistance which the Commission may require, and which it is within the power of the CAA to give, in relation to any such matters;

and the Commission shall, for the purpose of carrying out the investigation, take account of any information given to them in pursuance of sub-paragraph (a).

(3) The following provisions of the 1973 Act, namely sections 70 (time limit for report on merger reference), 81 (procedure in carrying out investigations) and 85 (attendance of witnesses and production of documents) and Part II of Schedule 3 (performance of functions of the Commission), together with section 24 of the 1980 Act (modification of provisions about performance of Commission’s functions), shall apply in relation to references under Article 34 as if—

(a) the functions of the Commission in relation to such references were functions under the 1973 Act;

(b) the expression “merger reference” included a reference under that Article;

(c) in section 70 of the 1973 Act, references to the Secretary of State were references to the CAA and the reference to three months were a reference to six months;

(d) in paragraph 11 of Schedule 3 to the 1973 Act, the reference to section 71 of that Act were a reference to Article 34(4); and

(e) paragraph 16(2) of that Schedule were omitted.

(4) The CAA shall—

(a) publish particulars of any reference under Article 34, and of any variation of such a reference, in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it; and

(b) send a copy of the reference or variation to the Department and to the airport operator concerned.