Part VI

Miscellaneous and Supplementary

Other provisions relating to airports

Duty of CAA with respect to implementation of recommendations concerning airport capacity.
69
1
If, after considering any recommendations made to him by the CAA in pursuance of section 16(2) of the 1982 Act (recommendations concerning airport capacity), the Secretary of State so directs, the CAA shall take such steps as it considers appropriate for the purpose of encouraging or facilitating the provision (whether by an airport operator or any other person) of any facilities or services that are necessary for the implementation of those recommendations.
2
The steps taken by the CAA in pursuance of subsection (1)—
a
may, without prejudice to the generality of that subsection, include the furnishing of information, the provision of assistance to persons requesting it and the provision of advice (whether or not requested); but
b
shall not include the carrying out of any works of construction or alteration or the defraying of, or the making of any contribution towards, expenses incurred by any other person in carrying out any such works.
3
Before embarking on the performance of its duty under subsection (1) with respect to any recommendations the CAA shall consult the airport operator in the case of any relevant airport as to the manner in which that duty is to be performed by the CAA.
4
Without prejudice to the generality of section 11 of the 1982 Act, a scheme or regulations under that section may make provision for charges to be paid in respect of the performance by the CAA of its duty under subsection (1) above with respect to any recommendations, and for such charges to be paid by—
a
the airport operator in the case of any relevant airport, and
b
any person for whom assistance or advice has, at his request, been provided by the CAA in pursuance of that duty;
but if such provision is not made by any such scheme or regulations the CAA shall be entitled to recover an amount or amounts in respect of any expenses reasonably incurred by it in performing that duty from such one or more persons falling within paragraphs (a) and (b) above as the CAA considers appropriate.
5
An airport is a relevant airport for the purposes of subsection (3) or (4) if—
a
the recommendations referred to in that subsection relate to the airport, or
b
the airport is an airport to which Part 5 applies , and it and any new airport to which those recommendations relate would be airports serving the same area in the United Kingdom;
and the reference in paragraph (b) above to airports serving the same area in the United Kingdom shall be construed in accordance with section 31(6),
6
Section 4 of the 1982 Act applies in relation to the performance by the CAA of its functions under this section.
Words in s. 69(5)(b) substituted (6.4.2013) by The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013 (S.I. 2013/610), reg. 1(2), Sch. 1 para. 1(b)