Part I

Air traffic
Chapter I

Air traffic services

Modification of licences

References to Competition Commission
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1
The CAA may make to the Competition Commission a reference requiring the Commission to investigate and report on—
a
whether any matters which are specified in the reference and which relate to the provision of air traffic services by or on behalf of a licence holder operate against the public interest or may be expected to do so;
b
if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.
2
The CAA may at any time by notice given to the Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Commission must give effect to the variation.
3
To help the Commission in its investigation the CAA may specify in the reference or a variation of it—
a
any effects adverse to the public interest which in its opinion the matters specified in the reference or variation have or may be expected to have;
b
any modifications of the conditions of the licence by which in its opinion those effects could be remedied or prevented.
4
As soon as practicable after making a reference or variation the CAA must—
a
serve a copy of the reference or variation on the licence holder;
b
publish particulars of the reference or variation in such manner as the CAA considers appropriate for bringing it to the attention of persons likely to be affected by it;
c
send a copy of the reference or variation to the Secretary of State.
5
If before the end of the period of 28 days starting with the day on which the Secretary of State receives the copy he gives a direction to the Commission requiring it not to proceed with the reference or not to give effect to the variation, the Commission must comply with the direction.
6
To help the Commission in its investigation the CAA must give to the Commission—
a
any information the CAA has which relates to matters within the scope of the investigation and which the Commission requests;
b
any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request;
c
any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the Commission requests.
7
In carrying out the investigation concerned the Commission must take account of any information given under subsection (6).
8
In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Commission must have regard to the matters as respects which duties are imposed on the Secretary of State and the CAA by sections 1 and 2.
9
The provisions listed in subsection (10) apply to references under this section as if—
a
the functions of the Commission in relation to those references were functions under Parts IV, V, VI and VIII of the 1973 Act;
b
the expression “merger reference” included a reference under this section;
c
in section 70 of the 1973 Act references to the Secretary of State were to the CAA and the reference to three months were to six months.
10
The provisions are—
a
sections 70, 85 and 93B of the 1973 Act (time limit for report; witnesses and documents; and false or misleading information);
b
section 24 of the Competition Act 1980 (modification of provisions about Commission’s general functions);
c
Part II of Schedule 7 to the Competition Act 1998 (Commission’s general functions).
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The 1973 Act is the Fair Trading Act 1973.
1980 c. 21.
1998 c. 41.
1973 c. 41.