Part I Air traffic

Chapter V Competition

86 Functions exercisable by CAA and F1CMA

(1)

The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and F2the CMA.

F3(2)

This subsection applies to the F4CMA’s functions under Part 4 of the 2002 Act (other than sections 166 F5, 167C F6, 171 and 174E) so far as F7those functions—

F7(a)

are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

F7(b)

relate to the supply of air traffic services.

F8(3)

This subsection applies to the F9CMA’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6),F10, 35C, 38(1) to (6) F11, 40B(1) to (4) and 51), so far as relating to—

(a)

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b)

conduct of the kind mentioned in section 18(1) of that Act, F12or

F13(c)

transferred EU anti-trust commitments or transferred EU anti-trust directions,

which relate to the supply of air traffic services.

(4)

References to F14the CMA in—

(a)

F15Part 4 of the 2002 Act (except for sections 166 F16, 167C F17, 171 and 174E but including provisions of that Act applied by that Part), and

(b)

Part I of the 1998 Act (F18except in sections 31D(1) to (6) F19, 35C, 38(1) to (6) F20 , 40B(1) to (4), 51, 52(6) and (8) and 54 F21but including references in provisions of the Enterprise Act 2002 applied by that Part),

must be read as including references to the CAA.

F22(4A)

References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.

(5)

But F23...—

(a)

F24subsections (4) and (4A) apply only so far as they are consequential on subsections (1) to (3) above, and

(b)

F25subsection (4) applies only if the context does not otherwise require.

F26(5A)

Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—

(a)

as if for subsection (1) of that section there were substituted—

“(1)

Where the Civil Aviation Authority—

(a)

is proposing to carry out its functions under section 91(1) of the Transport Act 2000 in relation to a matter for the purposes mentioned in subsection (2), and

(b)

considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b)

as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.

(6)

If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.

(7)

No objection may be taken to anything done by or in relation to the CAA—

(a)

F27Part 4 of the 2002 Act, or

(b)

under Part I of the 1998 Act (F28except under section 31D(1) to (6) F29, 35C, 38(1) to (6)F30 , 40B(1) to (4) or 51),

on the ground that it should have been done by or in relation to F31the CMA.

F32(8)

In making any decision, or otherwise taking action, for the purposes of any of its functions that—

(a)

by virtue of this section, are functions exercisable concurrently with the CMA, and

(b)

in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,

the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.