6U.K.The Airports (Northern Ireland) Order 1994 is amended as follows.
Commencement Information
I1Sch. 8 para. 6 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)
7U.K.In Article 2(2) (interpretation), for the definition of “regulated airport” substitute—
““regulated airport” has the meaning given in Article 2A;”.
Commencement Information
I2Sch. 8 para. 7 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)
8U.K.In Part 2 (powers in relation to land exercisable in connection with airports), before Article 3 insert—
2A(1)In this Order “regulated airport” means an airport in respect of which a certificate has been granted under this Article (and has not been withdrawn).
(2)The CAA must grant a certificate under this Article in respect of an airport if, but only if—
(a)the airport operator applies for a certificate (and has not withdrawn the application),
(b)the airport operator pays the charge (if any) specified in a scheme or regulations made under section 11 of the 1982 Act, and
(c)the CAA considers that, at the time, the airport is an eligible airport.
(3)An airport is an eligible airport if the annual turnover of the business carried on at the airport by the airport operator exceeded £1 million in at least two of the last three financial years ending before the application for the certificate is made.
(4)The Department may withdraw a certificate granted under this Article in respect of an airport if it considers that, at the time, the annual turnover of the business carried on at the airport by the airport operator in each of the last two financial years did not exceed the sum for the time being specified in paragraph (3).
(5)Before withdrawing a certificate in respect of an airport, the Department must consult—
(a)the CAA, and
(b)the airport operator.
(6)The withdrawal of a certificate does not affect any rights or liabilities accruing by virtue of this Part or Article 25 or 26 before it is withdrawn.
(7)In this Article—
“annual turnover”, in relation to the business carried on at an airport by the airport operator, means the aggregate of all sums received in the course of the business during a financial year, as stated or otherwise shown in the accounts of the business, including grants from any public body but excluding—
capital receipts, and
loans made by any person;
“financial year” means a period of 12 months ending with 31 March;
“public body” means a body established by or under a statutory provision.
(8)Where the person who is for the time being the airport operator in relation to an airport has not had its management for the whole or any part of a period relevant for the purposes of this Article, references in this Article to the business carried on at the airport by the airport operator include a reference to the business carried on there by any other person who was the airport operator in relation to the airport for the whole or any part of that period.
(9)The Department may, by order made with the consent of the Department of Finance and Personnel, substitute a greater sum for the sum specified in paragraph (3).
(10)An order under paragraph (9) does not affect the validity of a certificate granted under this Article before the order comes into force.”
Commencement Information
I3Sch. 8 para. 8 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)
9(1)Article 70 (regulations and orders) is amended as follows.U.K.
(2)In paragraph (2), after “Schedule 7” insert “ and orders described in paragraph (2A) ”.
(3)After paragraph (2) insert—
“(2A)An order under Article 2A(9) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I4Sch. 8 para. 9 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)
10U.K.The amendments in paragraphs 7 to 9 are without prejudice to the power to make further orders amending or revoking the provisions inserted.
Commencement Information
I5Sch. 8 para. 10 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)