PART 1

Airports
CHAPTER 1

Regulation of operators of dominant airports

Modifying licences

Restriction on power to modify
23
1
This section applies where—
a
a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements specified or described in the licence,
b
the financial arrangements were entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, and
c
the CAA proposes to modify the licence by removing or restricting the exception.
2
The CAA may not make such a modification unless it has determined that—
a
there has been a material change of circumstances since the day on which the exception was included in the licence condition, and
b
for users of air transport services, the benefits of the modification are likely to outweigh any adverse effects.
3
On or before the day on which it publishes a notice under section 22(2) in respect of a proposal to make such a modification, the CAA must—
a
publish a notice of its determination under subsection (2) of this section, giving its reasons for the determination, and
b
send a copy of the notice to the persons listed in subsection (4).
4
Those persons are—
a
the holder of the licence, and
b
such bodies representing airport operators or providers of transport services as the CAA considers appropriate.
5
For the purposes of subsection (1)(b), financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.
6
In subsection (2) “material change of circumstances” includes a material change in the terms of the financial arrangements.
S. 23 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)