(2) Any activity so specified must be an activity which appears to the Secretary of State to be incidental to, or connected with, carrying on the business of operating an airport as a commercial undertaking.

(3) Regulations under this section may provide for an activity to be a permitted activity only if—

(a) it is carried on in such countries or territories as are specified in the regulations;

(b) any conditions as are so specified are complied with.

(4) Such conditions may include, in particular, conditions requiring agreements relating to the provision of services in the carrying on of the activity to include provision for the payment of proper commercial charges in respect of those services.

(5) Regulations under this section may be made so as to apply to—

(a) public airport companies or subsidiaries of such companies generally;

(b) public airport companies of a particular description or subsidiaries of any such companies;

(d) subsidiaries, or a particular subsidiary, of a particular public airport company;

and may make different provision for different cases.

(6) For the purposes of this section—

(a) “activity” includes one that involves participating in, or making financial contributions towards, an activity carried on by, or jointly with, other persons; and

(b) “airport” is not limited to one operated by a public airport company.

(7) This section applies only in relation to—

(a) public airport companies which are subsidiaries of controlling authorities in England or Wales, or

(b) subsidiaries of such companies.

40A

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40B

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57A

(1) In this Part “relevant airport operator” means the airport operator in the case of an airport to which this Part applies.

(2) This Part applies to any airport in respect of which a certificate has been granted under this section (and has not been withdrawn).

(3) The CAA must grant a certificate under this section 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(a) the airport operator applies for a certificate (and has not withdrawn the application),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

(4) An airport is an eligible airport if—

(a) 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, and

(b) the airport is not excluded by virtue of subsection (5).

(5) The excluded airports are—

(a) an airport owned by a principal council or jointly owned by two or more principal councils;

(b) an airport owned by an Integrated Transport Authority in England or jointly owned by such an Authority and one or more principal councils;

(c) an airport owned by a metropolitan county passenger transport authority in Scotland or jointly owned by such an authority and one or more principal councils.

(6) The appropriate Minister may withdraw a certificate granted under this section in respect of an airport if the appropriate Minister 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 subsection (4)(a).

(7) Before withdrawing a certificate in respect of an airport, the appropriate Minister must consult—

(a) the CAA, and

(b) the airport operator.

(8) The withdrawal of a certificate does not affect any rights or liabilities accruing by virtue of this Part before it is withdrawn.

(9) In this section—

“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 or local authority but excluding—capital receipts, andloans made by any person;

“the appropriate Minister” means—in relation to an airport in England or Wales, the Secretary of State, andin relation to an airport in Scotland, the Scottish Ministers;

“financial year” means a period of 12 months ending with 31 March;

“local authority” and “principal council” have the same meaning as in Part 2.

(10) 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 section, references in this section 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.

(11) The Secretary of State may by order substitute a greater sum for the sum specified in subsection (4)(a).

(12) An order under subsection (11) does not affect the validity of a certificate granted under this section before the order comes into force.

Application of provisions of Act to certain overseas territories.

Stamp duty.

Application of provisions of Act to certain overseas territories.

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