Singapore legislation
Regulation 17
of Civil Aviation Authority of Singapore (Price Control of Aeronautical Charges) Rules 2009
Regulation 17
Authority’s decision to amend, etc.
Subregulation 1
After considering the proposal made by the airport licensee and any information received during the review under rule 13 or presented during any hearings held under rule 16, the Authority must make a determination —
to confirm the determination for the first regulatory period;
to amend the determination for the first regulatory period;
to revoke the determination for the first regulatory period; or
to revoke and make a substitute determination for the first regulatory period.
Subregulation 2
Any determination that revokes and substitutes the determination for the first regulatory period must —
specify the services and facilities to be provided by the airport licensee concerned in the first regulatory period; and
specify either or both of the following:
a maximum price or both a minimum and maximum price for each aeronautical service or facility to be provided in the first regulatory period;
a maximum total amount (revenue cap or revenue yield cap or otherwise) that may be earned by the airport licensee providing aeronautical services and facilities from the provision of those services and facilities in relation to that airport in the first regulatory period.
Subregulation 3
A determination under paragraph (1)(b) or (d) —
may allow for an adjustment to the maximum revenues specified in the determination as a result of a pass-through event specified in the determination and, if it does so allow, the Authority must specify the method of calculating that adjustment or the principles and general manner to be applied in making the adjustment or doing the calculation of the adjustment; and
may establish a performance incentive scheme for the airport licensee and, if it does so, the Authority must specify the method of calculating the adjustment to the maximum revenues specified in the determination as a result of that scheme or the principles and general manner to be applied in making the adjustment or doing the calculation of the adjustment.
Subregulation 4
In specifying in a determination the method of calculating an adjustment referred to in paragraph (3)(a) or (b) or the principles and general manner to be applied in making the adjustment or doing the calculation of the adjustment, the Authority must ensure that the adjustment reflects the financial effect to the airport licensee of the pass-through event or change.
Subregulation 5
A determination under paragraph (1)(b) or (d) may have a differential application that varies according to factors stated in the determination.
Subregulation 6
When making a determination under paragraph (1), the Authority must also prepare a report that specifies in appropriate detail the basis and rationale for the determination.
Subregulation 7
When making any determination under paragraph (1), the Authority must also include the following either as part of the report or otherwise:
reasonable details of the qualitative and quantitative methodologies applied in making the decision, including calculations and formulae;
the values adopted by the Authority for each of the input variables in calculations and formulae used, including the reasons for adopting those values;
reasonable details of other assumptions made by the Authority in the conduct of material quantitative and qualitative analyses undertaken in relation to the setting of a maximum revenue or a related matter;
reasons for material judgments and qualitative determinations made and options considered;
reasons for discretions exercised which materially affected the setting of maximum revenues in the determination.
Subregulation 8
On making any determination under paragraph (1) and a report under paragraph (6), the Authority must —
provide a copy of the determination and report to the Minister and to the airport licensee concerned; and
publish in such daily newspapers circulating in Singapore as the Authority considers appropriate a notice of the making of the determination.
Subregulation 9
A determination under paragraph (1)(b) or (c) takes effect on the day specified in it.