Singapore legislation

Regulation 31

of Civil Aviation Authority of Singapore (Price Control of Aeronautical Charges) Rules 2009

Regulation 31

Revocation or amendment of determination

Amended byS 9/2018 wef 08/01/2018S 789/2010 wef 01/01/2011

Subregulation 1

Amended byS 9/2018 wef 08/01/2018

Without prejudice to Part III and rule 30, the Authority may, by determination —

(a)

amend the determination for any regulatory period;

(b)

revoke the determination for any regulatory period; or

(c)

revoke and make a substitute determination for any regulatory period,if —

(i)

the Authority considers that the determination was made on the basis of information provided to the Authority that was false or misleading in a material particular;

(ii)

the Authority considers that there is a material error in the determination and the airport licensee has consented to the revocation or amendment; or

(iii)

the Authority is satisfied that —

(A)

a price variation trigger has happened; or

(B)

in a case where the determination is in terms of a maximum total amount (expressed in the form of a revenue yield cap) that may be earned by the airport licensee in question from the provision of aeronautical services and facilities, there has been a material change in the cost conditions and capital expenditure requirements for the provision of the aeronautical services and facilities and security services and facilities by the airport licensee and the change was brought about by external events not reasonably foreseeable by and beyond the control of the airport licensee.

Subregulation 2

Before amending or revoking, or revoking and substituting, a determination under paragraph (1), the Authority must —

(a)

invite submissions with respect to the matter within the reasonable period specified in the invitation; and

(b)

consider any such submissions made to it.

Subregulation 3

Amended byS 789/2010 wef 01/01/2011

The invitation referred to in paragraph (2) must be —

(a)

in writing; and

(b)

given to the airport licensee concerned.

Subregulation 4

Subject to these Rules, the Authority may do anything it considers necessary or convenient for the purpose of determining whether to amend, revoke or revoke and substitute another determination and, in this regard, rules 8(2) and (4), 13, 14, 15 and 16 apply as if the Authority were conducting an inquiry or a hearing under Part III.

Subregulation 5

A determination under paragraph (1) amending or revoking, or revoking and substituting another determination takes effect on the day specified in it.