Skip to content

8. When determination takes effect and ends

Feedback & support
Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

A determination must specify the day on which the determination expires which —

(a)

must be 31st March 2012 in the case of the first regulatory period; (b)in the case of the second regulatory period in respect of an airport licensee that is not a former exempt airport licensee, must be 31 March 2017, or a later date specified in accordance with paragraph (6); and

(c)

in any other case, must be the end of the regulatory period.

(2)

Subject to Part V, a determination takes effect —

(a)

if at the time the determination is made no existing determination is in force, on the day specified in the determination;

(b)

if at the time the determination is made an existing determination is in force having not yet reached its expiry date, on the expiry or revocation of that existing determination; or

(c)

if at the time the determination is made an existing determination is in force by reason of paragraph (5), on the day specified in that determination.

(3)

Notwithstanding paragraph (2), the determination for the first regulatory period shall take effect on 1st July 2009.

(4)

A determination ceases to have effect —

(a)

if the determination is revoked, on the day that revocation takes effect; or

(b)

in any other case, on the day specified in the determination as the day on which it expires.

(5)

If on the day on which an existing determination is due to expire an inquiry is being conducted in respect of a service to which the existing determination relates, the existing determination —

(a)

continues to have effect in respect of that service; but(b)subject to these Rules, ceases to have effect in respect of any other service to which it relates.

(6)

The Authority may, before the expiry of the determination for the second regulatory period or any subsequent regulatory period, specify, in a written notice to the airport licensee to whom the determination applies, a later date of expiry for that determination.

Subregulation 1

A determination must specify the day on which the determination expires which —

(a)

must be 31st March 2012 in the case of the first regulatory period; (b)in the case of the second regulatory period in respect of an airport licensee that is not a former exempt airport licensee, must be 31 March 2017, or a later date specified in accordance with paragraph (6); and

(c)

in any other case, must be the end of the regulatory period.

Subregulation 2

Subject to Part V, a determination takes effect —

(a)

if at the time the determination is made no existing determination is in force, on the day specified in the determination;

(b)

if at the time the determination is made an existing determination is in force having not yet reached its expiry date, on the expiry or revocation of that existing determination; or

(c)

if at the time the determination is made an existing determination is in force by reason of paragraph (5), on the day specified in that determination.

Subregulation 3

Notwithstanding paragraph (2), the determination for the first regulatory period shall take effect on 1st July 2009.

Subregulation 4

A determination ceases to have effect —

(a)

if the determination is revoked, on the day that revocation takes effect; or

(b)

in any other case, on the day specified in the determination as the day on which it expires.

Subregulation 5

If on the day on which an existing determination is due to expire an inquiry is being conducted in respect of a service to which the existing determination relates, the existing determination —

(a)

continues to have effect in respect of that service; but(b)subject to these Rules, ceases to have effect in respect of any other service to which it relates.

Subregulation 6

The Authority may, before the expiry of the determination for the second regulatory period or any subsequent regulatory period, specify, in a written notice to the airport licensee to whom the determination applies, a later date of expiry for that determination.

Report