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Qualifications by which airport service operator qualifies as transport facility operator

Energy Conservation (Transport Facility Operators) Order 2013

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—(1) For the purposes of section 45(1)(b) of the Act, an airport service operator qualifies as a transport facility operator if —(a)it has operational control over a business activity which has attained the energy use threshold specified in sub‑paragraph (2) in at least 2 out of the 3 preceding calendar years; and(b)the business activity is attributable to its business as an airport service operator.(2) The energy use threshold referred to in section 45(2)(b) of the Act is 54 terajoules of energy consumed per calendar year, derived from one or more types of fuel or energy commodity specified in the First Schedule.(3) The energy consumed by a business activity is the total consumption of energy derived from all fuel and energy commodities used to provide or produce energy, but the total shall not include energy so produced from any fuel or energy commodity that is already accounted for in the total figure.(4) If a quantity of fuel used is to be converted to an amount of energy in joules, the conversion is to be done using —(a)the default net calorific values set out in the Second Schedule; or(b)the net calorific values specified by an airport service operator and approved by the Civil Aviation Authority under sub‑paragraph (8).(5) If a quantity of an energy commodity used is to be converted to an amount of energy in joules, the conversion is to be done using —(a)the default energy content values set out in the Third Schedule; or(b)the energy content values specified by an airport service operator and approved by the Civil Aviation Authority under sub-paragraph (8).(6) An airport service operator seeking to specify the net calorific value of a fuel shall submit to the Civil Aviation Authority a report by a laboratory containing the results of a test conducted by the laboratory in accordance with the relevant ASTM International, International Organization for Standardization (ISO) or other equivalent testing standards approved by the Civil Aviation Authority to ascertain the net calorific value of the fuel concerned.(7) An airport service operator seeking to specify the energy content value of an energy commodity shall submit to the Civil Aviation Authority the method by which the airport service operator derived the energy content value.(8) The Civil Aviation Authority may approve or reject the net calorific value or the energy content value sought to be specified by the airport service operator under sub‑paragraph (6) or (7), as the case may be.

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