Commentary Part 1 – Airports Interpretation Section 68: Airport operation services
197.The CAA’s primary duty (section 1(1), which governs all of its functions under Chapter 1 of Part 1) is to further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.
198.Subsection (1) defines what services provided at an airport (as defined in sections 66 and 67) comprise “airport operation services”. They include services provided for the landing, taking off, servicing and parking of aircraft and for the arrival, departure and processing of passengers and cargo. For example, providing facilities for baggage reclaim is included and so is providing lighting on the runway. Subsections (3) and (4) provide further clarification on what services are and are not included in airport operation services. For example, they do not include air transport services (defined in section 69) or air traffic services (defined in section 72) or retail sales in terminal shops.
199.For the purposes of this Part of the Act subsection (5) clarifies that “airport operation services” include permitting a person to access or use land. Section 72(2) further clarifies that any reference to providing a service includes providing a facility. As a result the provision of space to retailers in the terminal building would be caught by the definition of airport operation services; however, due to section 68(3)(c), the provision of retail services (for example duty free sales) would not.
200.The Secretary of State may by regulations provide that services are or are not to be treated as airport operation services for the purposes of Part 1 of the Act.