Commentary Part 1 – Airports Chapter 2 – Competition Section 65: Power to modify CAA’s competition powers
190.The CAA only has concurrent functions in relation to “airport operation services”, which are defined in section 68. Section 65 enables the Secretary of State, by regulations made by a statutory instrument that has been laid before, and approved by a resolution of, each House of Parliament, to modify the scope of the CAA’s concurrent powers; specifically, to narrow the scope by excluding certain types of airport operation services or to expand the scope by including particular services at an airport that are not airport operation services. Regulations under section 65 may also make consequential amendments to Chapter 2 of Part 1 of the Act.
191.Although the definition of “airport operation services” is also subject to changes in scope by regulations under section 68, the power under section 65 allows for some divergence between the coverage of economic regulation under Chapter 1 of Part 1 and concurrent competition powers under Chapter 2 of that Part.