Commentary Part 1 – Airports Prohibition Section 4: Prohibition: exemption
42.The effect of section 4 is that if a person is the operator of an airport area on the day on which the area becomes a dominant area, or on which the airport becomes a dominant airport, and the operator does not have a licence on that day, then the operator is exempt from the prohibition until a licence for that airport area is granted (or the operator’s application for such a licence is refused). Under section 14, such an operator is treated as having made and published an application for a licence. This is designed to protect existing operators of airport areas who would otherwise subsequently become subject to the prohibition.
43.Section 4 does not protect new operators of airport areas which are already dominant areas located at dominant airports (for example, an area comprising the terminals and runways at London Heathrow); otherwise a change in management control would result in the new operator of the dominant airport area not being subject to regulation.