Commentary Part 1 – Airports General duties Section 1: CAA’s general duty
32.Subsection (1) provides that the CAA must carry out its functions under Chapter 1 of Part 1 of the Act in a way which it thinks will further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services (the “primary duty”). The CAA must do so, where appropriate, by promoting competition in the provision of airport operation services (subsection (2)).
33.“Airport operation services” are defined in section 68 and “air transport services” are defined in section 69.
34.The primary duty refers specifically to the interests of users of air transport services in respect of airport operation services: it does not empower the CAA to take into account whatever general interests these persons might have in other capacities (for example as a local resident).
35.There may be conflicts between the interests of users of air transport services. For example, current users may not want to pay for investment that benefits future users. Subsection (5) empowers the CAA to determine how to fulfil its primary duty in cases where such conflicts arise.
36.Subsection (3) lists a number of matters to which the CAA must have regard in performing its duties under subsections (1) and (2). The duty to have regard to these matters does not, individually or collectively, override the section 1(1) and (2) duty. The matters to which the CAA must have regard under subsection (3) include:-