4
The air transport subsector
(1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the air transport subsector.
(2) For the essential service of the provision of services by the owner or manager of an aerodrome, the threshold requirement in the United Kingdom is an owner or manager of an aerodrome with annual terminal passenger numbers greater than 10 million.
(3) For the essential service of the provision of air traffic services (as defined in the Transport Act 2000), the threshold requirement in the United Kingdom is—
- (a)an entity which is granted a licence by the Secretary of State or the Civil Aviation Authority to provide en-route air traffic services in the United Kingdom; or
- (b)an air-traffic service provider at any airport which has annual terminal passenger numbers greater than 10 million.
(4) For the essential service of the provision of services by air carriers, the threshold requirement in the United Kingdom is an air carrier which has—
- (a)more than thirty percent of the annual terminal passengers at any United Kingdom airport which has annual terminal passenger numbers greater than 10 million; and
- (b)more than 10 million total annual terminal passengers across all United Kingdom airports.
(5) In this paragraph—
- (a)“an aerodrome” has the same meaning as in the Civil Aviation Act 1982;
- (b)“air carrier” has the same meaning as in Article 3(4) of Regulation (EC) No 300/2008 of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation EC No 2320/2202.