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the CAA said - Heathrow Airport

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CAP 1027<br />

Chapter 12: Regulatory Incentives - Operational Resilience<br />

respect to <strong>the</strong> continuity of airport operation services.<br />

12.21 The <strong>CAA</strong> notes that <strong>the</strong> issue of operational resilience has some<br />

parallels in o<strong>the</strong>r regulated sectors.<br />

• Gas transporters must provide enough pipeline capacity to meet<br />

demand in a 1 in 20 year winter.<br />

• The National Grid must maintain and efficient, coordinated and<br />

economical system of electricity transmission.<br />

• In telecoms, <strong>the</strong> provider must take all necessary steps to maintain<br />

a proper and efficient network, with <strong>the</strong> fullest possible availability<br />

of <strong>the</strong> network and services provided in <strong>the</strong> event of catastrophic<br />

failure or force majeure.<br />

• The Royal Mail is required to develop a contingency plan and to<br />

review it every two years.<br />

• Network Rail does not have a specific resilience condition but it is<br />

required through its price control to provide a specified level of<br />

performance where Network Rail must plan for <strong>the</strong> risk of adverse<br />

conditions.<br />

• The NERL licence also includes a requirement to provide core<br />

services and to maintain its assets, business and personnel so that<br />

it can carry out its activities.<br />

Principles upon which to base <strong>the</strong> licence condition<br />

An overarching focus on user outcomes<br />

12.22 The draft licence condition sets a high level outcome requirement for<br />

HAL to secure <strong>the</strong> availability and continuity of airport operation<br />

services to fur<strong>the</strong>r <strong>the</strong> interests of passengers and cargo owners so<br />

far as is reasonably practicable, taking into account all relevant<br />

circumstances. This means that it is clear that responsibility and<br />

accountability for performance rests with HAL. The licence will make<br />

it clear that merely complying with more detailed obligations relating to<br />

planning and consultation (as set out below) will not be considered as<br />

sufficient if <strong>the</strong>re is evidence of HAL underperforming in a way that<br />

causes detriment to passengers.<br />

12.23 However, in assessing this evidence, <strong>the</strong> <strong>CAA</strong> may take into account<br />

o<strong>the</strong>r factors such as <strong>the</strong> extent to which o<strong>the</strong>r parties contributed to<br />

April 2013 Page 203

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