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the CAA said - Heathrow Airport

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CAP 1027<br />

Chapter 15: A Licence for HAL<br />

15.26 There were several public interest conditions included in <strong>the</strong> Q5<br />

determination for HAL that reflected previous adverse findings by <strong>the</strong><br />

CC. Aside from <strong>the</strong> conditions on <strong>the</strong> transparency of charges for<br />

certain o<strong>the</strong>r services and <strong>the</strong> SQR scheme, <strong>the</strong> <strong>CAA</strong> does not<br />

consider that maintaining <strong>the</strong> o<strong>the</strong>r conditions in Q6 would be<br />

consistent with its statutory duties, in particular, in relation to Better<br />

Regulation principles, or with its new duties as regards regulatory<br />

burdens. Under AA86, <strong>the</strong> <strong>CAA</strong> was constrained in removing public<br />

interest conditions once <strong>the</strong>y had been imposed. Those constraints<br />

no longer apply.<br />

Provision of information desks<br />

15.27 Following a complaint by BA in relation to Terminal 4, in 1996 <strong>the</strong><br />

Monopolies and Mergers Commission (predecessor to <strong>the</strong> CC) found<br />

that HAL had acted against <strong>the</strong> public interest by refusing to allow<br />

information desks in airside departure lounges in a position<br />

acceptable to airlines, o<strong>the</strong>r than at rents which reflected commercial<br />

income forgone. The <strong>CAA</strong> imposed a condition on <strong>the</strong> airport operator<br />

so that at least one information desk would be provided airside in<br />

each terminal at a location selected after consultation with airlines at a<br />

charge equal to <strong>the</strong> standard rate for information desks elsewhere in<br />

<strong>the</strong> airport.<br />

15.28 This particular issue appears to have been a one-off incident. The<br />

<strong>CAA</strong> considers that advances in technology have provided new<br />

sources of information since 1996, so that <strong>the</strong> provision of a manned<br />

desk in each terminal may not be <strong>the</strong> most appropriate way of<br />

providing information to passengers. Instead, information available on<br />

smartphones, or via social media or on interactive screens may<br />

become <strong>the</strong> normal way by which passengers obtain information.<br />

15.29 As <strong>the</strong> public interest finding was about only one incident in 1996, <strong>the</strong><br />

<strong>CAA</strong> does not consider that it would be proportionate to impose a<br />

licence condition to protect against <strong>the</strong> risk of a similar incident<br />

occurring in <strong>the</strong> future. There is also a risk that such a condition might<br />

inhibit innovation in <strong>the</strong> ways of providing information to passengers.<br />

Never<strong>the</strong>less, <strong>the</strong> <strong>CAA</strong> is keen for HAL to ensure that, in <strong>the</strong> context<br />

of operational resilience and service disruption, it has effective ways of<br />

ensuring passengers receive timely, useful and appropriate<br />

information (see chapter 12).<br />

April 2013 Page 237

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