251Exemptions from requirements of subparts 2 and 3

1. The Secretary may exempt an airport operator or any class of airport operators from all or any of the requirements of the following:

2. section 230(2) and (3) (airport operators may set charges):
3. section 231 (airport operators must consult concerning capital expenditure plans):
4. section 232 (airport operators must consult concerning spatial plans):
5. section 241 (giving of regulatory airport spatial undertaking by airport operator):
6. section 242 (consultation and timing requirements):
7. section 245 (review by airport operator of regulatory airport spatial undertaking).

8. The Secretary must not grant an exemption under subsection (1) unless the Secretary is satisfied that—

9. the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
10. the exemption is consistent with the main purpose of the Act; and
11. it is appropriate to grant the exemption after considering—
    1. the additional purposes of the Act; and
    2. any other matters that the Secretary considers appropriate in the circumstances.

12. When determining whether to grant an exemption under subsection (1) from section 230(2) or (3), 231, or 232, the Secretary may take into account whether—

13. services of the airport operator are subject to price-quality regulation or negotiate/arbitrate regulation under Part 4 of the Commerce Act 1986; and
14. consultation in respect of those services has occurred or will occur pursuant to determinations made under Part 4 of that Act.

15. The Secretary may grant an exemption under subsection (1) on any terms and conditions that the Secretary thinks fit.

16. A class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

17. In this section, class exemption means an exemption granted under subsection (1) that relates to more than 1 airport operator.