Clause 67 provides further clarification on what is and is not included in the definition of an airport. For example, subsection (6) states that a passenger who has not arrived by air arrives at the airport when they arrive at one of the following: a terminal building, a terminal forecourt, or a car park with pedestrian access to the terminal. It is not intended that that should apply to the sort of dedicated, particular pathway to which my hon. Friend referred. The mere fact of pedestrian access is relevant.
On the other hand, the airport does not include car parks without pedestrian access, hotels unless they are part of the passenger terminal or bus, tram or railway stations. We do not think that it would be right to include bus, tram or railway stations in the definition of an airport because, where appropriate, they are already subject to economic regulatory regimes. However, as we have discussed, I am confident that where it is in the end user’s interest in the provision of airport operation services to include railway assets in the airport’s regulated asset base, the CAA will have the discretion to do so. Nothing in the clause will prevent the CAA from doing so, which I think is the point about which my hon. Friend was concerned.