12Undertakings at airports and operators of undertakings

12  Undertakings at airports and operators of undertakings

 (1) For the purposes of this instrument, an undertaking at an airport includes the following:

 (a) the operation of a business at the airport;

 (b) the carrying on of any activity, dealing, operation, process, or work at the airport;

 (c) the operation of any facility, plant, machine or equipment at the airport;

whether or not operated or carried on for profit, authorised by an airport‑lessee company or otherwise lawfully authorised.

 (2) For the purposes of this instrument, an undertaking does not include the following:

 (a) the performance, by an airport‑lessee company for an airport, of duties or responsibilities of a sublessor or licensor in relation to the airport;

 (b) the performance, by the airport‑management company (if any) for an airport, of the function of managing the airport;

 (c) any vicarious liability that an airport‑lessee company or airport‑management company for an airport may have in relation to the carrying on of an undertaking at the airport by a person who is a sublessee or licensee of part of the airport.

 (3) For the purposes of this instrument, an operator of an undertaking at an airport is a person, or each of the persons, (the relevant person):

 (a) carrying on the undertaking; or

 (b) on whose behalf, and under whose direction and control, the undertaking is being carried on by another person as agent or employee of, or by other arrangement with, the relevant person; or

 (c) on whose behalf, and under whose direction and control, part of the undertaking is being carried on by another person as agent or employee of, or by other arrangement with, the relevant person.

Note: A relevant person may include a sublessee, a licensee, a sublicensee or a person operating under a licence, lease or other arrangement at an airport.

 (4) To avoid doubt, an airport‑lessee company for an airport:

 (a) is an operator of an undertaking at the airport if the airport‑lessee company carries on the undertaking at the airport; but

 (b) is not an operator of the undertaking merely because the undertaking is carried on by a sublessee of the airport‑lessee company.