Civil Aviation Act 2012

27 Determination of appeal U.K.

(1) Where it does not allow an appeal under section 24 or 25, the [F1 Competition and Markets Authority ] must confirm the decision appealed against.

(2) Where it allows an appeal under section 24 or 25, the [F2 Competition and Markets Authority ] must do one or more of the following—

(a) quash the decision appealed against;

(b) remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by [F3 the Competition and Markets Authority ];

(c) substitute its own decision for that of the CAA.

(3) Where it allows only part of an appeal under section 24 or 25—

(a) subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

(b) subsection (1) applies in relation to the rest of that decision.

(4) Where the [F4 Competition and Markets Authority ] substitutes its own decision for that of the CAA, [F5 the Competition and Markets Authority ] may give directions to—

(a) the CAA, and

(b) the holder of the licence.

(5) The [F6 Competition and Markets Authority ] must not give a direction under this section that requires a person to do anything that the person would not have power to do apart from the direction.

(6) A person to whom a direction is given under this section must comply with it.

(7) A direction given under this section to a person other than the CAA is enforceable—

(a) in England and Wales and Northern Ireland, as if it were an order of the High Court, and

(b) in Scotland, as if it were an order of the Court of Session.

Textual Amendments

F1 Words in s. 27(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 27(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 27(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in s. 27(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in s. 27(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Words in s. 27(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 144(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 S. 27 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)