(1)A licence may be granted by—
(a)the Secretary of State after consulting the CAA,
(b)the CAA with the consent of the Secretary of State, or
(c)the CAA in accordance with a general authority given by the Secretary of State.
(2)A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise).
(3)An application for a licence—
(a)must be made in the prescribed manner;
(b)must contain or be accompanied by prescribed information;
(c)must be accompanied by the application fee (if any);
(d)must, if the licence authority requires, be published by the applicant in the prescribed manner and within a period notified to it by the licence authority.
(4)On an application the licence authority may grant or refuse the licence.
(5)Before granting or refusing a licence the licence authority must—
(a)publish a notice in such manner as the authority thinks appropriate for bringing it to the attention of persons likely to be affected by the grant or refusal,
(b)serve a copy of the notice on the applicant, and
(c)consider any representations made in accordance with the notice (and not withdrawn).
(6)The notice must—
(a)state either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case) the reasons for so proposing, and
(b)state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed grant or refusal.
(7)As soon as practicable after granting a licence the grantor must send a copy—
(a)to the CAA, if the grantor is the Secretary of State;
(b)to the Secretary of State, if the grantor is the CAA.
(8)The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3—
(a)the requirement to consult imposed by subsection (1)(a);
(b)the requirements imposed by subsection (3);
(c)the requirements imposed by subsections (5) and (6).
(9)The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).
(10)The application fee is—
(a)the prescribed fee, if the licence authority is the Secretary of State;
(b)the charge determined under a scheme or regulations made under section 11 of the M1Civil Aviation Act 1982, if the licence authority is the CAA.
(11)“Prescribed” means prescribed by regulations made by the Secretary of State.
Commencement Information
I1S. 6 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Marginal Citations