Transport Act 2000

[F1 PART 1 U.K. Permission to appeal

Textual Amendments

F1 Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)

Application for permission to appeal U.K.

1 (1) An application to the CMA for permission to appeal under section 19A may not be made after the end of the period of six weeks beginning with the day on which the CAA published the decision notice. U.K.

(2) In this Schedule “the decision notice” means the notice published under section 11A of the decision that is the subject of the application for permission to appeal under section 19A.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(c) any owners or operators of aircraft that the CAA considers appropriate;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to appeal U.K.

2 (1) The decision of the CMA on an application for permission to appeal is to be taken by an authorised member of the CMA. U.K.

(2) The authorised member must take the decision before the end of the period of ten weeks beginning with the day on which the CAA published the decision notice.

(3) The authorised member may grant permission to appeal subject to conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be considered on the appeal;

(b) conditions for the purpose of expediting the determination of the appeal;

(c) conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.

(5) An authorised member of the CMA who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 19A must grant permission subject to conditions excluding the consideration of—

(a) matters that were considered as part of the earlier appeal, and

(b) matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not to do so.

(6) In sub-paragraph (5) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

(7) An authorised member of the CMA must—

(a) publish the decision on an application for permission to appeal and the reasons for the decision;

(b) send a copy of the decision and the reasons to the persons listed in sub-paragraph (8).

(8) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(9) An authorised member of the CMA may exclude from publication under sub-paragraph (7) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

Time limit for CAA to make representations U.K.

3 (1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 1 for permission to appeal against a decision. U.K.

(2) The CAA must make representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.]