Civil Aviation Act 2012

PART 4 U.K. Application for suspension of condition of new licence or modification

Application for direction suspending condition of new licence U.K.

9 (1) Where an application is made for permission to appeal against a decision under section 15 to include a condition in a licence, an application for a direction suspending the effect of the decision may be made to the [F1 Competition and Markets Authority ]— U.K.

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against the decision.

(2) An application for a direction may be made at any time before the determination of the appeal.

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

(4) The CAA must—

(a) publish the application, and

(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, and

(c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Textual Amendments

F1 Words in Sch. 2 para. 9(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(9); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 Sch. 2 para. 9 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Effect of early application for direction under paragraph 9 U.K.

10 (1) This paragraph applies if— U.K.

(a) an application is made under paragraph 9 for a direction suspending the effect of a decision under section 15 to include a condition in a licence,

(b) the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published the notice of the decision to grant the licence in accordance with section 15, and

(c) the licence condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).

(2) The licence condition does not have effect during the 10 week period.

(3) The [F2 decision of the Competition and Markets Authority ] on the application under paragraph 9 must be taken before the end of the 10 week period.

Textual Amendments

F2 Words in Sch. 2 para. 10(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(10); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I2 Sch. 2 para. 10 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Direction following application under paragraph 9 U.K.

11 (1) The [F3 functions of the Competition and Markets Authority] in relation to an application under paragraph 9 for a direction are to be carried out by an authorised member of [F4 the Competition and Markets Authority]. U.K.

(2) An authorised member of the [F5 Competition and Markets Authority] may give a direction suspending the effect of a decision under section 15 to include a condition in a licence only if—

(a) the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

(b) the balance of convenience does not otherwise require the licence condition to have effect from that date.

(3) If an authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) [F6 An authorised member of the Competition and Markets Authority] may by notice vary or withdraw a direction under this paragraph if [F7 he or she] considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Textual Amendments

F3 Words in Sch. 2 para. 11(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(11)(a)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in Sch. 2 para. 11(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(11)(a)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in Sch. 2 para. 11(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(11)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Words in Sch. 2 para. 11(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(11)(c)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Words in Sch. 2 para. 11(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(11)(c)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I3 Sch. 2 para. 11 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Application for direction suspending licence modification U.K.

12 (1) Where an application for permission to appeal against a decision under section 22 to modify a licence condition is made, an application for a direction suspending the effect of the decision may be made to the [F8 Competition and Markets Authority]— U.K.

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against the decision.

(2) An application for a direction may be made at any time before the determination of the appeal.

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

(4) The CAA must—

(a) publish the application, and

(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, and

(c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Textual Amendments

F8 Words in Sch. 2 para. 12(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(12); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I4 Sch. 2 para. 12 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Effect of early application for direction under paragraph 12 U.K.

13 (1) This paragraph applies if— U.K.

(a) an application is made under paragraph 12 for a direction suspending the effect of a decision under section 22 to modify a licence condition,

(b) the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published notice of that decision in accordance with that section, and

(c) the modification would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).

(2) The modification does not have effect during the 10 week period.

(3) The [F9 decision of the Competition and Markets Authority] on the application under paragraph 12 must be taken before the end of the 10 week period.

Textual Amendments

F9 Words in Sch. 2 para. 13(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(13); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I5 Sch. 2 para. 13 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Direction following application under paragraph 12 U.K.

14 (1) The [F10 functions of the Competition and Markets Authority] in relation to an application under paragraph 12 for a direction are to be carried out by an authorised member of [F11 the Competition and Markets Authority]. U.K.

(2) An authorised member of the [F12 Competition and Markets Authority] may give a direction suspending the effect of a decision under section 22 to include a condition in a licence only if—

(a) the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

(b) the balance of convenience does not otherwise require the licence condition to have effect from that date.

(3) If an authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) [F13 An authorised member of the Competition and Markets Authority] may by notice vary or withdraw a direction under this paragraph if [F14 he or she] considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Textual Amendments

F10 Words in Sch. 2 para. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(a)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Words in Sch. 2 para. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(a)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in Sch. 2 para. 14(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Words in Sch. 2 para. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(c)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 Words in Sch. 2 para. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(14)(c)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I6 Sch. 2 para. 14 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Publication of decisions about directions U.K.

15 (1) [F15 An authorised member of the Competition and Markets Authority must]— U.K.

(a) publish a decision on an application under paragraph 9 or 12 for a direction and the reasons for the decision, and

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (4).

(2) Where paragraph 10 or 13 applies, [F16 the requirements of sub-paragraph (1) must be complied with] before the end of the 10 week period referred to in that paragraph.

(3) [F17 An authorised member of the Competition and Markets Authority must]—

(a) publish any notice varying or withdrawing a direction under paragraph 11 or 14 and the reasons for the variation or withdrawal, and

(b) send a copy of the notice and reasons to the persons listed in sub-paragraph (4).

(4) Those persons are—

(a) the holder of the licence which is the subject of the application or direction,

(b) if the application for the direction was made by someone other than the holder of that licence, the applicant,

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

(d) such bodies representing airport operators or providers of air transport services as the [F18 authorised member] considers appropriate, and

(e) the CAA.

(5) Section 29(5) applies to the publication of a decision, notice or reasons mentioned in sub-paragraph (1) or (3) as it applies to the publication of an order containing a determination of an appeal.

Textual Amendments

F15 Words in Sch. 2 para. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(15)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F16 Words in Sch. 2 para. 15(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(15)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 Words in Sch. 2 para. 15(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(15)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F18 Words in Sch. 2 para. 15(4)(d) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(15)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I7 Sch. 2 para. 15 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Time limit for CAA to make representations U.K.

16 (1) This paragraph applies where the CAA wishes to make representations to the [F19 Competition and Markets Authority ] in relation to an application under paragraph 9 or 12 for a direction. U.K.

(2) In a case to which paragraph 10 or 13 applies, the CAA must make the representations in writing before the end of the period of 8 weeks beginning with the day on which the CAA published the relevant notice.

(3) In sub-paragraph (2) “the relevant notice” means—

(a) in the case of an application under paragraph 9, the notice published in accordance with section 15 of the decision to grant the licence, and

(b) in the case of an application under paragraph 12, the notice published in accordance with section 22 of the decision that is the subject of the application.

(4) In any other case—

(a) [F20 an authorised member of the Competition and Markets Authority ] must specify a reasonable period for making representations, and

(b) the CAA must make the representations in writing before the end of that period.

(5) In all cases, the CAA must send a copy of its representations to—

(a) the holder of the licence which is the subject of the application,

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

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

(d) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Textual Amendments

F19 Words in Sch. 2 para. 16(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(16)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F20 Words in Sch. 2 para. 16(4)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(16)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I8 Sch. 2 para. 16 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)