Civil Aviation Act 2012

PART 4 Application for suspension of condition of new licence or modification

Application for direction suspending condition of new licence

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 Competition Commission—

(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.

Effect of early application for direction under paragraph 9

10 (1) This paragraph applies if—

(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 Competition Commission’s decision on the application under paragraph 9 must be taken before the end of the 10 week period.

Direction following application under paragraph 9

11 (1) The Competition Commission’s functions in relation to an application under paragraph 9 for a direction are to be carried out by an authorised member of the Commission.

(2) An authorised member of the Competition Commission 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) The Competition Commission may by notice vary or withdraw a direction under this paragraph if it considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Application for direction suspending licence modification

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 Competition Commission—

(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.

Effect of early application for direction under paragraph 12

13 (1) This paragraph applies if—

(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 Competition Commission’s decision on the application under paragraph 12 must be taken before the end of the 10 week period.

Direction following application under paragraph 12

14 (1) The Competition Commission’s functions in relation to an application under paragraph 12 for a direction are to be carried out by an authorised member of the Commission.

(2) An authorised member of the Competition Commission 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) The Competition Commission may by notice vary or withdraw a direction under this paragraph if it considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions

15 (1) The Competition Commission must—

(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, the Competition Commission must comply with sub-paragraph (1) before the end of the 10 week period referred to in that paragraph.

(3) The Competition Commission 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 Commission 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.

Time limit for CAA to make representations

16 (1) This paragraph applies where the CAA wishes to make representations to the Competition Commission in relation to an application under paragraph 9 or 12 for a direction.

(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) the Competition Commission 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.