Civil Aviation Act 2012

PART 5 U.K.Appeals

Determination of appeal by groupU.K.

17F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)[F2 A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013,for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 ] must consist of 3 members of the [F3CMA panel ].

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A decision of the group is effective only if—

(a)all of the members of the group are present when it is made, and

(b)at least 2 members of the group are in favour of the decision.

Textual Amendments

Commencement Information

I1Sch. 2 para. 17 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Replacing members of groupU.K.

F518U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Sch. 2 para. 18 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Representations made by the CAAU.K.

19(1)This paragraph applies where an application for permission to appeal has been granted and the CAA makes representations to the [F6 Competition and Markets Authority ] for the purposes of the appeal.U.K.

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

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

(b)if the appeal was brought by someone other than the holder of that licence, the appellant,

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

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

Textual Amendments

Commencement Information

I3Sch. 2 para. 19 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Matters that may be disregardedU.K.

20(1)[F7The Competition and Markets Authority] may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that [F8an appeal] is determined within the period allowed under section 28, unless they are matters contained in representations made to the [F9Competition and Markets Authority]—U.K.

(a)in accordance with paragraph 16, or

(b)before the end of the period of 12 weeks beginning with the day on which the relevant notice was published.

(2)In sub-paragraph (1) “the relevant notice” means—

(a)in the case of an appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and

(b)in the case of an appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the appeal.

(3)[F10The Competition and Markets Authority] may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that [F11an appeal] is determined within the period allowed under section 28, unless the matters were raised by the appellant—

(a)at the time of the application under paragraph 1 for permission to appeal, or

(b)in an application under paragraph 9 or 12 for a direction.

(4)[F12The Competition and Markets Authority] may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that [F13an appeal] is determined within the period allowed under section 28, unless the matters were raised by the intervener—

(a)at the time of the application under paragraph 4 for permission to intervene, or

(b)in an application under paragraph 9 or 12 for a direction.

Textual Amendments

Commencement Information

I4Sch. 2 para. 20 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Remitting decision to CAAU.K.

21(1)This paragraph applies where the [F14 Competition and Markets Authority ] decides to remit a matter that is the subject of an appeal to the CAA for reconsideration and decision.U.K.

(2)Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 22(6) in respect of the modification may, with the agreement of the holder of the licence, specify a date falling—

(a)before the end of the period of 6 weeks beginning with the date on which the notice is published, but

(b)on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

(3)Where, on reconsidering the matter, the CAA considers it appropriate to modify a licence by adding or altering a price cap condition in respect of goods and services—

(a)sub-paragraph (4) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (4) and (6)) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and

(b)sub-paragraph (6) applies if the proposed maximum charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.

(4)Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the CAA considers appropriate.

(5)The reference in sub-paragraph (4) to lower charges does not include charges of less than the proposed maximum charges.

(6)Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the CAA considers appropriate.

(7)The reference in sub-paragraph (6) to higher charges does not include charges of more than the proposed maximum charges.

(8)For the purposes of this paragraph a licence condition is a price cap condition to the extent that it regulates prices by providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition.

(9)In this paragraph “appeal period” has the same meaning as in section 28.

Textual Amendments

Commencement Information

I5Sch. 2 para. 21 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)

Substituting CAA's decisionU.K.

22(1)This paragraph applies where the [F15Competition and Markets Authority] decides to substitute its own decision for a decision of the CAA that is the subject of an appeal.U.K.

(2)Section 23 applies to the [F15Competition and Markets Authority] as it applies to the CAA.

(3)The [F16decision of the Competition and Markets Authority] has effect as if made by the CAA, except that—

(a)section 22(6) does not apply, and

(b)an appeal may not be brought against it under this Chapter.

(4)Any modification of a licence effected by the [F17decision of the Competition and Markets Authority] takes effect from the date specified by [F18the Competition and Markets Authority].

(5)The [F19Competition and Markets Authority] may, with the agreement of the holder of the licence, specify a date falling—

(a)before the date on which the order containing its decision is published, but

(b)on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

(6)Where the [F19 Competition and Markets Authority] considers it appropriate to modify the licence by adding or altering a price cap condition in respect of goods and services—

(a)sub-paragraph (7) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (7) and (9)) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and

(b)sub-paragraph (9) applies if the proposed charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.

(7)Where this sub-paragraph applies, the [F20 decision of the Competition and Markets Authority ] may modify the licence so that it includes such price cap conditions as the [F21 Competition and Markets Authority ] considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the [F21 Competition and Markets Authority ] considers appropriate.

(8)The reference in sub-paragraph (7) to lower charges does not include charges of less than the proposed maximum charges.

(9)Where this sub-paragraph applies, the [F22 decision of the Competition and Markets Authority ] may modify the licence so that it includes such price cap conditions as the [F23 Competition and Markets Authority] considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the [F23Competition and Markets Authority] considers appropriate.

(10)The reference in sub-paragraph (9) to higher charges does not include charges of more than the proposed maximum charges.

(11)In this paragraph—

  • “appeal period” has the same meaning as in section 28;

  • “price cap condition” has the same meaning as in paragraph 21.

Textual Amendments

Commencement Information

I6Sch. 2 para. 22 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)