The Airports (Groundhandling) Regulations 1997

Regulations 9(9), 10(9), 11(10), 14(4) and 15(4)

SCHEDULE 1 U.K. PROCEDURE FOR A DETERMINATION BY THE CAA UNDER REGULATIONS 9, 10, 11, 14 AND 15

1.—(a) An application to which the provisions of this Schedule apply shall be made in writing to the CAA and F1 ... shall contain such particulars with respect to such matters as the CAA may specify in a notice published in its Official Record. U.K.

(b) A notice published pursuant to sub-paragraph (a) above may be altered or cancelled by subsequent notice published pursuant to that sub-paragraph.

Textual Amendments

F1 Words in Sch. 1 para. 1(a) omitted (31.12.1998) by virtue of The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(a)

Commencement Information

I1 Sch. 1 para. 1 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I2 Sch. 1 para. 1 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I3 Sch. 1 para. 1 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I4 Sch. 1 para. 1 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

2.  An application made pursuant to regulation 11(1), (2) or (13) shall be accompanied by a plan of appropriate measures to overcome the specific constraints of available space or capacity which allegedly make it impossible to open up the market or, as the case may be, implement self-handling to the degree provided for in these Regulations. U.K.

Commencement Information

I5 Sch. 1 para. 2 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I6 Sch. 1 para. 2 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I7 Sch. 1 para. 2 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I8 Sch. 1 para. 2 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

3.  The provisions of this Schedule apply, save as otherwise provided, to applications made to the CAA pursuant to regulations 9(1), 10(1) and (8), 11(1), (2) and (13), 14(1) [F2 and (4)] and 15(1). U.K.

Textual Amendments

F2 Words in Sch. 1 para. 3 inserted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(b)

Commencement Information

I9 Sch. 1 para. 3 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I10 Sch. 1 para. 3 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I11 Sch. 1 para. 3 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I12 Sch. 1 para. 3 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

4.  The CAA may refuse to consider an application unless it contains all the particulars specified by the CAA pursuant to paragraph 1 above. U.K.

Commencement Information

I13 Sch. 1 para. 4 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I14 Sch. 1 para. 4 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I15 Sch. 1 para. 4 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I16 Sch. 1 para. 4 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

5.  Where, pursuant to regulation 10(8), the CAA proposes to revoke or vary a determination made pursuant to regulation 10(1), it shall serve on— U.K.

(a) the managing body of the airport concerned, and

(b) any supplier of groundhandling services who, pursuant to regulation 12(7), has been selected in relation to that determination to provide groundhandling services at the airport

notice of the proposal together with the reasons for it.

Commencement Information

I17 Sch. 1 para. 5 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I18 Sch. 1 para. 5 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I19 Sch. 1 para. 5 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I20 Sch. 1 para. 5 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

[F3 5A.   Where, pursuant to regulation 14(4), the CAA proposes to revoke or vary a determination made pursuant to regulation 14(1), it shall serve on– U.K.

(a) the managing body of the airport concerned, and

(b) the person for whom has been reserved the management of the centralised infrastructures in question, where that person is not the managing body of the airport concerned,

notice of the proposal together with the reasons for it.]

Textual Amendments

F3 Sch. 1 para. 5A inserted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(c)

6.  Where the managing body of an airport makes an application to the CAA pursuant to regulation 15(1), the CAA shall serve on the supplier of groundhandling services or the airport user to whom it relates a copy of the application. U.K.

Commencement Information

I21 Sch. 1 para. 6 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I22 Sch. 1 para. 6 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I23 Sch. 1 para. 6 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I24 Sch. 1 para. 6 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

7.  In the following provisions of this Schedule, save where the context otherwise admits, “application” shall include a proposal in respect of which notice has been served pursuant to paragraph 5 [F4 or paragraph 5A] above. U.K.

Textual Amendments

F4 Words in Sch. 1 para. 7 inserted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(d)

Commencement Information

I25 Sch. 1 para. 7 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I26 Sch. 1 para. 7 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I27 Sch. 1 para. 7 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I28 Sch. 1 para. 7 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

8.  The CAA shall cause such particulars of the application as it thinks necessary for indicating the substance of the application to be published in its Official Record and shall make a copy of the application available at its principal office for inspection by any person at any reasonable time. U.K.

Commencement Information

I29 Sch. 1 para. 8 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I30 Sch. 1 para. 8 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I31 Sch. 1 para. 8 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I32 Sch. 1 para. 8 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

9.  The publication referred to in paragraph 8 above shall specify a period for the service of objections or representations which period shall be not less than 14 days beginning on the date of publication unless the CAA is satisfied that for reasons of urgency it is desirable to specify a shorter period. U.K.

Commencement Information

I33 Sch. 1 para. 9 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I34 Sch. 1 para. 9 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I35 Sch. 1 para. 9 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I36 Sch. 1 para. 9 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

10.  Any person may serve on the CAA an objection to, or representation about, an application published pursuant to paragraph 8 above where— U.K.

(a) he does so in writing within the period specified in the publication referred to in that paragraph;

(b) in the case of an application referred to in paragraph 3 above, he serves a copy of his objection or representation on the applicant within 24 hours after it has been served on the CAA; and

(c) he states the grounds of his objection or representation.

Commencement Information

I37 Sch. 1 para. 10 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I38 Sch. 1 para. 10 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I39 Sch. 1 para. 10 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I40 Sch. 1 para. 10 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

[F5 11.— (1) Before the date fixed for the hearing of an application pursuant to paragraph 12 below, and subject to sub-paragraphs (2) and (3) below, the CAA shall serve on any person who has the right to be heard in connection with the application or whom the CAA proposes to hear a copy of, or a summary of, any information in the possession of the CAA which has been provided in connection with the application or which the CAA has reason to believe will be referred to at the hearing of the application. U.K.

(2) Before serving any information provided by a supplier the CAA shall consult that supplier.

(3) If, having consulted the supplier, the CAA is of the opinion that both–

(i) the information concerned relates to the commercial or financial affairs of the supplier, and

(ii) the supplier would be more prejudiced if the information were disclosed than would be the public or the prospective recipient if the information were not disclosed,

then the CAA shall not serve the information.

(4) In this paragraph, “supplier” means a person who has provided to the CAA information in connection with an application to which the provisions of this Schedule apply.]

Textual Amendments

F5 Sch. 1 para. 11 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(e)

Commencement Information

I41 Sch. 1 para. 11 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I42 Sch. 1 para. 11 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I43 Sch. 1 para. 11 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I44 Sch. 1 para. 11 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

12.—(1) Subject to sub-paragraph (2) below, before any decision is made on an application published pursuant to paragraph 8 above the following persons shall have the right to be heard: U.K.

(a) the managing body of the airport concerned;

(b) an airport user;

(c) save in the case of an application made pursuant to regulation 15(1) for a determination prohibiting an airport user from self-handling, a supplier of groundhandling services.

(2) No person (other than, in the case of an application referred to in paragraph 3 above, the applicant) shall have a right to be heard unless he has served an objection or representation pursuant to paragraph 10 above and in doing so has stated that he wishes to be heard.

(3) Notwithstanding that a person does not have a right to be heard, where he has served an objection or representation pursuant to paragraph 10 above the CAA may, if it thinks fit, hear him.

(4) No hearing shall be held pursuant to this paragraph unless the CAA has served on all persons having a right to be heard and whom it proposes to hear in connection with the application not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the application to which it relates; a similar notice shall be published not less than 7 days before the date of the hearing and shall be exhibited in a public place in the CAA’s principal office during the 7 days immediately preceding the date of the hearing.

Commencement Information

I45 Sch. 1 para. 12 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I46 Sch. 1 para. 12 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I47 Sch. 1 para. 12 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I48 Sch. 1 para. 12 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

13.—(1) Hearings shall be conducted by the CAA, sitting with such employees of the CAA acting as advisers as it thinks fit. U.K.

(2) At a hearing every party to the case may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine any other party to the case, any person whom the CAA hears pursuant to paragraph 12(3) above and any witnesses produced by any such party or person. The CAA may, to such extent as it thinks fit, permit any person heard by it pursuant to paragraph 12(3) above to exercise at the hearing the rights set out in this paragraph of a party to the case.

(3) Any person who has served an objection or representation pursuant to paragraph 10 above but who does not wish to be heard may make a written submission which he shall serve on the CAA not less than 3 working days before the date fixed for the hearing of the case.

(4) Every hearing shall be held in public unless the CAA otherwise decides in relation to the whole or part of a particular application F6 ....

(a) (5) (a) Subject to sub-paragraphs (b) and (c) below, all the proceedings at a hearing of the CAA in connection with the application shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the CAA shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.

(b) The CAA shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision on the application.

(c) A mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any party to the case or by any other person heard by the CAA at those proceedings.

Textual Amendments

F6 Words in Sch. 1 para. 13(4) omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 83

Commencement Information

I49 Sch. 1 para. 13 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I50 Sch. 1 para. 13 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I51 Sch. 1 para. 13 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I52 Sch. 1 para. 13 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

14.  The CAA shall notify— U.K.

(a) the managing body of the airport concerned;

(b) in the case of an application made pursuant to regulation 10(8) [F7 or regulation 14(4)] by a person other than the managing body of the airport, that person;

(c) any person whom it has heard in connection with the application; and

(d) in the case of an application made pursuant to regulation 15(1), the supplier of groundhandling services or, as the case may be, the airport user in relation to whom the application was made

of its determination and of its reasons for the determination.

Textual Amendments

F7 Words in Sch. 1 para. 14(b) inserted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 9(f)

Commencement Information

I53 Sch. 1 para. 14 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I54 Sch. 1 para. 14 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I55 Sch. 1 para. 14 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I56 Sch. 1 para. 14 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

15.  The CAA shall cause particulars of its determination and of its reasons for the determination to be published in its Official Record. U.K.

Commencement Information

I57 Sch. 1 para. 15 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I58 Sch. 1 para. 15 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I59 Sch. 1 para. 15 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I60 Sch. 1 para. 15 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

16.  Where the CAA makes a determination pursuant to regulation 9(1) or 10(1), the particulars published pursuant to paragraph 15 above shall include: U.K.

(a) the matters required by regulation 9(2) or, as the case may be, 10(2) to be specified in relation to such a determination; and

(b) in the case of a determination made pursuant to regulation 9(1), the relevant, objective, transparent and non-discriminatory criteria on which the CAA based its choice of airport users in accordance with regulation 9(3).

Commencement Information

I61 Sch. 1 para. 16 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I62 Sch. 1 para. 16 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I63 Sch. 1 para. 16 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I64 Sch. 1 para. 16 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

17.  Where the CAA makes a determination pursuant to regulation 11(1), (2) or (13), the particulars published pursuant to paragraph 15 above shall include— U.K.

(a) the matters required by regulation 11(3) to be specified in relation to such a determination;

(b) the place where, and the hours during which, a copy of the plan referred to in paragraph 2 above may be viewed; and

(c) in the case of a determination made pursuant to regulation 11(2) or a determination made pursuant to regulation 11(13) which renews a determination made pursuant to regulation 11(2), the relevant, objective, transparent and non-discriminatory criteria on which the CAA based its choice of airport users in accordance with regulation 11(4).

Commencement Information

I65 Sch. 1 para. 17 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I66 Sch. 1 para. 17 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I67 Sch. 1 para. 17 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I68 Sch. 1 para. 17 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

18.  Where, pursuant to regulation 9(6) or 10(5), notice is served on the CAA to the effect that an airport has become a category A, category B or, as the case may be, a category C airport, the CAA shall cause a notice to the same effect to be published in its Official Record. The CAA’s notice shall also include a statement to the effect that the determination made in relation to that airport pursuant to regulation 9(1) or, as the case may be, 10(1) has taken effect. U.K.

Commencement Information

I69 Sch. 1 para. 18 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I70 Sch. 1 para. 18 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I71 Sch. 1 para. 18 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I72 Sch. 1 para. 18 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

F8 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F8 Sch. 1 para. 19 omitted (31.12.2020) by virtue of The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1088), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)

20.  The failure of the CAA or of any person to give notice or publish any particulars in the time or manner provided for in these Regulations or any other procedural irregularity shall not invalidate the action taken by the CAA; but the CAA may take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by the giving of notice or otherwise, and shall take such steps if it considers that any person may have been prejudiced. U.K.

Commencement Information

I73 Sch. 1 para. 20 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I74 Sch. 1 para. 20 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I75 Sch. 1 para. 20 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I76 Sch. 1 para. 20 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

21.  In this Schedule “party to the case” means a person having the right to be heard by virtue of paragraph 12(1) above. U.K.

Commencement Information

I77 Sch. 1 para. 21 in force at 27.10.1997 for specified purposes, see reg. 1(2)

I78 Sch. 1 para. 21 in force at 1.1.1998 for specified purposes, see reg. 1(5)(a)

I79 Sch. 1 para. 21 in force at 1.1.1999 for specified purposes, see reg. 1(5)(b)(i)

I80 Sch. 1 para. 21 in force at 1.1.2001 in so far as not already in force, see reg. 1(5)(b)(ii)

Regulation 20

SCHEDULE 2 U.K.

PART I U.K. APPEALS TO THE CAA

1.  An appeal to the CAA shall be made by a notice in writing, signed by or on behalf of the appellant, which clearly identifies the decision or individual measure to which it relates and states the grounds on which the appeal is based and the arguments on which the appellant relies. U.K.

Commencement Information

I81 Sch. 2 Pt. 1 para. 1 in force at 27.10.1997, see reg. 1(2)

[F9 2.   The appellant shall serve the notice of appeal on– U.K.

(a) the CAA, and

(b) the managing body of the airport concerned, and

(c) in the case of an appeal against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the persons named in the notice published by the CAA pursuant to regulation 12(15) as the persons selected to supply groundhandling services, and

(d) in the case of an appeal against a decision or individual measure taken, pursuant to regulation 16, by the public authority or other body controlling the airport, that authority or body.]

Textual Amendments

F9 Sch. 2 Pt. 1 para. 2 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(a)

3.—(1) Where the appeal is against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the notice of appeal shall be served within a period of 1 month beginning on the date on which the decision was published by the CAA pursuant to regulation 12(15). U.K.

(2) In every other case, the notice of appeal shall be served promptly and in any event within a period of 1 month beginning on the date on which the decision or individual measure concerned was taken.

(3) The CAA may extend the period within which an appeal may be made if it considers that there is good reason for doing so.

Commencement Information

I82 Sch. 2 Pt. 1 para. 3 in force at 27.10.1997, see reg. 1(2)

[F10 4.— (1) Where a notice of appeal is served on the CAA pursuant to paragraph 2(a) above, the CAA shall serve on each of the parties to the appeal a notice requiring each such party within 7 days after receiving the notice from the CAA to inform the CAA whether he requires an oral hearing of the appeal. U.K.

(2) If any person on whom a notice is served by the CAA pursuant to paragraph 4(1) above informs the CAA that he requires an oral hearing, then–

(a) the CAA shall immediately serve on each of the parties to the appeal a notice stating that there will be an oral hearing, and

(b) paragraph 5A below shall not apply.

(3) If no person informs the CAA within the period of 7 days referred to in paragraph 4(1) above that he requires an oral hearing, then the CAA shall serve on each of the parties to the appeal a notice stating that the appeal will be conducted by written representation, in which case paragraph 5A below shall apply.

(4) No oral hearing of an appeal shall be held pursuant to this paragraph unless the CAA has served on each of the parties to the appeal not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the appeal to which it relates; a similar notice shall be published not less than 7 days before the date of the hearing and shall be exhibited in a public place in the CAA’s principal office during the 7 days immediately preceding the date of the hearing.]

Textual Amendments

F10 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

[F10 5.— (1) Hearings of appeals shall be conducted by the CAA, sitting with such employees of the CAA acting as advisers as it thinks fit. U.K.

(2) At a hearing each of the parties to the appeal may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine any other party to the appeal and any witnesses produced by any such party.

(3) Every hearing shall be held in public unless the CAA otherwise decides in relation to the whole or part of a particular appeal F11 ....

(4) Subject to sub-paragraphs (5) and (6) below, all the proceedings at a hearing of the CAA in connection with the appeal shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the CAA shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.

(5) The CAA shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision on the appeal.

(6) A mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by each of the parties to the appeal.]

Textual Amendments

F10 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

F11 Words in Sch. 2 Pt. 1 para. 5(3) omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 84

[F10 5A.— (1) Where a person receives a notice of appeal pursuant to paragraph 2(b), 2(c) or 2(d) above, that person shall, within 14 days after receiving a notice pursuant to paragraph 4(3) above,– U.K.

(a) serve on the CAA any submission which that person may wish to make in connection with the appeal, and

(b) serve on each of the other parties to the appeal a copy of that submission.

(2) Within 14 days after receiving a copy of the submission referred to in paragraph 5A(1) above, each of the other parties to the appeal–

(a) shall serve on the CAA any reply he may wish to make to any such submission, and

(b) shall serve on all other parties to the appeal a copy of any such reply.]

Textual Amendments

F10 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

6.  Before deciding an appeal the CAA may ask [F12 any of the parties to the appeal] to amplify or explain any point made by him or to answer any question, the answer to which appears to the CAA necessary to enable it to determine the appeal, and the CAA shall give [F13 the other parties to the appeal] an opportunity of replying to such amplification, explanation or answer. U.K.

Textual Amendments

F12 Words in Sch. 2 Pt. 1 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(c)(i)

F13 Words in Sch. 2 Pt. 1 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(c)(ii)

Commencement Information

I83 Sch. 2 Pt. 1 para. 6 in force at 27.10.1997, see reg. 1(2)

7.—(1) Where the appeal is against a decision made by the managing body of an airport pursuant to regulation 12(7)(a), the CAA may if it thinks fit determine either to dismiss the appeal or to direct that body to vary its decision. U.K.

(2) In every other case, the CAA may determine to—

(a) dismiss the appeal; or

(b) give such direction in relation to the decision or individual measure concerned as it thinks fit.

Commencement Information

I84 Sch. 2 Pt. 1 para. 7 in force at 27.10.1997, see reg. 1(2)

8.  A person to whom a direction is given by the CAA pursuant to paragraph 7(1) or (2)(b) above shall comply with that direction. U.K.

Commencement Information

I85 Sch. 2 Pt. 1 para. 8 in force at 27.10.1997, see reg. 1(2)

[F14 9.   The CAA shall notify each of the parties to the appeal of its determination and the reasons for it.] U.K.

Textual Amendments

F14 Sch. 2 Pt. 1 para. 9 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(d)

10.  The CAA shall cause particulars of its determination and of the reasons for it to be published in its Official Record. U.K.

Commencement Information

I86 Sch. 2 Pt. 1 para. 10 in force at 27.10.1997, see reg. 1(2)

11.  The failure of any person (other than the appellant in serving notice of appeal on the CAA within the time prescribed in paragraph 3 above) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time provided for in this Part of this Schedule or any other procedural irregularity shall not invalidate the decision of the CAA; but the CAA may take such steps as it thinks fit before deciding the appeal to cure the irregularity and shall take such steps if it considers that any person may have been prejudiced. U.K.

Commencement Information

I87 Sch. 2 Pt. 1 para. 11 in force at 27.10.1997, see reg. 1(2)

[F15 12.   In this Part of this Schedule “parties to the appeal” means– U.K.

(a) the appellant, and

(b) the persons (other than the CAA) on whom a notice of appeal is served in accordance with paragraph 2 above.]

Textual Amendments

F15 Sch. 2 Pt. 1 para. 12 added (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(e)

PART II U.K. APPEALS TO THE SECRETARY OF STATE

1.  An appeal to the Secretary of State shall be made by a notice in writing, signed by or on behalf of the appellant, which clearly identifies the determination [F16 or decision] to which it relates and states the grounds on which the appeal is based and the arguments on which the appellant relies. U.K.

Textual Amendments

F16 Words in Sch. 2 Pt. 2 para. 1 inserted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(a)

Commencement Information

I88 Sch. 2 Pt. 2 para. 1 in force at 27.10.1997, see reg. 1(2)

[F17 2.   The appellant shall serve the notice of appeal on– U.K.

(a) the Secretary of State, and

(b) the CAA, and

(c) where it is not the appellant, the managing body of the airport concerned, and

(d) in the case of an appeal against a determination of the CAA made pursuant to regulation 9(1), the persons named in the notice published by the CAA pursuant to paragraph 15 of Schedule 1 to these Regulations as the persons selected to exercise the right to self-handle in relation to the airside services to which the determination relates, and

(e) in the case of an appeal against a decision of the CAA taken pursuant to regulation 12(7)(b), the persons named in the notice published by the CAA pursuant to regulation 12(15) as the persons selected to supply groundhandling services.]

Textual Amendments

F17 Sch. 2 Pt. 2 para. 2 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(b)

3.  The notice of appeal shall be served within a period of 1 month beginning on the date on which, pursuant to these Regulations, the CAA publishes in its Official Record particulars of [F18 the determination or decision concerned]. U.K.

Textual Amendments

F18 Words in Sch. 2 Pt. 2 para. 3 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(c)

Commencement Information

I89 Sch. 2 Pt. 2 para. 3 in force at 27.10.1997, see reg. 1(2)

[F19 4.— (1) Where a person receives a notice of appeal pursuant to paragraph 2(b), 2(c), 2(d) or 2(e) above, that person shall, within 14 days after receiving such notice– U.K.

(a) serve on the Secretary of State any submission which that person may wish to make in connection with the appeal, and

(b) serve on each of the other parties to the appeal a copy of that submission.

(2) Within 14 days after receiving a copy of the submission referred to in paragraph 4(1) above, each of the other parties to the appeal–

(a) shall serve on the Secretary of State any reply he may wish to make to any such submission, and

(b) shall serve on all other parties to the appeal a copy of any such reply.]

Textual Amendments

F19 Sch. 2 Pt. 2 para. 4 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(d)

F20 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F20 Sch. 2 Pt. 2 para. 5 omitted (31.12.1998) by virtue of The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(e)

6.  Before deciding an appeal the Secretary of State may ask [F21 any of the parties to the appeal] to amplify or explain any point made by them or to answer any question, the answer to which appears to the Secretary of State necessary to enable him to determine the appeal, and the Secretary of State shall give [F22 the other parties to the appeal] an opportunity of replying to such amplification, explanation or answer. U.K.

Textual Amendments

F21 Words in Sch. 2 Pt. 2 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(f)(i)

F22 Words in Sch. 2 Pt. 2 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(f)(ii)

Commencement Information

I90 Sch. 2 Pt. 2 para. 6 in force at 27.10.1997, see reg. 1(2)

7.  In the appeal proceedings no person may submit to the Secretary of State evidence which was not before the CAA when it made the determination. U.K.

Commencement Information

I91 Sch. 2 Pt. 2 para. 7 in force at 27.10.1997, see reg. 1(2)

8.  The Secretary of State may if he thinks fit uphold the determination or direct the CAA to reverse or vary its determination. U.K.

Commencement Information

I92 Sch. 2 Pt. 2 para. 8 in force at 27.10.1997, see reg. 1(2)

9.  The Secretary of State shall notify [F23 each of the parties to the appeal] of his decision and of the reasons for it. U.K.

Textual Amendments

F23 Words in Sch. 2 Pt. 2 para. 9 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(g)

Commencement Information

I93 Sch. 2 Pt. 2 para. 9 in force at 27.10.1997, see reg. 1(2)

10.  The CAA shall cause particulars of the Secretary of State’s decision and of the reasons for it to be published in its Official Record. U.K.

Commencement Information

I94 Sch. 2 Pt. 2 para. 10 in force at 27.10.1997, see reg. 1(2)

11.  The failure of any person (other than the appellant in serving notice of appeal on the Secretary of State within the time prescribed in paragraph 3 above) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time provided for in this Part of this Schedule or any other procedural irregularity shall not invalidate the decision of the Secretary of State; but the Secretary of State may take such steps as he thinks fit before deciding the appeal to cure the irregularity and shall take such steps if he considers that any person may have been prejudiced. U.K.

Commencement Information

I95 Sch. 2 Pt. 2 para. 11 in force at 27.10.1997, see reg. 1(2)

[F24 12.   In this Part of this Schedule “parties to the appeal” means– U.K.

(a) the appellant, and

(b) the persons (other than the Secretary of State) on whom a notice of appeal is served in accordance with paragraph 2 above.]

Textual Amendments

F24 Sch. 2 Pt. 2 para. 12 added (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 11(h)