The Operation of Air Services ... Regulations 2009

Regulation 15

[F1 SCHEDULE 3 U.K. Appeal against Secretary of State decisions under regulation 15

Textual Amendments

F1 Schs. 3, 4 inserted (6.4.2013) by The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 (S.I. 2013/486), regs. 1, 37(7)

1.   Subject to paragraphs 3 and 4, an applicant may appeal to a county court from any determination of the Secretary of State under regulation 15 as to whether one of the conditions set out in Article 13(3)(b) of the EU Regulation is fulfilled. U.K.

2.   If the court is satisfied that on the evidence submitted to the Secretary of State, the Secretary of State’s determination was wrong, the court may reverse the Secretary of State’s determination and the Secretary of State must give effect to the court’s determination. U.K.

3.   If the appellant resides or has a registered or principal office in Scotland the appeal may be made to the sheriff court within whose sheriffdom the appellant resides or, as the case may be, has a registered or principal office and the appeal must be brought within 21 days from the date of the Secretary of State’s determination, or within such further period as the sheriff may allow. U.K.

4.   If the appellant resides or has a registered or principal office in Northern Ireland the appeal may be made to the county court held under the County Courts (Northern Ireland) Order 1980 for the division in which the appellant resides or, as the case may be, has a registered or principal office. U.K.

5.   For the purposes of any provision relating to the time within which an appeal may be brought, the Secretary of State’s determination is deemed to have been taken on the date on which the Secretary of State furnished a statement of the reasons for the determination to the applicant for an approval for operation of an aircraft under a wet lease agreement.] U.K.