The Civil Aviation Authority Regulations 1991

Revocation, suspension or variation of licences without application being made U.K.

17.—(1) Subject to paragraph (3) of this regulation, if the Authority proposes to revoke, suspend, or vary an air transport licence (other than in pursuance of an application made to it in that regard) on the ground that it is not or is no longer satisfied as to the matters specified in paragraph (a) or (b) of section 66(3) of the Act, it shall—

(a) serve on the holder of the licence not less than 21 days' notice of its intention to publish particulars of the proposal together with the reasons for its proposal;

(b) consider any representations which may be made to it by the holder of the licence before the expiration of the said notice; and

(c) as soon as may be after the expiration of the said notice or at such earlier time as the Authority and the holder of the licence may agree, publish particulars of the proposal unless it has abandoned the proposal:

Provided that the Authority may—

(i) with the consent of the holder of the licence dispense with publication of its proposal to revoke or suspend the licence;

(ii) dispense with publication of its proposal to vary the licence if it is satisfied that the variation is unlikely to prejudice the interests of any person of a description specified in regulation 25(1).

(2) Subject to paragraph (3) of this regulation, if the Authority proposes to revoke, suspend or vary an air transport licence on grounds other than those referred to in paragraph (1) of this regulation and otherwise than in pursuance of an application made to it in that regard [F1 or proposes to revoke, suspend or vary a route licence otherwise than in pursuance of an application made to it in that regard,] it shall publish particulars of the proposal and of the reasons for it, unless—

(a) the Secretary of State has directed the Authority to revoke, suspend or vary the licence as proposed or the proposal is made pursuant to a direction made by the Secretary of State under regulation 29(1) to re-hear the case;

(b) the Authority’s duty under section 31(2) of the Airports Act 1986(1) (being a duty so to perform its air transport licensing functions as to secure that any traffic distribution rules in force under section 31 of the said Act are complied with) requires it to revoke, suspend or vary the licence as proposed;

(c) except in the case of an environmental proposal, the Authority is satisfied that to dispense with publication is unlikely to prejudice the interests of any person of a description specified in regulation 25(1) and the holder of the licence consents to the proposal not being published.

(3) The Authority may [F2 suspend an air transport] licence notwithstanding that it has not complied with the requirements of paragraph (1) or (2) of this regulation if it has served on the holder of the licence not less than 6 working days' notice of its proposal to suspend the licence, together with its reasons for the proposal, and if, after considering any representations which may be made to it by the holder of the licence before the expiration of such notice it is not, or is no longer, satisfied as mentioned in section 66(3)(a) or (b) of the Act.

(4) Before reaching a decision that it has reason to believe that the holder of an air transport licence [F3 or a route licence] is neither a United Kingdom national nor such a body as is mentioned in section 65(3)(b) of the Act, the Authority shall:

(a) serve on the holder of the licence not less than 21 days' notice of its intention to consider the matter; and

(b) consider any representations which may be made to it by the holder of the licence before the expiration of the said period.

Textual Amendments

F1 Words in reg. 17(2) inserted (1.1.1993) by The Licensing of Air Carriers Regulations 1992 (S.I. 1992/2992), reg. 1, Sch. 2 para. 19

F2 Words in reg. 17(3) substituted (1.1.1993) by The Licensing of Air Carriers Regulations 1992 (S.I. 1992/2992), reg. 1, Sch. 2 para. 20

F3 Words in reg. 17(4) inserted (1.1.1993) by The Licensing of Air Carriers Regulations 1992 (S.I. 1992/2992), reg. 1, Sch. 2 para. 18

Commencement Information

I1 Reg. 17 in force at 1.9.1991, see reg. 1

(1)

1986 c. 31.