The Civil Aviation Authority Regulations 1991

Transfer of licences U.K.

30.—(1) Subject to the provisions of this regulation—

(a) if the sole holder of an air transport licence [F1 or a route licence] (being an individual) shall die, the licence shall be treated from the time of his death as if it had then been granted to his legal personal representative;

(b) if in connection with the reconstruction of any body coroporate or the amalgamation of any bodies corporate the whole of the business of the holder of a licence (being a body corporate), or such part thereof as includes the provision of carriage by air for reward of passengers or cargo, is transferred or sold to another body corporate, the licence shall be treated, from the date of the transfer or sale of the whole or the relevant part of the business, as if it had been granted to that other body corporate.

(2) The person required by paragraph (1) of this regulation to be treated as the holder of the licence may apply to the Authority—

(a) if he is the legal personal representative of an individual licence holder who has died, for the transfer of the licence to any person entitled to a beneficial interest in the deceased’s estate (including himself in his personal capacity if he is in that capacity entitled to such an interest); and

(b) in any other case, for the substitution of his own name in the licence for the name of the person by whom the licence was held.

(3) The application shall state the grounds on which it is based and shall be served on the Authority within 21 days after the date on which the applicant first became entitled to make it; and if no application as aforesaid is made within that period the licence shall cease at the expiration of that period to be treated as if granted to a person other than the person to whom it was granted.

(4) The application shall, for the purposes of these Regulations be treated as if it were an application for the variation of the licence, and the provisions of regulations 27 and 29 as to appeals shall apply accordingly.

(5) The Authority shall not grant an application for the transfer of a licence to, or the substitution of the name of, any person if —

[F2 (a) in the case of an air transport licence it would be bound under section 65(2) of the Act, and

(b) in the case of an air transport licence or a route licence it would be bound under section 65(3) or 69A(4) of the Act,

to refuse that application if it were an application for the grant of a licence to that person.]

(6) For the purposes of this regulation “legal personal representative” means a person constituted executor, administrator or other representative of a deceased person by probate, administration or other instrument.

Textual Amendments

F1 Words in reg. 30(1) inserted (1.1.1993) by The Licensing of Air Carriers Regulations 1992 (S.I. 1992/2992), reg. 1, Sch. 2 para. 18

F2 Words in reg. 30(5) substituted (1.1.1993) by The Licensing of Air Carriers Regulations 1992 (S.I. 1992/2992), reg. 1, Sch. 2 para. 26

Commencement Information

I1 Reg. 30 in force at 1.9.1991, see reg. 1