SCHEDULES

F1SCHEDULE A1Appeals under section 19A

Annotations:

PART 3Application for suspension of modification

Application for direction suspending licence modification

6

1

Where an application is made under paragraph 1 for permission to appeal against a decision, an application for a direction suspending the effect of the decision may be made to the CMA—

a

by the person who applied for permission to appeal, or

b

by another person who would be entitled to appeal against the decision.

2

An application for a direction may be made at any time before the determination of the appeal.

3

The applicant must send a copy of the application to the CAA.

4

The CAA must—

a

publish the application;

b

send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

5

Those persons are—

a

the holder of the licence that is the subject of the application;

b

any other person with a qualifying interest in the decision that is the subject of the application;

c

any owners or operators of aircraft that the CAA considers appropriate;

d

any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Effect of early application for direction suspending licence modification

7

1

This paragraph applies if—

a

an application is made under paragraph 6 for a direction suspending the effect of a decision under section 11(1) to modify a licence condition,

b

the application is made before the end of the period of six weeks beginning with the day on which the CAA published the decision notice, and

c

the modification would have effect, but for this paragraph, before the end of the period of ten weeks beginning with that day (“the ten-week period”).

2

The modification does not have effect during the ten-week period.

3

The decision of the CMA on the application under paragraph 6 must be taken before the end of the ten-week period.

Direction following application under paragraph 6

8

1

The functions of the CMA in relation to an application under paragraph 6 for a direction are to be carried out by an authorised member of the CMA.

2

An authorised member of the CMA may give a direction suspending the effect of a decision under section 11(1) to include a condition in a licence only if—

a

the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

b

the balance of convenience does not otherwise require the licence condition to have effect from that date.

3

If the authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

a

to the extent specified in the direction, and

b

for the period specified or described in the direction.

4

An authorised member of the CMA may by notice vary or withdraw a direction under this paragraph if the authorised member considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions

9

1

An authorised member of the CMA must—

a

publish a decision on an application under paragraph 6 for a direction and the reasons for the decision;

b

send a copy of the decision and reasons to the persons listed in sub-paragraph (4).

2

Where paragraph 7 applies, the requirements of sub-paragraph (1) must be complied with before the end of the ten-week period referred to in that paragraph.

3

An authorised member of the CMA must—

a

publish any notice varying or withdrawing a direction under paragraph 8 and the reasons for the variation or withdrawal;

b

send a copy of the notice and reasons to the persons listed in sub-paragraph (4).

4

Those persons are—

a

the holder of the licence that is the subject of the application or direction;

b

if the application for the direction was made by someone other than the licence holder, the applicant;

c

any other person with a qualifying interest in the decision that is the subject of the application or appeal;

d

any owners or operators of aircraft that the authorised member considers appropriate;

e

any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

f

the CAA.

Time limit for CAA to make representations

10

1

This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 6 for a direction.

2

In a case to which paragraph 7 applies, the CAA must make the representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

3

In any other case—

a

an authorised member of the CMA must specify a reasonable period for making representations;

b

the CAA must make the representations in writing before the end of that period.

4

In all cases, the CAA must send a copy of its representations to—

a

the holder of the licence that is the subject of the application;

b

if the application was made by someone other than the licence holder, the applicant;

c

any other person with a qualifying interest in the decision that is the subject of the application;

d

any owners or operators of aircraft that the CAA considers appropriate;

e

any owners or managers of prescribed aerodromes that the CAA considers appropriate.