SCHEDULES
F1SCHEDULE A1Appeals under section 19A
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.
Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)