Part I Air traffic
Chapter I Air traffic services
F1Appeal against modification of licence conditions
19AAppeal to Competition and Markets Authority
1
An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).
2
An appeal may be brought under this section only by—
a
the licence holder,
b
an owner or operator of an aircraft whose interests are materially affected by the decision, or
c
an owner or manager of a prescribed aerodrome whose interests are materially affected by the decision.
3
“Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.
4
An appeal may be brought under this section only with the permission of the CMA.
5
An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.
6
The CMA may refuse permission to appeal under this section only on one of the following grounds—
a
that the appeal is brought for reasons that are trivial or vexatious;
b
that the appeal does not have a reasonable prospect of success;
c
that subsection (7) is satisfied.
7
This subsection is satisfied if the appeal is brought—
a
against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and
b
on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.
8
In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.
Ss. 19A-19F and cross-heading inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 3; S.I. 2021/748, reg. 2(f)