Part I U.K. Air traffic

Chapter I U.K. Air traffic services

[F1 Appeal against modification of licence conditions U.K.

Textual Amendments

F1 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)

19C Determination of appeal U.K.

(1) Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against.

(2) Where it allows an appeal under section 19A, the CMA must do one or more of the following—

(a) quash the decision appealed against;

(b) remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the CMA;

(c) substitute its own decision for that of the CAA.

(3) Where it allows only part of an appeal under section 19A—

(a) subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

(b) subsection (1) applies in respect of the rest of that decision.

(4) Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to—

(a) the CAA, and

(b) the licence holder.

(5) The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction.

(6) A direction given by the CMA under this section to a person other than the CAA is enforceable—

(a) in England and Wales and Northern Ireland, as if it were an order of the High Court;

(b) in Scotland, as if it were an order of the Court of Session.]