11Modification of a licence

1

The CAA may modify a licence by modifying the licence conditions.

2

Subsection (1) is subject to section 11B.

3

The Secretary of State may modify a licence—

a

by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined;

b

by modifying a prescribed term.

4

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

11AModification of licence: procedure

1

Before modifying a licence in reliance on section 11, the modifying authority must—

a

publish a notice in relation to the proposed modification;

b

send a copy of the notice to the persons listed in subsection (2);

c

consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

2

The persons are—

a

the licence holder;

b

any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;

c

any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;

d

any bodies representing users of air transport services that the modifying authority considers appropriate;

e

where the modifying authority is the CAA, the Secretary of State;

f

where the modifying authority is the Secretary of State, the CAA.

3

The notice under subsection (1) must—

a

state that the modifying authority proposes to modify the licence;

b

specify the proposed modification;

c

give the modifying authority's reasons for the proposed modification;

d

state the effect of the proposed modification;

e

specify a reasonable period for making representations.

4

If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

a

publish a notice, giving its reasons;

b

send a copy of the notice to the persons listed in subsection (2).

5

If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

a

publish a notice in relation to the modification;

b

send a copy of the notice to the persons listed in subsection (2).

6

The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

7

The notice under subsection (5) must—

a

specify the modification;

b

specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);

c

give the modifying authority's reasons for the modification;

d

state the effect of the modification;

e

state how it has taken account of any representations made in the period specified in the notice under subsection (1);

f

state the reasons for any differences between the modification and that set out in the notice under subsection (1).

8

The date specified under subsection (7)(b)—

a

in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);

b

otherwise, must fall after the end of the period of 28 days beginning with that day.

9

In this section “modifying authority”—

a

in relation to a modification of a licence condition, means the CAA;

b

in relation to any other modification, means the Secretary of State.

11BRestrictions on power to modify licence conditions

1

The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

2

The CAA must—

a

publish a direction given to it under subsection (1);

b

send a copy of the direction to the persons listed in subsection (3).

3

The persons are—

a

the licence holder;

b

any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

c

any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

d

any bodies representing users of air transport services that the CAA considers appropriate.

20Enforcement

Schedule B1 makes provision for—

a

the enforcement of the duties imposed by section 8 and licence conditions, and

b

connected appeals.

25Power to obtain information

Schedule C1 makes provision—

a

to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1,

b

for enforcement in connection with the exercise of those powers, and

c

for connected appeals.

Penalties

25AImposing penalties

1

The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.

2

Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

25BRecovering penalties

1

This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.

2

The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

3

The CAA may recover from any person as a debt due to the CAA—

a

the unpaid balance, and

b

any interest on the penalty that has not been paid.

4

Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

25CStatement of policy on penalties

1

The CAA must prepare and publish a statement of its policy with respect to—

a

imposing penalties under this Chapter, and

b

determining their amount.

2

The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

3

When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

4

When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

1

A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition.

2

Where a representation is made to the CAA, the CAA may—

a

consider the representation;

b

investigate the alleged or apprehended contravention.

Article 10aaTemporary power to make regulations about airport slot allocation

1

The Secretary of State may by regulations amend or modify this Regulation or the Airports Slot Allocation Regulations 2006 (S.I. 2006/2665) to make provision about the allocation of airport slots to air carriers in respect of specified periods.

2

The Secretary of State may make regulations under this Article only if the Secretary of State considers that as a result of severe acute respiratory syndrome coronavirus 2—

a

there has been a reduction in the level of air traffic in a period compared to the corresponding period in a relevant previous year, and

b

the reduction is likely to persist.

3

The power to make regulations under this Article may not be exercised—

a

after 24 August 2024, or

b

in respect of a period after the winter season following 24 August 2024.

4

Regulations under this Article may, in particular, make provision—

a

requiring coordinators to consider slots allocated for a specified period as having been operated by the air carrier to which they were initially allocated, subject to any conditions as may be specified in the regulations being met;

b

modifying Articles 8(2), 10(2) and (4) and 14(6) of this Regulation to apply for a specified period as if they contained different percentage figures, subject to any conditions as may be specified in the regulations being met;

c

modifying Article 10(4) of this Regulation to apply for a specified period as if it included additional reasons on the basis of which non-utilisation of slots by an air carrier can be justified;

d

modifying Article 14 of this Regulation to apply for a specified period as if it included a power for the coordinator to withdraw slots from an air carrier for the remainder of a scheduling period where the coordinator determines that the air carrier has ceased its operations at the airport concerned and is no longer able to operate the slots allocated to it;

e

about enforcement of any provision made under this Article, including modifying for a specified period Article 14 of this Regulation or regulations 14 to 19 of the Airports Slot Allocation Regulations 2006;

f

modifying for a specified period any provision of this Regulation relating to the allocation of slots to new entrants (including the definition of new entrant);

g

modifying for a specified period any provision of this Regulation relating to coordination parameters.

5

In paragraph 2(a) “relevant previous year” means any previous year that the Secretary of State considers appropriate for the purposes of comparing levels of air traffic.