1991 No. 1672
The Civil Aviation Authority Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State for Transport, in exercise of his powers under sections 2(3), 7(1) and (2), 11(2), 64(3), 65(1) and (6), 66(1) and (4), 67(1), (2) and (5), 84(1), 85(1) and 102(1) and (2) of and paragraph 15 of Schedule 1 to the Civil Aviation Act 19821 and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals under section 10 of the Tribunals and Inquiries Act 19712, hereby makes the following Regulations:
PART IGENERAL
Citation and commencementI11
These Regulations may be cited as the Civil Aviation Authority Regulations 1991 and shall come into force on 1st September 1991.
RevocationI22
The Regulations specified in the Schedule hereto are hereby revoked.
InterpretationI33
1
In these Regulations unless the context otherwise requires—
“the Act” means the Civil Aviation Act 1982;
“the Authority” means the Civil Aviation Authority;
“decision date” and “transcript date” have the meanings respectively assigned to them in regulation 26(8);
“environmental application” and “environmental proposal” have the meanings respectively assigned to them in regulation 19(1);
“hearing” or “preliminary hearing” means a hearing or preliminary hearing at which oral evidence or argument may be heard and “to hear” shall be construed accordingly;
F44“operating licence” means an operating licence granted by the CAA under Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community;
“ordinary aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which does not include a public use condition;
“party” in relation to a case before the Authority means for the purposes of Part II of these Regulations, a person having the right to be heard pursuant to regulation 13(1) and, for the purposes of Part III of these Regulations, a person having the right to be heard pursuant to regulation 25(1);
“party” in relation to an appeal to the Secretary of State means any of the persons specified in regulation 27(3)(c) and (d);
“the person concerned” means, in relation to the registration of aircraft, the applicant for registration or the person in whose name the aircraft is registered, as the case may be, and in relation to a certificate, licence, approval, authorisation, validation or rating, the holder or former holder of or applicant for the certificate, licence, approval, authorisation, validation or rating, as the case may be F34and in relation to making air traffic directions or airspace policy directions, the person who has been directed;
“personnel licence” means a licence, authorising a person to act as a member of a flight crew, an aircraft maintenance engineer, an air traffic controller, a student air traffic controller or an aerodrome flight information service officer;
“public use aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which includes a public use condition;
“public use condition” means a condition included in an aerodrome licence granted under an Air Navigation Order that the aerodrome shall at all times when it is available for the take off or landing of aircraft be so available to all persons on equal terms and conditions;
“rating” means a rating on a personnel licence;
“reportable occurrence” has the same meaning as in article 94(2) of the Air Navigation Order 19893;
“statement of policies” means the publication of the Authority referred to in section 69 of the Act;
“statutory duties” means the duties of the Authority set out in sections 4 and 68 of the Act;
“to substitute an ordinary aerodrome licence for a public use aerodrome licence” means to vary a public use aerodrome licence by removing the public use condition and “to substitute a public use aerodrome licence for an ordinary aerodrome licence” means to vary an ordinary aerodrome licence by adding a public use condition.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
3
Any period of time specified in these Regulations by reference to days, working days or months—
a
where such period is expressed to begin after a particular date, shall begin on the first day after that date, and shall be inclusive of the last day unless that day falls on a Saturday, Sunday, Christmas Day, Good Friday or any other day appointed by law to be a bank holiday in any part of the United Kingdom, in which case the period shall run to the immediately following working day; and
b
where such period is expressed to run to or expire before a particular date or event, the period shall be calculated to expire on the last working day before the particular date or the date of that event.
4
In computing any period of time specified in these Regulations by reference to hours or working days the whole of any Saturday, Sunday, Christmas Day, Good Friday or bank holiday shall be disregarded, and for that purpose any day which is appointed by law to be a bank holiday in any part of the United Kingdom shall be treated as a bank holdiday.
5
For the purposes of Part III of these Regulations, a need to allocate scarce bilateral capacity arises when the Authority has been notified by the Secretary of State that in his opinion by virtue of any provision made by or under the terms of an air services agreement or other international agreement or arrangement, the United Kingdom’s share of the capacity on air transport services between the United Kingdom and another State which may be provided by British airlines within the meaning given by section 4(1) of the Act, (whether capacity is expressed in terms of the number of passenger seats or the amount of cargo carrying space which may be offered for sale by such operators, or otherwise) will, within 6 months of the date of notification, be insufficient to enable all persons holding air transport licences F19or route licences authorising them to operate such air transport services to make available all the capacity which they plan to provide.
Service of documentsI44
1
F35Subject to regulation 31A(5)(d) anything required to be served on any person under these Regulations or under section 66(4) or 84(1) of the Act shall be set out in a notice in writing which may be served either:
a
by delivering it to that person;
b
by leaving it at his proper address;
c
by sending it by post to that address; or
d
by sending it to him at that address by telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received;
and where the person is a body corporate the document may be served upon the secretary of that body.
2
For the purposes of this regulation the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.
Publication by the AuthorityI55
F36Subject to regulation 31A(5)(b) any notice or other matter (not being a schedule of terms referred to in regulation 18) required by these Regulations, or by section 11(2), 64(3), 65(1) or (6) or 85(1) of the Act, to be published shall be published by the Authority in its Official Record.
PART IIFUNCTIONS CONFERRED ON THE AUTHORITY BY OR UNDER AIR NAVIGATION ORDERS
Regulation of the conduct of the AuthorityI66
1
The functions conferred on the Authority by or under Air Navigation Orders F45or other retained EU law regarding aviation safety with respect to:
a
registration of aircraft;
b
certification of operators of aircraft;
c
certification of airworthiness of aircraft;
d
noise certification;
e
certification of compliance with the requirements for the emission by aircraft engines of unburned hydrocarbons;
f
ersonnel licensing;
g
licensing of aerodromes;
h
validation of any certificate or licence;
i
pproval of equipment and approval or authorisation of persons;
j
pproval of schemes for the regulation of the flight times of aircraft crew;
k
receiving reports of reportable occurrences;
F29l
making air traffic directions;
m
making airspace policy directions;
are hereby prescribed for the purposes of section 7(2) of the Act.
2
Subject to paragraphs (8) and (9) of this regulation, a decision with respect to any of the matters referred to in paragraph (1) of this regulation, being a decision to register, refuse to register, cancel or amend the registration of an aircraft or to grant, refuse to grant, validate, refuse to validate, revoke, suspend, vary or refuse to vary a certificate, licence, approval, authorisation or rating F30or make an air traffic direction or an airspace policy direction, may be made on behalf of the Authority only by a member or employee of the Authority.
3
Subject to paragraphs (8), (9) and (10) of this regulation, where—
a
it is decided that it would be inexpedient in the public interest for an aircraft to be registered in the United Kingdom; or
b
an application for the grant, validation or variation of a certificate, licence, approval, authorisation or rating has been refused or granted in terms other than those requested by the applicant;
the Authority shall serve on the applicant a notice stating the reasons for the decision, and the applicant may within 14 days after the date of service of that notice request that the case be reviewed by the Authority.
4
Subject to paragraphs (8), (9) and (10) of this regulation, where is is proposed to—
a
cancel the registration of an aircraft on the grounds that it would be inexpedient in the public interest for it to continue to be registered in the United Kingdom; or
b
revoke, suspend or vary a certificate, licence, approval, authorisation, validation or rating F31or make an air traffic direction or an airspace policy direction under an Air Navigation Order otherwise than on the application of the holder;
the authority shall serve on the person concerned notice of the proposal together with the reasons for it, and the person concerned may within 14 days after the date of service of that notice, serve on the Authority a request that the case be decided by the Authority and not by any other person on its behalf.
5
Any person who has failed any test or examination which he is required to pass before he is granted or may exercise the privileges of a personnel licence may within 14 days after being notified of his failure request that the Authority determine whether the test or examination was properly conducted.
6
a
the function of deciding a case where such a request as is referred to in paragraph (3), (4) or (5) of this regulation has been duly served on the Authority is hereby prescribed for the purposes of section 7(1) of the Act: and for the purpose of making any decision in such a case a quorum of the Authority shall be one member.
b
The Authority shall sit with such technical assessors to advise it as the Authority may appoint, but the Authority shall not appoint as an assessor any person who participated in the decision or proposal or in giving or assessing the test or examination which is to be the subject of the Authority’s decision.
F287
Where a request under paragraph (4), (5) or (6) has been duly served, the Authority shall, before making a decision:
a
consider any representations which may have been served on it by the person concerned within 21 days after the date of service of the notice under that paragraph given by the Authority; and
b
where the person concerned has requested the opportunity to make oral representations in his representations under sub-paragraph (a) above, afford him an opportunity to make such representations and consider them.
7A
a
Where an oral hearing is held it shall be held in public except where the Authority is satisfied that, in the interests of morals, public order, national security, juveniles or the protection of the private lives of the parties a private hearing is required, or where it considers that publicity would prejudice the interests of justice.
F41b
Any person which the Authority, with the consent of the parties, permits to attend the hearing is entitled to do so, whether or not the hearing is in private.
8
Nothing in this regulation shall—
a
prevent the Authority or any person authorised so to act on behalf of the Authority from provisionally cancelling the registration of an aircraft or provisionally suspending or varying any certificate, licence, approval, authorisation, validation or rating granted or having effect under an Air Navigation Order F46or under other retained EU law regarding aviation safetyF32or making a provisional air traffic direction, pending inquiry into or consideration of the case;
b
apply to the variation of a flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness;
c
apply where the Authority refuses to register or cancels or amends the registration of an aircraft or refuses to grant or validate, grants or validates in terms other than those requested by the applicant, revokes, suspends or varies a certificate, licence, approval, authorisation or rating pursuant to a direction given by the Secretary of State.
9
Nothing in paragraphs (2), (3) or (4) of this regulation shall apply—
a
in respect of a medical certificate or certificate of test or experience relating to a personnel licence;
b
where pursuant to its duty under section 5 of the Act, the Authority refuses an application for the grant of an aerodrome licence or grants such an application in terms other than those requested by the applicant or proposes to revoke, suspend or vary an aerodrome licence otherwise than on the application of the holder.
10
Nothing in paragraphs (3) or (4) of this regulation shall apply where the Authority—
a
refuses an application by the holder of an aerodrome licence for the substitution of an ordinary aerodrome licence for a public use aerodrome licence; or
b
proposes, otherwise than on the application of the licence holder, to substitute a public use aerodrome licence for an ordinary aerodrome licence.
Reasons for decisionsI77
Where the Authority makes a decision pursuant to regulation 6(6) it shall be the duty of the Authority to serve a statement of its reasons for the decision on the person concerned.
Inspection of aircraft registerI88
The Authority shall, at all reasonable times and upon payment to it of any applicable charge under section 11 of the Act for inspecting the register, make the register of aircraft available for inspection by any person.
Dissemination of reports of reportable occurrencesI99
The Authority shall make available, upon payment to it of any applicable charge under section 11 of the Act, reports of reportable occurrences or a summary of such reports, to any person who is:
a
the operator or member of the flight crew of any aircraft;
b
engaged in the design, manufacture, repair, maintenance or overhaul of aircraft, or of parts or equipment therefor;
F37bb
the provider of an air traffic control service;
c
the aeronautical authority of a country other than the United Kingdom, or the representative in the United Kingdom of such an authority;
d
engaged in writing about civil aviation for publication in any newspaper, periodical, book or pamphlet;
e
engaged in preparing a programme about civil aviation for television or radio;
f
engaged in the study of civil aviation for any academic purpose; or
g
any other person whose functions include the furthering of the safety of civil aviation:
Provided that the Authority shall not be required to make available any report or summary thereof to any person if it is satisfied that to do so will not further the safety of civil aviation.
Substitution of a public use aerodrome licence for an ordinary aerodrome licence or of an ordinary aerodrome licence for a public use aerodrome licence
I1010
1
The Authority shall refuse to consider an application for the substitution of an ordinary aerodrome licence for a public use aerodrome licence unless:
a
the application is made by the holder of the licence;
b
it contains a statement of the grounds on which the application is made; and
c
the application is accompanied by any applicable charge under section 11 of the Act.
2
The Authority shall refuse to consider an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence unless—
a
it is made by—
i
the holder of the licence;
ii
any other holder of an aerodrome licence granted under an Air Navigation Order;
iii
the holder of any air operator’s certificate granted under an Air Navigation Order;
iv
the holder of any air transport licence granted under the ActF15or of any operating licence; or
v
the operator of any aircraft who satisfies the Authority that an aircraft operated by him has, during the 12 months immediately preceding the date on which the application is made, been granted or refused permission to land at or take off from the aerodrome to which the licence relates;
b
it contains a statement of the grounds on which the application is made;
c
the application is accompanied by any applicable charge under section 11 of the Act; and
d
if made by someone other than the holder of the ordinary aerodrome licence, a copy of the application has been served on the holder within 24 hours after it has been served on the Authority.
3
The Authority shall as soon as may be after an application has been served upon it in accordance with this regulation publish such particulars of the application as it thinks necessary for indicating the substance of the application and shall make a copy of the application available at its principal office for inspection by any person at any reasonable time:
Provided that nothing herein shall require the Authority to publish an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence which is made by the holder of the licence.
4
If the Authority proposes to substitute a public use aerodrome licence for an ordinary aerodrome licence it shall serve on the holder of that licence particulars of the proposal and of the reasons for it and shall publish those particulars and reasons.
I1111
Any person may serve on the Authority an objection to or representation about an application or proposal published pursuant to regulation 10 if—
a
he does so within 21 days after the date of publication;
b
he serves a copy of his objection or representation on the applicant and on the holder of the aerodrome licence to which the application or proposal relates within 24 hours after it has been served on the Authority; and
c
he states the grounds of his objection or representation.
I1212
Before the date fixed for the hearing of a case pursuant to regulation 13, the Authority shall serve on any person who has the right to be heard in connection with the case or whom the Authority proposes to hear a copy of, or a summary of, any information in the possession of the Authority which has been provided in connection with the case or which the Authority has reason to believe will be referred to at the hearing of the case:
Provided that before serving such information which has been provided by any other person (not being a person who has provided information in connection with the case but does not wish to be heard), the Authority shall consult that person and shall not serve any information which in its opinion relates to the commercial or financial affairs of the person who has provided it and cannot be disclosed to the prospective recipient without disadvantage to the person who has provided it which, by comparison with the advantage to the public and the prospective recipient of disclosure to him, is unwarranted.
I1313
1
Before any decision is made on an application or proposal published pursuant to regulation 10 the following persons shall have a right to be heard:
a
the applicant;
b
the holder of any air transport licence F20or operating licence;
c
the holder of any air operator’s certificate granted under an Air Navigation Order;
d
the holder of any aerodrome licence granted under an Air Navigation Order;
e
such persons (being persons who wish to be heard and who have served objections or representations pursuant to regulation 11 expressing the views of operators of aircraft described in regulation 10(2)(a)(v)) as appear to the Authority to be representative of those who have served such objections or representations:
Provided that no person (other than the applicant and the holder of the licence to which the decision will relate) shall have a right to be heard unless he has served an objection or representation pursuant to regulation 11 and in so doing has stated that he wishes to be heard.
2
Notwithstanding that a person does not have a right to be heard, the Authority may, if it thinks fit, hear him:
Provided that no person shall be heard pursuant to this paragraph unless he has served an objection or representation pursuant to regulation 11.
3
No hearing shall be held pursuant to this regulation unless the Authority has served on all persons having a right to be heard and whom it proposes to hear in connection with the case not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the application or proposal to which it relates: a similar notice shall be published not less than 7 days before the date of the hearing, and shall be exhibited in a public place in the Authority’s principal office during the 7 days immediately preceding the date of the hearing.
I1414
1
The function of making a decision on an application or proposal published pursuant to regulation 10 is hereby prescribed for the purposes of section 7(1) of the Act, and for the purposes of making such a decision and of conducting a hearing pursuant to regulation 13 a quorum of the Authority shall be two members:
Provided that the quorum shall be one member, if the persons having the right to be heard in connection with the case have so consented.
2
Hearings shall be conducted by the Authority, sitting with such employees of the Authority acting as advisers as it thinks fit.
3
At a hearing every party to the case may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine any other party to the case, any person whom the Authority hears pursuant to regulation 13(2) and any witnesses produced by any such party or person: the Authority may, to such extent as it thinks fit, permit any person heard by it pursuant to regulation 13(2) to exercise at the hearing the rights set out in this paragraph of a party to the case.
4
Any person who has served an objection or representation pursuant to regulation 11 but who does not wish to be heard, may make a written submission which he shall serve on the Authority not less than 3 working days before the date fixed for the hearing of the case.
5
Every hearing shall be held in public unless the Authority shall otherwise decide in relation to the whole or part of a particular case F42....
6
The failure of the Authority or of any person to give notice or publish any particulars in the time or manner provided for in these Regulations or any other procedural irregularity shall not invalidate the action taken by the Authority; and the Authority may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by the giving of notice or otherwise.
7
All the proceedings at a hearing of the Authority in connection with the case shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the Authority shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price:
Provided that—
a
the Authority shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision of the case; and
b
a mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any party to the case or by any other person heard by the Authority at those proceedings.
8
The Authority shall furnish a statement of its reasons for the decision to the parties to the case and to any person whom it has heard in connection with the case:
Provided that no statement of reasons need be furnished when an application is granted on the application of the holder of the licence to which the decision relates and no objections or representations have been served pursuant to regulation 11.
9
The Authority may exclude from its statement of reasons furnished to any person (hereinafter referred to as “the relevant person” any matter if it considers it necessary to do so for the purpose of withholding from the relevant person information which in the opinion of the Authority relates to the commercial or financial affairs of another person and cannot be disclosed to the relevant person without disadvantage to the other person which, by comparison with the advantage to the public and the relevant person of disclosure to him, is unwarranted.
10
The Authority may publish in such manner as it thinks fit particulars of, and its reasons for, any decision taken by it with respect to an application published pursuant to regulation 10.
PART IIIAIR TRANSPORT LICENSING
Regulation of the conduct of the AuthorityI1515
1
The function of making a decision to—
a
grant, revoke, suspend or vary other than provisionally an air transport licence F3or a route licence in a case where an objection has been served pursuant to regulation 20;
b
grant or vary other than provisionally a licence in terms other than those requested by the applicant;
c
refuse to grant a licence;
d
hold or refuse to hold a preliminary hearing; F5...
e
provisionally vary a licence where representations have been served pursuant to regulation 24(2);
F4f
revoke or suspend an operating licence otherwise than at the request of the holder; or
g
refuse to grant an operating licence.
is hereby prescribed for the purposes of section 7(1) of the Act.
2
For the purposes of making any such decision as is referred to in paragraph (1)(a) to (c) F6(f) and (g) of this regulation and of conducting a hearing pursuant to regulation 26(1) a quorum of the Authority shall be two members unless—
a
the Authority has dispensed with publication of the application or proposal in accordance with the proviso to regulation 16(3) or to regulation 17(2);
b
the decision is to suspend the licence in accordance with regulation 17(3);
c
the Authority has, in accordance with regulation 20(1), specified less than 21 days for serving an objection to or representation about the application or proposal;
d
the Authority has, in accordance with the proviso to regulation 25(3) given the persons having a right to be heard and whom it proposes to hear in connection with the case less than 14 days' notice of the date of the hearing; or
e
the persons having the right to be heard in connection with the case have consented to a quorum of the Authority being one member;
in which case the quorum shall be one member.
3
For the purposes of making such a decision as is referred to in paragraph (1)(d) or (e) of this regulation and of conducting a preliminary hearing pursuant to regulation 24 a quorum of the Authority shall be one member.
4
Any other decision to grant, revoke, suspend or vary an air transport licence F7or a route licence and any other decision to grant, revoke or suspend an operating licence may be made on behalf of the Authority only by a member or employee of the Authority.
5
The functions conferred upon the Authority by sections 64 to 67 of the Act are hereby prescribed for the purposes of section 7(2) thereof.
Application for the grant, revocation, suspension or variation of licencesI1616
1
The Authority may refuse to consider an application for the grant, revocation, suspension or variation of an air transport licence F21or a route licence unless—
a
subject to regulation 24, in the case of an application for the grant of a licence it has been served on the Authority not less than 6 months before the beginning of the period for which the licence is proposed to be in effect, and in any other case it has been served on the Authority not less than 6 months before the date on which it is proposed that the revocation, suspension or variation shall take effect;
b
in the case of an application for the grant of a licence, the application contains all the particulars specified by the Authority in accordance with section 65(1) of the Act; and
c
the application is accompanied by any applicable charge under section 11 of the Act.
2
The Authority shall refuse to consider an application for the revocation, suspension or variation of an air transport licence F21or a route licence made by a person other than the holder of the licence unless a copy of the application has been served on the holder within 24 hours after it has been served on the Authority.
3
The Authority shall as soon as may be after an application for the grant, revocation, suspension or variation of an air transport licence has been served upon it in accordance with this regulation publish such particulars of the application as it thinks necessary for indicating the substance of the application, and shall make a copy of the application available at its principal office for inspection by any person at any reasonable time:
Provided that, except in the case of an environmental application—
i
the Authority may dispense with publication in any case where it is satisfied that for reasons of urgency it is desirable to do so and it is of the opinion that to do so is unlikely to prejudice the interests of any persons of a description specified in regulation 25(1);
ii
the Authority may dispense with publication in the case of an application—
a
for the grant of a licence for not more than four flights in any one direction between the same two places;
b
made by its holder for the revocation or suspension of a licence;
c
for the variation of a licence if in its opinion to do so is unlikely to prejudice the interests of any persons of a description specified in regulation 25(1).
4
If within 12 months after the date on which objections to and representations about an application for the grant, variation, suspension or revocation of an air transport licence must have been served on the Authority pursuant to regulation 20, the Authority has neither made a decision on the application nor given notice pursuant to regulation 25(3) of the date, time and place of the hearing of such application, it shall as soon as may be republish such particulars of the application as it thinks necessary for indicating the substance of the application and shall republish such particulars at 12 monthly intervals thereafter until such time as a decision has been made on the application or notice has been given as aforesaid pursuant to regulation 25(3).
5
The Authority may direct that an application shall be treated as being such number of separate applications as it may specify in the direction, and the application shall be treated accordingly.
6
Any person of a description specified in regulation 25(1)(b) to (d) may apply to the Authority for the variation, suspension or revocation of an air transport licence F21or a route licence but, except as provided in regulation 18(3), no person may apply for the variation of such a schedule of terms as is mentioned in regulation 18.
Revocation, suspension or variation of licences without application being madeI1717
1
Subject to paragraph (3) of this regulation, if the Authority proposes to revoke, suspend, or vary an air transport licence (other than in pursuance of an application made to it in that regard) on the ground that it is not or is no longer satisfied as to the matters specified in paragraph (a) or (b) of section 66(3) of the Act, it shall—
a
serve on the holder of the licence not less than 21 days' notice of its intention to publish particulars of the proposal together with the reasons for its proposal;
b
consider any representations which may be made to it by the holder of the licence before the expiration of the said notice; and
c
as soon as may be after the expiration of the said notice or at such earlier time as the Authority and the holder of the licence may agree, publish particulars of the proposal unless it has abandoned the proposal:
Provided that the Authority may—
i
with the consent of the holder of the licence dispense with publication of its proposal to revoke or suspend the licence;
ii
dispense with publication of its proposal to vary the licence if it is satisfied that the variation is unlikely to prejudice the interests of any person of a description specified in regulation 25(1).
2
Subject to paragraph (3) of this regulation, if the Authority proposes to revoke, suspend or vary an air transport licence on grounds other than those referred to in paragraph (1) of this regulation and otherwise than in pursuance of an application made to it in that regard F9or proposes to revoke, suspend or vary a route licence otherwise than in pursuance of an application made to it in that regard, it shall publish particulars of the proposal and of the reasons for it, unless—
a
the Secretary of State has directed the Authority to revoke, suspend or vary the licence as proposed or the proposal is made pursuant to a direction made by the Secretary of State under regulation 29(1) to re-hear the case;
b
the Authority’s duty under section 31(2) of the Airports Act 19864 (being a duty so to perform its air transport licensing functions as to secure that any traffic distribution rules in force under section 31 of the said Act are complied with) requires it to revoke, suspend or vary the licence as proposed;
c
except in the case of an environmental proposal, the Authority is satisfied that to dispense with publication is unlikely to prejudice the interests of any person of a description specified in regulation 25(1) and the holder of the licence consents to the proposal not being published.
3
The Authority may F10suspend an air transport licence notwithstanding that it has not complied with the requirements of paragraph (1) or (2) of this regulation if it has served on the holder of the licence not less than 6 working days' notice of its proposal to suspend the licence, together with its reasons for the proposal, and if, after considering any representations which may be made to it by the holder of the licence before the expiration of such notice it is not, or is no longer, satisfied as mentioned in section 66(3)(a) or (b) of the Act.
4
Before reaching a decision that it has reason to believe that the holder of an air transport licence F8or a route licence is neither a United Kingdom national nor such a body as is mentioned in section 65(3)(b) of the Act, the Authority shall:
a
serve on the holder of the licence not less than 21 days' notice of its intention to consider the matter; and
b
consider any representations which may be made to it by the holder of the licence before the expiration of the said period.
Variation of schedules of termsI1818
1
If the Authority establishes any schedule of terms and includes in any air transport licence F22or a route licence a term that the holder of the licence shall comply with terms set out in that schedule as varied from time to time by the Authority, the Authority may at any time propose to vary that schedule or any part thereof, and any such proposal shall for the purposes of these Regulations be treated as a proposal for the variation of every air transport licence F22or a route licence which contains such a term as aforesaid relating to that schedule or that part of that schedule, as the case may be.
2
When any air transport licence F22or a route licence contains such a term as aforesaid relating to a schedule, the Authority shall publish that schedule and any variation to it in its Official Record or otherwise.
3
An application for the variation of the schedule of terms set out in a document published by the Authority and entitled the United Kingdom Cabotage Air Passenger Tariff may be made by the holder of any air transport licence F22or a route licence which includes a term requiring the holder of the licence to comply with that schedule of terms as varied from time to time by the Authority, and any such application shall for the purposes of these Regulations be treated as an application for the variation of every air transport licence F22or a route licence which contains such a term as aforesaid.
4
The Authority shall maintain a list of the names and addresses of all persons who hold a licence which includes such a term as is referred to in paragraph (3) of this regulation and shall serve copies of that list on any person who so demands.
Environmental casesI1919
1
For the purposes of this part of these Regulations, “environmental application” and “environmental proposal” mean respectively an application and a proposal for the grant or variation of an air transport licence, being a licence which authorises, or which if granted would authorise, the holder to operate—
a
a helicopter at a height of less that 3000 feet above the surface for the greater part of the distance which it flies over land; or
b
any aircraft in circumstances which, in the opinion of the Authority, will or may cause an exceptional amount of noise, vibration, pollution or other disturbance;
but do not include—
i
any such application or proposal which is not, in the opinion of the Authority, an application or proposal relating to a licence to operate a regular and frequent service; or
ii
any such proposal made by the Authority to vary a licence on the ground that it is not or is no longer satisfied as to the matters specified in paragraph (a) or (b) of section 66(3) of the Act.
2
If the Authority receives an environmental application or makes an environmental proposal it shall designate the case as an environmental case and publish notice of the designation.
Objections and representationsI2020
1
Any person may serve on the Authority an objection to or representation about an application or proposal for the grant, revocation, suspension or variation (other than the provisional variation) of an air transport licence F23or a route licence if he does so:
a
where an application or proposal is published within such period (being, subject to paragraph (2) of this regulation, not more than 21 days nor less than 7 days) as the Authority may specify when publishing the application or proposal;
b
where the application or proposal is not published, but he has been notified by the Authority that the application or proposal has been made and will not be published, within 3 working days after being so notified:
Provided that nothing herein shall—
i
permit the Authority to specify a period of less than 21 days for the service of objections or representations unless it is satisfied that for reasons of urgency it is desirable to do so;
ii
permit the Authority to specify a period of less than 21 days for the service of objections or representations in a case where it has made a proposal pursuant to regulation 17, unless it has proposed to—
a
revoke, suspend or vary an air transport licence F23or a route licence in accordance with a direction given by the Secretary of State;
b
vary an air transport licence F23or a route licence for the sole reason that there is a need to allocate scarce bilateral capacity.
2
If the Authority receives an environmental application or makes an environmental proposal it shall specify 42 days from the date of publication of the notice of designation pursuant to regulation 19 as the period for service of objections or representations on grounds of noise, vibration, pollution or other disturbance.
3
Where the person making the objection or representation is the holder of an air transport licence F23or a route licence he shall, within 24 hours after it has been served on the Authority, serve a copy of it on:
a
the applicant;
b
any other person who is the holder of the licence to which the application or proposal relates; and
c
any person whom the Authority is obliged by regulation 21 to consult in respect of the application or proposal;
and where the person making the objection or representation is not the holder of an air transport licence F23or a route licence, the Authority shall within 7 days after the day on which the objection or representation has been served on the Authority serve a copy of it on the said persons, indicating whether the person making the objection or representation wishes to be heard pursuant to regulation 25.
4
Upon being served as aforesaid, the applicant shall, if so required in writing by the person making the objection or representation, serve him with a copy of the application within 3 working days after being required so to do.
5
References in this regulation to publication include references to republication pursuant to regulation 16(4), but when an application is republished, nothing in this regulation shall require a person who has served an objection to or representation about the application when it was previously published to re-serve that objection or representation.
Consultation by the AuthorityI2121
The Authority shall not grant, refuse to grant, revoke, suspend or vary any air transport licence F11or a route licence authorising flights to, from or within—
F27a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Isle of Man, without consulting the Isle of Man Department of Highways, Ports and Properties; or
c
Gibraltar, without consulting the Secretary of State;
and subject to regulation 26(5) such consultations shall be completed before the date fixed for the hearing of the case pursuant to regulation 25:
Provided that consultation as aforesaid shall not be required in a case where—
i
the application or licence in question is for not more than four flights in any one direction between the same two places;
ii
the Authority is acting in pursuance of its duty under section 65(2) or (3) or 66(3) of the Act; F13...
iii
the Authority’s duty under section 31(2) of the Airports Act 1986 requires it to refuse to grant or to revoke, suspend or vary the licence; F14or
F12iv
the Authority is acting in pursuance of its duty under section 69A(4) of the Act.
Furnishing of information by the AuthorityI2222
Before the date fixed for the hearing of a case pursuant to regulation 25, the Authority shall serve on any person who has the right to be heard in connection with the case or whom the Authority proposes to hear or is required to consult pursuant to regulation 21 a copy of, or a summary of, any information in the possession of the Authority which has been provided in connection with the case or which the Authority has reason to believe will be referred to at the hearing of the case:
Provided that—
i
the Authority shall not serve any such information which has been provided by the Secretary of State if the Secretary of State has certified to the Authority that it would not be in the public interest for it to be disclosed;
ii
before serving such information which has been provided by any other person (not being a person who has provided information in connection with the case but does not wish to be heard) the Authority shall consult that person and shall not serve any information which in its opinion relates to the commercial or financial affairs of the person who has provided it and cannot be disclosed to the prospective recipient without disadvantage to the person who has provided it which, by comparison with the advantage to the public and the prospective recipient of its disclosure to him, is unwarranted.
Preliminary MeetingsI2323
1
Before the date fixed for the hearing of a case pursuant to regulation 25, the Authority may hold a preliminary meeting to discuss the conduct of the case.
2
The Authority shall give to every party to the case and to every person whom the Authority proposes to hear in connection with the case and to any person consulted by the Authority pursuant to regulation 21 who has responded in writing notice of the date, time and place of the preliminary meeting and any such person may attend in person or be represented by any person whom he may have authorised to represent him.
3
Preliminary meetings shall be conducted on behalf of the Authority only by a member or employee of the Authority.
Preliminary hearings of allegations of behaviour damaging to a competitorI2424
1
This regulation applies where the holder of any air transport licence F24or a route licence (hereinafter in this regulation referred to as “the applicant”—
a
has applied to the Authority for the variation of an air transport licence F24or a route licence held by another person (hereinafter in this regulation referred to as “the respondent” for the purpose of restraining the respondent from engaging in behaviour damaging to the applicant’s business;
b
has included in his application a statement giving particulars of the behaviour complained of and of the extent to which the applicant’s business is being or is likely to be damaged thereby;
c
has asked for a preliminary hearing of the application with a view to the respondent’s air transport licence F24or a route licence being provisionally varied pending a hearing pursuant to regulation 25; and
d
has served a copy of his application on the respondent on the same day as he has served it on the Authority.
2
The respondent shall, within 5 working days after the date of service of the application, serve on the Authority and on the applicant any representations he may wish the Authority to take into account in determining whether to hold a preliminary hearing.
3
The Authority shall within 10 working days after the date of service of the application notify the applicant, the respondent and any person it is obliged by regulation 21 to consult in respect of the application of the date (which shall be within 20 working days after the date of service of the application), time and place of the preliminary hearing or of the fact that it has decided not to hold a preliminary hearing.
4
Notice of the date, time and place of a preliminary hearing shall be of such length as is reasonably practicable and shall be given by such means (whether oral or written) as the Authority thinks fit.
5
The Authority shall hold a preliminary hearing only if, having considered the terms of the application and of any representations served on it pursuant to paragraph (2) of this regulation, it is of the opinion that—
a
there is prima facie evidence that the behaviour complained of by the applicant is being engaged in by the respondent and that behaviour has or is likely to have the effect of seriously damaging the business of the applicant; and
b
having regard to its statutory duties, its statement of policies and to the urgency of the matter such a hearing is warranted.
6
The applicant and the respondent shall have a right to be heard at a preliminary hearing and the Authority may hear such other persons as it thinks fit.
7
Regulations 21, 22 and 26(1), (4), (6) and (7) shall apply in relation to a preliminary hearing as they apply in relation to a hearing pursuant to regulation 25.
8
At a preliminary hearing the applicant and the respondent shall have the same rights as a party to a case in a hearing pursuant to regulation 25 and the Authority may, to such extent as it thinks fit, permit any other person whom it decides to hear to exercise the same rights.
9
Where any person whom the Authority is obliged by regulation 21 to consult in respect of the application attends the preliminary hearing the Authority shall give him opportunity at the preliminary hearing to make observations on the evidence and arguments advanced by the applicant and the respondent and by any other person whom the Authority has decided to hear: and where any such observations are made the Authority shall give the applicant, the respondent and any other person it has decided to hear opportunity at the preliminary hearing to respond to them.
10
Within 5 working days after the end of the preliminary hearing the Authority shall notify the applicant and the respondent and any person it is obliged by regulation 21 to consult in respect of the application—
a
whether or not it has decided provisionally to vary the respondent’s licence;
b
if so, the terms of the provisional variation; and
c
the date, time and place of the hearing to be held pursuant to regulation 25;
and shall furnish its reasons for the decision, as required by section 67(2) of the Act within 10 working days after the end of the preliminary hearing.
11
The only decision which may be taken by the Authority after a preliminary hearing is a decision provisionally to vary or to refuse provisionally to vary the respondent’s air transport licence F24or a route licence: and if the Authority provisionally varies the respondent’s licence it shall in so doing provide that the provisional variation will cease to have effect when the decision reached by the Authority following a hearing pursuant to regulation 25 takes effect.
Hearings in connection with licencesI2525
1
Before any decision to grant, refuse to grant, revoke, suspend or vary (other than provisionally) an air transport licence F16or a route licence is made, the following persons shall have a right to be heard:
a
the applicant;
c
the holder of any air operator’s certificate granted under an Air Navigation Order F47or under other retained EU law regarding aviation safety;
d
the holder of any aerodrome licence granted under an Air Navigation Order;
e
such persons (being persons who wish to be heard and who have served objections or representations pursuant to regulation 20 expressing the views of passengers or shippers of cargo) as appear to the Authority to be representative of those who have served such objections or representations;
f
here the Authority has designated the case as an environmental case pursuant to regulation 19, such persons (being persons who wish to be heard and who have served objections or representations on grounds of noise, vibration, pollution or other disturbance pursuant to regulation 20(2)) as appear to it to be representative of those who have served such objections or representations:
Provided that—
i
no person (other than the applicant and the holder of the licence to which the decision will relate) shall have a right to be heard unless he has served an objection or representation pursuant to regulation 20 and (unless he is a person of a description specified in subparagraph (e) or (f) of this regulation) in so doing has stated that he wishes to be heard;
ii
no person shall be heard before a decision is made by the Authority in a case where the Secretary of State has directed that the licence be granted, refused, revoked, suspended or varied or where the Authority’s duty under section 31(2) of the Airports Act 1986 F18or under section 69A(4) of the Act requires that the licence be refused, revoked, suspended or varied.
2
Notwithstanding that a person does not have the right to be heard, the Authority may, if it thinks fit, hear him:
Provided that no person shall be heard pursuant to this paragraph—
i
unless he has served an objection or a representation pursuant to regulation 20;
ii
in a case where such a direction as is referred to in proviso (ii) to paragraph (1) of this regulation has been given.
3
No hearing shall be held pursuant to this regulation unless the Authority has served on all persons having a right to be heard and whom it proposes to hear in connection with the case and on any person who has been consulted by the Authority pursuant to regulation 21 and who has responded in writing not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the application or proposal to which it relates: a similar notice shall be published not less than 7 days before the date of the hearing, and shall be exhibited in a public place in the Authority’s principal office during the 7 days immediately preceding the date of the hearing:
Provided that in cases where the Authority is satisfied that for reasons of urgency it is desirable to do so, a hearing may be held without such notice having been served, published and exhibited as aforesaid if the Authority has given notice of the date, time and place of the hearing, being notice of such length and by such means (whether oral or written) as it thinks fit, to the applicant and any person of a description specified in paragraph (1) of this regulation whose interests are in the opinion of the Authority likely to be prejudiced by the granting of the application and to any person consulted by the Authority pursuant to regulation 21.
4
Two or more cases may be heard together, if the Authority thinks fit, but a party to one case shall not on that account be deemed to be a party to any other case.
Procedure at hearingsI2626
1
Hearings shall be conducted by the Authority, sitting with such employees of the Authority acting as advisers as it thinks fit.
2
At a hearing every party to a case may appear in person or be represented by any other person whom he may have authorised to represent him, and may produce oral and written evidence and may examine any other party to that case, any person whom the Authority hears pursuant to regulation 25(2) and any witnesses produced by any such party or person: the Authority may, to such extent as it thinks fit, permit any person heard by it pursuant to regulation 25(2) to exercise at the hearing the rights set out in this paragraph of a party to the case.
3
Any person who has served an objection or representation pursuant to regulation 20 but who does not wish to be heard, may make a written submission which he shall serve on the Authority not less than 3 working days before the date fixed for the hearing of the case.
4
Every hearing shall be held in public unless the Authority shall otherwise decide in relation to the whole or part of a particular case F43....
5
Where any person consulted by the Authority pursuant to regulation 21 has responded in writing and that person or a person acting on behalf of that person attends the hearing the Authority shall give him opportunity at the hearing to make observations on the evidence and arguments advanced by the parties to the case and by any persons heard by the Authority pursuant to regulation 25(2), and where any such observations are made the Authority shall give the parties to the case, and any person heard pursuant to regulation 25(2), opportunity at the hearing to respond to them.
6
The failure of the Authority or of any person to give notice or publish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the action taken by the Authority; and the Authority may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by the giving of notice or otherwise.
7
All the proceedings at a hearing of the Authority in connection with a case shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the Authority shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price:
Provided that—
a
the Authority shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its decision of the case; and
b
a mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any party to the case or by any other person heard by the Authority at those proceedings.
8
When the Authority provides to a person having a right of appeal pursuant to regulation 27(1)—
a
notification in writing of its decision of the case, the notification shall specify a date, being not less than 3 working days after the date on which a copy of the notification was available for collection by or despatch to that person (which date is hereinafter referred to as “the decision date”;
b
a mechanical recording or transcript of the record of proceedings in the case pursuant to a request made by that person within 7 days after the decision date, the recording or transcript shall be accompanied by a statement specifying a date, being not less than 3 working days after the date on which the recording or transcript was available for collection by or despatch to that person (which date is hereinafter referred to as “the transcript date”;
and the Authority shall as soon as may be thereafter publish the decision date and the transcript date.
Appeals to the Secretary of StateI2727
1
Every party to a case before the Authority (not being a person having a right to be heard by virtue only of regulation 25(1)(e) or (f)) shall have a right of appeal to the Secretary of State in accordance with the provisions of this regulation from the Authority’s decision with respect to an air transport licence F38... or an application for a licence.
2
An appeal to the Secretary of State shall be made by a notice signed by or on behalf of the appellant and clearly identifying the case to which it relates and stating the grounds on which the appeal is based and the arguments on which the appellant relies.
3
The appellant shall serve the notice of appeal on:
a
the Secretary of State;
b
the Authority;
c
each of the parties to the case before the Authority;
d
each person whom, pursuant to regulation 25(2), the Authority had decided to exercise its discretion to hear in connection with the case, whether that person was heard or not; and
e
any person consulted by the Authority, pursuant to regulation 21, in connection with the case.
4
Subject to paragraph (9) of this regulation, the notice of appeal shall be served within 21 days after the decision date or, if the appellant has made such a request as is referred to in regulation 26(8) and has within 24 hours after making his request to the Authority served notice on each of the persons referred to in paragraph (3)(a), (c), (d) and (e) of this regulation that he has done so, not later than 21 days from the transcript date.
5
Any person having the right to appeal against a decision of the Authority may require it to furnish him with the names and addresses of the persons of the description specified in paragraph (3)(c), (d) or (e) of this regulation.
6
Subject to paragraph (9) of this regulation, any party to the appeal (other than the appellant) and any person who has been served with notice of the appeal pursuant to paragraph 3(e) of this regulation may within 14 days after service thereof serve on the Secretary of State a submission giving reasons why the Authority’s decision should or should not be upheld and shall within such period serve copies of any such submission on the Authority, the appellant and the persons who have been served with notice of the appeal pursuant to paragraph (3)(c), (d) and (e) of this regulation.
7
Subject to paragraph (9) of this regulation, within 28 days after receiving notice of an appeal, the Authority shall serve on the Secretary of State any submission it may wish to make in connection with the appeal, including, if it thinks fit, an amplification and explanation of the reasons for its decision, and shall, within such period, serve copies of any such submission on the appellant and on the persons who have been served with notice of the appeal pursuant to paragraph (3)(c), (d) and (e) of this regulation.
8
Subject to paragraph (9) of this regulation, within 14 days after the expiry of the period of 28 days referred to in the preceding paragraph of this regulation, the appellant may serve on the Secretary of State a reply to any submission made pursuant to paragraph (6) or (7) of this regulation and shall within such period serve copies of any such reply on the Authority and on the persons who have been served with notice of the appeal pursuant to paragraph (3)(c), (d) and (e) of this regulation.
9
Where a case has come before the Authority solely because of a need to allocate scarce bilateral capacity, the references in paragraph (4) to 21 days shall be taken as references to 5 working days, the reference in paragraph (6) to 14 days shall be taken as a reference to 5 working days, the reference in paragraph (7) to 28 days shall be taken as a reference to 8 working days and in paragraph (8) for the words “within 14 days after the expiry of the period of 28 days” there shall be substituted “within 4 working days after the expiry of the period of 8 working days”.
10
Before deciding an appeal the Secretary of State may—
a
ask the appellant, any other person who has made a submission pursuant to the preceding paragraphs of this regulation, or the Authority, to amplify or explain any point made by them or to answer any other question, the answer to which appears to the Secretary of State necessary to enable him to determine the appeal, and the Secretary of State shall as the case may be give the appellant, the other parties to the appeal and the Authority an opportunity of replying to such amplification, explanation or answer;
b
obtain from the Authority any information which is in the possession of the Authority but which, pursuant to paragraph (ii) of the proviso to regulation 22 the Authority did not furnish to any person having the right to be heard by the Authority in connection with the case: the Secretary of State shall give the Authority and the person who provided the information to the Authority an opportunity of making written submissions in connection with any information so obtained: a copy of any submission of the Authority made pursuant to this subparagraph shall be served only on the person who provided the information to the Authority and a copy of any submission of that person or body made pursuant to this subparagraph shall be served only on the Authority.
11
In the appeal proceedings no person may submit to the Secretary of State evidence which was not before the Authority when it decided the case.
Appeal from decisions after preliminary hearings of allegations of behaviour damaging to a competitorI2828
1
Regulation 27 shall apply in relation to appeals from decisions of the Authority after preliminary hearings of allegations of behaviour damaging to a competitor as it applies in relation to any other case but with the modifications herein set out.
2
Those modifications are—
a
in paragraph (1) the reference to every party shall be taken as a reference to the applicant and the respondent;
b
in paragraph (3) the reference in subparagraph (c) to each of the parties shall be taken as a reference to the applicant or respondent, as the case may be, and the reference in subparagraph (d) to regulation 25(2) shall be taken as a reference to regulation 24(6);
c
in paragraph (4) the first reference to 21 days shall be taken as a reference to 5 working days and the reference to the decision date shall be taken as a reference to the date upon which the Authority furnished reasons for its decision; and all the subsequent words in that paragraph (which relate to a request for a transcript and a time from the transcript date) shall be deleted;
d
in paragraph (6) the reference to 14 days shall be taken as a reference to 5 working days;
e
in paragraph (7) the reference to 28 days shall be taken as a reference to 8 working days;
f
n paragraph (8) for “within 14 days after the expiry of the period of 28 days” there shall be substituted “within 4 working days after the expiry of the period of 8 working days”.
Decisions on appealsI2929
1
The Secretary of State may if he thinks fit uphold the decision of the Authority or direct it to re-hear the case which is the subject of the appeal or to reverse or vary its decision.
2
The Secretary of State shall notify the Authority, the appellant and the persons who have been served with the notice of appeal pursuant to regulation 27(3) of his decision and of the reasons for it and the Authority shall publish the Secretary of State’s notification.
3
Where the Secretary of State directs the Authority to re-hear a case he shall at the same time notify the Authority and persons referred to in paragraph (2) of this regulation whether the Authority’s decision is to have effect pending the further decision of the Authority.
4
a
Subject to paragraph (5) of this regulation, in determining an appeal the Secretary of State may, if he thinks fit, order the appellant to pay to any other party thereto either a specified sum in respect of the costs incurred by him in connection with the appeal, or the taxed amount of those costs or any part thereof;
b
any costs required by an order under the foregoing subparagraph to be taxed may be taxed in the county court on such scale as may be directed by the order;
c
any sum payable by virtue of an order under subparagraph (a) of this paragraph shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court;
d
the powers of the county court under the foregoing provisions of this paragraph may be exercised by the District Judge, or in Northern Ireland by the clerk of the Crown and Peace.
5
a
In determining an appeal where the appellant resides or has his registered or principal office in Scotland the Secretary of State may, if he thinks fit, order the appellant to pay to any other party thereto either a specified sum in respect of the expenses incurred by him in connection with the appeal, or the taxed amount of those expenses or any part thereof;
b
any expenses required by an order under the foregoing subparagraph to be taxed may be taxed by the Auditor of the Court of Session on such a scale as may be directed by the order;
c
any award of expenses by the Secretary of State under the foregoing provisions of this paragraph may be enforced in like manner as a recorded decree arbitral.
6
An appeal to the Secretary of State shall not preclude him from consulting the competent authorities of any country or territory outside the United Kingdom for the purposes of section 6(2)(a) to (d) of the Act (which relates to national security, relations with other countries and territories and similar matters) notwithstanding that the consultation may relate to matters affecting the appeal.
7
The failure of any person (other than the appellant in serving notice of appeal on the Secretary of State within the time prescribed in regulation 27(4)) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the decision of the Secretary of State; and the Secretary of State may, and shall if he considers that any person may have been prejudiced, take such steps as he thinks fit before deciding the appeal to cure the irregularity.
Transfer of licencesI3030
1
Subject to the provisions of this regulation—
a
if the sole holder of an air transport licence F2or a route licence (being an individual) shall die, the licence shall be treated from the time of his death as if it had then been granted to his legal personal representative;
b
if in connection with the reconstruction of any body coroporate or the amalgamation of any bodies corporate the whole of the business of the holder of a licence (being a body corporate), or such part thereof as includes the provision of carriage by air for reward of passengers or cargo, is transferred or sold to another body corporate, the licence shall be treated, from the date of the transfer or sale of the whole or the relevant part of the business, as if it had been granted to that other body corporate.
2
The person required by paragraph (1) of this regulation to be treated as the holder of the licence may apply to the Authority—
a
if he is the legal personal representative of an individual licence holder who has died, for the transfer of the licence to any person entitled to a beneficial interest in the deceased’s estate (including himself in his personal capacity if he is in that capacity entitled to such an interest); and
b
in any other case, for the substitution of his own name in the licence for the name of the person by whom the licence was held.
3
The application shall state the grounds on which it is based and shall be served on the Authority within 21 days after the date on which the applicant first became entitled to make it; and if no application as aforesaid is made within that period the licence shall cease at the expiration of that period to be treated as if granted to a person other than the person to whom it was granted.
4
The application shall, for the purposes of these Regulations be treated as if it were an application for the variation of the licence, and the provisions of regulations 27 and 29 as to appeals shall apply accordingly.
5
The Authority shall not grant an application for the transfer of a licence to, or the substitution of the name of, any person if —
F1a
in the case of an air transport licence it would be bound under section 65(2) of the Act, and
b
in the case of an air transport licence or a route licence it would be bound under section 65(3) or 69A(4) of the Act,
to refuse that application if it were an application for the grant of a licence to that person.
6
For the purposes of this regulation “legal personal representative” means a person constituted executor, administrator or other representative of a deceased person by probate, administration or other instrument.
Surrender of licencesI3131
If revocation or variation of an air transport licence F25or a route licence has taken effect F26or if a route licence ceases to be in force by virtue of section 69A(5) of the Act, the Authority may require any person who has the licence in his possession or control to surrender it for cancellation or variation, as the case may be and any person who fails, without reasonable cause, to comply with any such requirement, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. F26Nothing in this regulation shall apply to a route licence which is rendered ineffective during a period of suspension of an operating licence by virtue of section 69A(5) of the Act.
F33PART IIIAREFERENCES IN RESPECT OF AN AIR TRAFFIC SERVICES LICENCE
Determination by the Authority31A
1
Where, pursuant to a condition of an air traffic services licence, any matter or question may be referred for determination by one or more Members of the Authority pursuant to these Regulations and such a matter or question is referred, it shall be determined in accordance with the provisions of this Part of these Regulations.
2
The function of the Authority under section 7(5) of the Transport Act 2000 with respect to the modification of a licence, to the extent it gives rise to a matter or question referred for determination by one or more members of the Authority, is hereby prescribed for the purpose of section 7(2) of the Act.
3
For the purpose of making any determination in such a case a quorum of the Authority shall be two Members.
4
The Authority shall sit with such technical assessors to advise it as the Authority may appoint, but the Authority shall not appoint as an assessor any person who participated in the development of any notice or counter-notice in relation to the matter or question to be determined.
5
For the purposes of this Part of these Regulations:
a
“an air traffic services licence” means a licence granted pursuant to section 6 of the Transport Act 2000;
b
where the Authority is required to publish any information it may do so electronically or otherwise;
c
where the Authority is required to make any information available at its principal office for inspection it may do so electronically or otherwise;
d
anything which is required to be served on the Authority may be served electronically by sending it to an e-mail address which it has published for the purpose or in accordance with regulation 4.
Representations31B
1
The Authority shall within one calendar month after a reference has been made serve notice of the reference on the licence holder and publish such particulars of the reference as it thinks necessary for indicating the substance of the reference, and shall make a copy of the reference available at its principal office for inspection by any person at any reasonable time.
2
The licence holder or any other person may serve on the Authority a representation about a reference if he does so within 21 days of, in the case of the licence holder the date of service of notice or, in the case of any other person, publication of the reference by the Authority.
3
The Authority shall make a copy of any representation which has been served on the Authority available at its principal office for inspection by any person at any reasonable time and shall serve a copy of any representations received from persons other than the licence holder on the licence holder.
Hearings in connection with licences31C
1
Where a matter or question referred to in regulation 31A(1) has been referred the Authority shall, before making a determination:
a
consider any representations which may have been served on it by the licence holder or any other person within the time permitted by regulation 31B(2);
b
consider any written submissions served pursuant to regulation 31D(3); and
c
conduct a hearing in accordance with regulation 31D and consider any representations made and evidence submitted at such a hearing.
2
The following persons shall have a right to be heard at the hearing held pursuant to paragraph (1)(c):
a
the licence holder; and
b
such persons (being persons who wish to be heard and who have served representations within the time permitted by regulation 31B(2)) as appear to the Authority to be users of services provided by the licence holder or to be representative of such persons.
3
Notwithstanding that a person does not have the right to be heard, the Authority may, if it thinks fit, hear him.
4
No hearing shall be held pursuant to this regulation unless the Authority has served on the licence holder and any other person whom it proposes to hear in connection with the case not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the reference to which it relates: a similar notice shall be published not less than 7 days before the date of the hearing, and shall be exhibited in a public place in the Authority’s principal office during the 7 days immediately preceding the date of the hearing.
Procedure at hearings31D
1
Hearings shall be conducted by the Authority.
2
At a hearing any person entitled to be heard may appear in person or be represented by any other person whom he may have authorised to represent him, and may produce oral and written evidence and may examine any other person whom the Authority hears pursuant to regulation 31C and any witnesses produced by any such person.
3
Any person who has served a representation within the time permitted by regulation 31B(2) but who does not wish to be heard, may make a written submission which he shall serve on the Authority not less than 3 working days before the date fixed for the hearing of the case.
F404
Where an oral hearing is held it shall be held in public unless, having regard to the subject matter of the hearing and any representations from the licence holder the Authority directs that the hearing or any part of the hearing shall take place in private.
F39b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The failure of the Authority or of any person to give notice or publish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the action taken by the Authority; and the Authority may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its determination to cure the irregularity, whether by the giving of notice or otherwise.
6
a
Subject to sub-paragraph (b) all the proceedings at a hearing of the Authority in connection with a case shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the Authority shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.
b
i
the Authority shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its determination of the case.
ii
A mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any person heard by the Authority at those proceedings.
Determination by Authority and Appeal to the Secretary of State31E
1
Where the Authority makes a determination pursuant to this Part of these Regulations the Authority shall serve a notice of its determination and a statement of its reasons for the determination on the licence holder.
2
a
Where the relevant condition of an air traffic services licence provides in respect of a matter or question that the decision of the Authority shall be definitive there shall be no appeal to the Secretary of State.
b
Where the relevant condition of an air traffic services licence provides in respect of a matter or question that the licence holder may appeal to the Secretary of State, he may do so in accordance with this regulation.
3
a
An appeal to the Secretary of State shall be made by a notice signed by or on behalf of the licence holder and clearly identifying the matter or question to which it relates and stating the grounds on which the appeal is based and the arguments on which the licence holder relies.
b
The licence holder shall serve the notice on the Secretary of State and a copy on the Authority within 14 days of receipt by the licence holder of the notice of determination and statement of reasons pursuant to paragraph (1).
4
The Authority shall within one calendar month after receiving notice of appeal publish such particulars of the appeal as it thinks necessary to indicate the substance of the appeal.
5
Within 14 days after receiving notice of an appeal, the Authority shall serve on the Secretary of State any submission it may wish to make in connection with the appeal including, if it thinks fit, an amplification and explanation of the reasons for its determination, and shall, within such period, serve a copy of any such submission on the licence holder.
6
Within 14 days after publication of the notice of the appeal by the Authority any person who appeared at the hearing before the Authority may serve on the Secretary of State a submission giving reasons why the Authority’s determination should or should not be upheld and shall within such period serve copies of any such submission on the Authority and the licence holder.
7
Within 14 days after receipt of any submission made pursuant to the preceding two paragraphs the licence holder may serve on the Secretary of State a reply and shall within such period serve a copy of any such reply on the Authority.
8
Before deciding an appeal the Secretary of State may ask the licence holder, the Authority or any other person who appeared at the hearing held by the Authority to amplify or explain any point made by them or to answer any other question, the answer to which appears to the Secretary of State necessary to enable him to determine the appeal, and the Secretary of State shall as the case may be give the licence holder, the Authority and any other person who appeared at the hearing held by the Authority an opportunity of replying to such amplification, explanation or answer.
9
a
Where any person is obliged to serve on the Authority any notice, representation, submission or other material pursuant to this regulation the Authority shall as soon as may be after receipt thereof make a copy available at its principal office for inspection by any person at any reasonable time.
b
The Authority shall also make a copy of any representation, submission or other material which it is obliged to serve on the licence holder or the Secretary of State pursuant to this regulation available at its principal office for inspection by any person at any reasonable time.
10
In the appeal proceedings none of the Authority, the licence holder or any other person may submit to the Secretary of State evidence which was not before the Authority when it decided the case.
Decision by Secretary of State on appeal31F
1
The Secretary of State may if he thinks fit uphold the determination of the Authority in whole or in part or reverse or vary the whole or any part of its determination.
2
The Secretary of State shall notify the Authority and the licence holder of his decision and of the reasons for it and the Authority shall publish the Secretary of State’s notification.
3
The failure of any person (other than the licence holder in serving notice of appeal on the Secretary of State within the time prescribed in regulation 31E(3)(b)) to serve any notice, representation, submission or reply, or copies thereof or to furnish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the decision of the Secretary of State; and the Secretary of State may, and shall if he considers that any person may have been prejudiced, take such steps as he thinks fit before deciding the appeal to cure the irregularity.
PART IVOTHER FUNCTIONS OF THE AUTHORITY
Participation in civil proceedingsI3232
1
The function of the Authority of being a party to civil proceedings is hereby prescribed for the purposes of section 7(2) of the Act.
2
In any civil proceedings to which the Authority is or becomes a party, the Authority shall disclose to the Court and any other party to the proceedings information in its possession which, apart from section 23(1) of the Act, it would have been under a duty to disclose for the purpose of those proceedings.
Signed by Authority of the Secretary of State for Transport
I33SCHEDULEREVOCATION
(1) | (2) |
|---|---|
Regulations revoked | References |
The Civil Aviation Authority Regulations 1983 | |
The Civil Aviation Authority (Amendment) Regulations 1987 | |
The Civil Aviation Authority (Amendment) Regulations 1989 | |
The Civil Aviation Authority (Amendment) Regulations 1990 |
The following Table shows, in relation to each regulation of the Civil Aviation Authority Regulations 1983, as amended, the regulations of the 1991 Regulations in which it is reproduced.
983 Regulations as amended | 1991 Regulations |
|---|---|
1 | 1 |
2 | 2 |
3 | 3 |
4 | 4 |
5 | 5 |
6 | 6 |
7 | 7 |
8 | 8 |
9 | 9 |
9A | 10 |
9B | 11 |
9C | 12 |
9D | 13 |
9E | 14 |
10 | 15 |
11 | 16 |
12 | 17 |
13 | 18 |
14 | 19 |
15 | 20 |
16 | 21 |
17 | 22 |
18 | 23 |
18A | 24 |
19 | 25 |
20 | 26 |
21 | 27 |
21A | 28 |
22 | 29 |
23 | 30 |
24 | 31 |
25 | 32 |
(This note is not part of the Regulations)
Pt. 3A inserted (31.7.2001) by The Civil Aviation Authority (Amendment) Regulations 2001 (S.I. 2001/2448), regs. 1, 2(10)