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;

• F19“operating licence” means an operating licence granted by the CAA in accordance with Council Regulation 2407/92 on licensing of air carriers F29(as that Regulation has effect in accordance with F30the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994;

• “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;

• “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.

Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.

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.

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 F20or route licences authorising them to operate such air transport services to make available all the capacity which they plan to provide.

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.

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, may be made on behalf of the Authority only by a member or employee of the Authority.

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.

Where such a request has been duly served the Authority shall, before making a decision, 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 given by the Authority pursuant to paragraphs (3), (4) or (5) of this regulation.

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.

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.

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.

The Authority shall refuse to consider an application for the revocation, suspension or variation of an air transport licence F22or 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.

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:

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).

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.

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 F22or 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.

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.

If the Authority establishes any schedule of terms and includes in any air transport licence F23or 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 F23or 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.

When any air transport licence F23or 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.

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 F23or 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 F23or a route licence which contains such a term as aforesaid.

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.

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.

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.

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.

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.

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.

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.

Preliminary meetings shall be conducted on behalf of the Authority only by a member or employee of the Authority.

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.

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.

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.

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.

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.

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.

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.

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 F25or 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.

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.

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.

Hearings shall be conducted by the Authority, sitting with such employees of the Authority acting as advisers as it thinks fit.

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.

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.

Every hearing shall be held in public unless the Authority shall otherwise decide in relation to the whole or part of a particular case, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.

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.

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.

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:

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 F26or a route licence or an application for a licence.

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.

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.

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.

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.

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.

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.

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”.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.