The Airports (Groundhandling) Regulations 1997

PART I U.K. APPEALS TO THE CAA

1.  An appeal to the CAA shall be made by a notice in writing, signed by or on behalf of the appellant, which clearly identifies the decision or individual measure to which it relates and states the grounds on which the appeal is based and the arguments on which the appellant relies. U.K.

Commencement Information

I1 Sch. 2 Pt. 1 para. 1 in force at 27.10.1997, see reg. 1(2)

[F1 2.   The appellant shall serve the notice of appeal on– U.K.

(a) the CAA, and

(b) the managing body of the airport concerned, and

(c) in the case of an appeal against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the persons named in the notice published by the CAA pursuant to regulation 12(15) as the persons selected to supply groundhandling services, and

(d) in the case of an appeal against a decision or individual measure taken, pursuant to regulation 16, by the public authority or other body controlling the airport, that authority or body.]

Textual Amendments

F1 Sch. 2 Pt. 1 para. 2 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(a)

3.—(1) Where the appeal is against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the notice of appeal shall be served within a period of 1 month beginning on the date on which the decision was published by the CAA pursuant to regulation 12(15). U.K.

(2) In every other case, the notice of appeal shall be served promptly and in any event within a period of 1 month beginning on the date on which the decision or individual measure concerned was taken.

(3) The CAA may extend the period within which an appeal may be made if it considers that there is good reason for doing so.

Commencement Information

I2 Sch. 2 Pt. 1 para. 3 in force at 27.10.1997, see reg. 1(2)

[F2 4.— (1) Where a notice of appeal is served on the CAA pursuant to paragraph 2(a) above, the CAA shall serve on each of the parties to the appeal a notice requiring each such party within 7 days after receiving the notice from the CAA to inform the CAA whether he requires an oral hearing of the appeal. U.K.

(2) If any person on whom a notice is served by the CAA pursuant to paragraph 4(1) above informs the CAA that he requires an oral hearing, then–

(a) the CAA shall immediately serve on each of the parties to the appeal a notice stating that there will be an oral hearing, and

(b) paragraph 5A below shall not apply.

(3) If no person informs the CAA within the period of 7 days referred to in paragraph 4(1) above that he requires an oral hearing, then the CAA shall serve on each of the parties to the appeal a notice stating that the appeal will be conducted by written representation, in which case paragraph 5A below shall apply.

(4) No oral hearing of an appeal shall be held pursuant to this paragraph unless the CAA has served on each of the parties to the appeal not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the appeal 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 CAA’s principal office during the 7 days immediately preceding the date of the hearing.]

Textual Amendments

F2 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

[F2 5.— (1) Hearings of appeals shall be conducted by the CAA, sitting with such employees of the CAA acting as advisers as it thinks fit. U.K.

(2) At a hearing each of the parties to the appeal 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 appeal and any witnesses produced by any such party.

(3) Every hearing shall be held in public unless the CAA otherwise decides in relation to the whole or part of a particular appeal F3 ....

(4) Subject to sub-paragraphs (5) and (6) below, all the proceedings at a hearing of the CAA in connection with the appeal shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the CAA 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.

(5) The CAA 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 on the appeal.

(6) 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 each of the parties to the appeal.]

Textual Amendments

F2 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

F3 Words in Sch. 2 Pt. 1 para. 5(3) omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 84

[F2 5A.— (1) Where a person receives a notice of appeal pursuant to paragraph 2(b), 2(c) or 2(d) above, that person shall, within 14 days after receiving a notice pursuant to paragraph 4(3) above,– U.K.

(a) serve on the CAA any submission which that person may wish to make in connection with the appeal, and

(b) serve on each of the other parties to the appeal a copy of that submission.

(2) Within 14 days after receiving a copy of the submission referred to in paragraph 5A(1) above, each of the other parties to the appeal–

(a) shall serve on the CAA any reply he may wish to make to any such submission, and

(b) shall serve on all other parties to the appeal a copy of any such reply.]

Textual Amendments

F2 Sch. 2 Pt. 1 paras. 4-5A substituted for Sch. 2 Pt. 1 paras. 4, 5 (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(b)

6.  Before deciding an appeal the CAA may ask [F4 any of the parties to the appeal] to amplify or explain any point made by him or to answer any question, the answer to which appears to the CAA necessary to enable it to determine the appeal, and the CAA shall give [F5 the other parties to the appeal] an opportunity of replying to such amplification, explanation or answer. U.K.

Textual Amendments

F4 Words in Sch. 2 Pt. 1 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(c)(i)

F5 Words in Sch. 2 Pt. 1 para. 6 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(c)(ii)

Commencement Information

I3 Sch. 2 Pt. 1 para. 6 in force at 27.10.1997, see reg. 1(2)

7.—(1) Where the appeal is against a decision made by the managing body of an airport pursuant to regulation 12(7)(a), the CAA may if it thinks fit determine either to dismiss the appeal or to direct that body to vary its decision. U.K.

(2) In every other case, the CAA may determine to—

(a) dismiss the appeal; or

(b) give such direction in relation to the decision or individual measure concerned as it thinks fit.

Commencement Information

I4 Sch. 2 Pt. 1 para. 7 in force at 27.10.1997, see reg. 1(2)

8.  A person to whom a direction is given by the CAA pursuant to paragraph 7(1) or (2)(b) above shall comply with that direction. U.K.

Commencement Information

I5 Sch. 2 Pt. 1 para. 8 in force at 27.10.1997, see reg. 1(2)

[F6 9.   The CAA shall notify each of the parties to the appeal of its determination and the reasons for it.] U.K.

Textual Amendments

F6 Sch. 2 Pt. 1 para. 9 substituted (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(d)

10.  The CAA shall cause particulars of its determination and of the reasons for it to be published in its Official Record. U.K.

Commencement Information

I6 Sch. 2 Pt. 1 para. 10 in force at 27.10.1997, see reg. 1(2)

11.  The failure of any person (other than the appellant in serving notice of appeal on the CAA within the time prescribed in paragraph 3 above) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time provided for in this Part of this Schedule or any other procedural irregularity shall not invalidate the decision of the CAA; but the CAA may take such steps as it thinks fit before deciding the appeal to cure the irregularity and shall take such steps if it considers that any person may have been prejudiced. U.K.

Commencement Information

I7 Sch. 2 Pt. 1 para. 11 in force at 27.10.1997, see reg. 1(2)

[F7 12.   In this Part of this Schedule “parties to the appeal” means– U.K.

(a) the appellant, and

(b) the persons (other than the CAA) on whom a notice of appeal is served in accordance with paragraph 2 above.]

Textual Amendments

F7 Sch. 2 Pt. 1 para. 12 added (31.12.1998) by The Airports (Groundhandling) (Amendment) Regulations 1998 (S.I. 1998/2918), regs. 1, 10(e)