The Licensing of Air Carriers Regulations 1999

Procedure on refusal etc of an approval U.K.

3.—(1) A decision to grant, vary, suspend, refuse or revoke an approval may be made on behalf of the CAA only by a member or employee of the CAA.

(2) Subject to paragraph (9), where an application for an approval has been refused or granted in terms other than those requested by the applicant, the CAA 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 CAA.

(3) Subject to paragraphs (8) and (9), where it is proposed to vary, suspend or revoke an approval otherwise than on the application of the holder, the CAA shall serve on the holder notice of the proposal together with the reasons for it and that person may within 14 days after the date of service of that notice serve on the CAA a request that the case be decided by the CAA.

(4) The function of deciding a case where a request has been duly served on the CAA under paragraph (2) or (3) may not be performed on behalf of the CAA by any other person: and for the purpose of making a decision in such a case a quorum of the CAA shall be one member.

(5) Where a request under paragraph (2) or (3) has been duly served, the CAA shall sit with such technical assessors to advise it as the CAA may appoint, but the CAA shall not appoint as an assessor any person who participated in the decision or proposal which is to be the subject of the CAA’s decision.

(6) Where a request under paragraph (2) or (3) has been duly served, the CAA shall, before making a decision:–

(a) consider any representations which have been served on it by the applicant or the holder of the approval, as the case may be, within 21 days after the date of service of the notice by the CAA; and

(b) where the applicant or the holder of the approval, as the case may be, 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.

(7) Where the CAA makes a decision pursuant to paragraph (4), the CAA shall serve a statement of its reasons on the applicant or the holder of the approval, as the case may be.

(8) Paragraph (3) shall not apply where the CAA determines to provisionally suspend or vary an approval pending inquiry into or consideration of the case.

(9) Paragraphs (2) and (3) shall not apply where the CAA refuses to grant an approval or grants an approval in terms other than those requested by the applicant or proposes to vary, suspend or revoke an approval pursuant to a direction given by the Secretary of State under section 6 of the Civil Aviation Act 1982 M1 (Secretary of State’s directions in national interest, etc).

Marginal Citations

M1 1982 c. 16.