PART 1Operating licences
Existing operating licences4
A licence granted by the CAA under Council Regulation (EC) 2407/92 of 23rd July 1992 on licensing of air carriers M1 shall, in relation to times on or after 26th January 2009, be deemed for all purposes (including for the purposes of any enactment) to be an operating licence granted by the CAA under the EC Regulation.
Competent licensing authority in relation to operating licences5
F11
The CAA is the competent licensing authority for the United Kingdom for the purposes of Articles 3 to 11 F3and 14 of the EC Regulation.
F22
The CAA must publish annually in its Official Record a list of its decisions to grant, suspend or revoke operating licences.
Proof of good repute etc.6
For the purpose of ensuring that an applicant for or holder of an operating licence granted by the CAA complies with Article 4(i) and 7 of the EC Regulation, the CAA may require proof that the person who continuously and effectively manages that undertaking–
a
is not an undischarged bankrupt, and
b
is otherwise of good repute.
Suspension and revocation7
1
The CAA may revoke or suspend an operating licence that it has granted.
2
The CAA may exercise its powers under paragraph (1) only after notifying the licence holder of its intention to do so and after due consideration of the case and any representations made by the licence holder.
Date of revocation or suspension of an operating licence8
F41
Where the CAA revokes or suspends an operating licence that it has granted on the application of the holder, unless otherwise specified by the CAA the revocation or suspension has effect on and from the day after the date on which the holder is notified of the decision.
2
In all other cases a revocation or suspension does not take effect before the expiry of the 14-day period specified in paragraph 3 of Schedule 2.
3
If an appeal in accordance with regulation 9(1) is brought within the 14-day period specified in paragraph 3 of Schedule 2, the revocation or suspension does not take effect before the determination or abandonment of the appeal.
Appeal to the Secretary of State9
1
Where the CAA–
a
refuses to grant an operating licence, or
b
decides to revoke or suspend a licence that it has granted,
the applicant for or the holder of the licence may appeal to the Secretary of State.
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The provisions of Schedule 2 apply to any appeal.
Restriction on carriage of passengers by an air carrier10
1
Where this paragraph applies a F6UK air carrier must not carry by air on a flight a passenger for remuneration or hire.
2
Paragraph (1) applies where a person has made accommodation for carriage on that flight available to that passenger in circumstances where that person is obliged to but does not hold a licence required by the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 M2.
Offences relating to operating licences11
1
It is an offence for a person knowingly or recklessly to carry by air passengers, mail or cargo for remuneration or hire without an appropriate operating licence granted by the CAA in circumstances where such a licence is required by the EC Regulation.
2
For the purposes of determining whether an offence has been committed under paragraph (1), it is immaterial that such carriage occurred outside the United Kingdom if when it occurred the person—
a
was a United Kingdom national,
b
was a body incorporated under the law of any part of the United Kingdom, or
c
was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.
12
A F7UK air carrier is guilty of an offence if it knowingly or recklessly carries by air any passenger in breach of regulation 10.
13
It is an offence for a person knowingly or recklessly to provide information that is false in a material particular, for the purpose of—
a
obtaining an operating licence for that person,
b
procuring an operating licence for another person, or
c
maintaining an operating licence.