17.—(1) Save as provided in paragraph (3), where this paragraph applies the CAA must, subject to any conditions it thinks fit, issue an approval to an air carrier that holds an operating licence that it has granted.
(2) Paragraph (1) applies where such an air carrier intends to enter into—
(a)a dry lease agreement as lessor,
(b)a dry lease agreement as lessee in circumstances where the CAA is satisfied that the aircraft may be used safely, or
(c)a wet lease agreement in respect of an aircraft registered in [F1the United Kingdom or] the Community as lessee with a [F2UK air carrier or a] Community air carrier.
[F3(2A) In paragraph (2)(c), “Community air carrier” has the meaning given by Article 2(11) of Regulation (EC) 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, as it has effect in EU law.]
(3) No approval is required under paragraph (1) where the CAA is required to approve the use of an aircraft pursuant to [F4Annex II of Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council].
Textual Amendments
F1Words in reg. 17(2)(c) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 17(2)(c) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 17(2A) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 1 para. 9(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 17(3) substituted (9.1.2019) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(3), Sch. 1 para. 9(c)