PART 10Prohibited behaviour, directives, rules, powers and penalties
CHAPTER 4Powers and penalties
Appeal to County Court or Sheriff Court267
1
Subject to paragraphs (3), (4) and (5), an appeal lies to a county court from any decision of the CAA that a person is not a fit person to hold a licence to act as—
a
an aircraft maintenance engineer;
b
a member of the flight crew of an aircraft;
c
an air traffic controller;
d
a student air traffic controller; or
e
a flight information service officer.
2
If the court is satisfied that, on the evidence submitted to the CAA, it was wrong in deciding that a person is not a fit person to hold a licence, the court may reverse the CAA's decision and the CAA must give effect to the court's determination.
3
An appeal does not lie from a decision of the CAA that a person is not qualified to hold the licence by reason of a deficiency in that person's knowledge, experience, competence, skill, physical or mental fitness.
4
If the appellant resides or has its registered or principal office in Scotland, the appeal lies to the sheriff within whose jurisdiction the appellant resides and the appeal is by way of summary application.
5
Notwithstanding any provision to the contrary in rules governing appeals to the county court in Northern Ireland, if the appellant resides or has its registered or principal office in Northern Ireland the appeal lies to a county court held under the County Courts (Northern Ireland) Order 1980.
6
The CAA is a respondent to any appeal under this article.
7
For the purposes of any provision relating to the time within which an appeal may be brought, the CAA's decision is deemed to have been taken on the date on which the CAA supplied a statement of its reasons for the decision to the applicant for the licence or the holder or former holder of it.
8
In the case of an appeal to the sheriff—
a
the sheriff may, if the sheriff thinks fit, and on the application of any party, appoint one or more persons of skill and experience in the matter to which the proceedings relate to act as assessor;
b
where it is proposed to appoint any person as an assessor, an objection to the proposed assessor, either personally or concerning the proposed assessor's qualification, may be stated by any party to the appeal and must be considered and disposed of by the sheriff.
9
The assessors for each sheriffdom must be appointed from a list of persons approved for the purposes by the sheriff principal and—
a
such a list must be published in such manner as the sheriff principal directs;
b
such a list will be in force for three years only, but persons entered in any such list may be again approved in any subsequent list; and
c
it is lawful for the sheriff principal to defer the preparation of such a list until application has been made to appoint an assessor in an appeal in one of the courts in their sheriffdom.
10
The sheriff before whom an appeal is heard with the assistance of an assessor must make a note of any question submitted by the sheriff to such assessor and of the answer to that question.
11
An appeal lies on a point of law from any decision of a sheriff under this article to the Court of Session.