PART 1Airports

CHAPTER 1Regulation of operators of dominant airports

Modifying licences

I122Modifying licence conditions and licence area

1

The CAA may modify a licence by modifying—

a

the licence conditions, or

b

the area for which the licence is granted,

subject to section 23.

2

Before modifying a licence in reliance on this section, the CAA must—

a

publish a notice in relation to the proposed modification,

b

send a copy of the notice to the persons listed in subsection (3), and

c

consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

3

Those persons are—

a

the holder of the licence, and

b

such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

4

The notice under subsection (2) must—

a

state that the CAA proposes to modify the licence,

b

specify the proposed modification,

c

give the CAA's reasons for the proposed modification,

d

state the effect of the proposed modification, and

e

specify a reasonable period for making representations.

5

If, after publishing the notice under subsection (2), the CAA decides not to modify the licence in reliance on this section, the CAA must—

a

publish a notice, giving its reasons, and

b

send a copy of the notice to the persons listed in subsection (3).

6

If, after complying with subsections (2) to (4) in relation to a modification, the CAA decides to modify the licence in reliance on this section, the CAA must—

a

publish a notice in relation to the modification, and

b

send a copy of the notice to the persons listed in subsection (3).

7

The CAA is not to be treated as having complied with subsections (2) to (4) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (2).

8

The notice under subsection (6) must—

a

specify the modification,

b

specify the date from which the modification has effect (subject to paragraphs 7, 8 and 12 to 14 of Schedule 2),

c

give the CAA's reasons for the modification,

d

state the effect of the modification,

e

state how it has taken account of any representations made in the period specified in the notice under subsection (2), and

f

state the reason for any differences between the modifications and those set out in the notice given under subsection (2).

9

In the case of a modification of a licence condition, the date specified under subsection (8)(b) must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (6) was published (subject to paragraph 21(2) of Schedule 2).