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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

22Modifying licence conditions and licence area
This section has no associated Explanatory Notes

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any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).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

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