23Restriction on power to modifyU.K.
(1)This section applies where—
(a)a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements specified or described in the licence,
(b)the financial arrangements were entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, and
(c)the CAA proposes to modify the licence by removing or restricting the exception.
(2)The CAA may not make such a modification unless it has determined that—
(a)there has been a material change of circumstances since the day on which the exception was included in the licence condition, and
(b)for users of air transport services, the benefits of the modification are likely to outweigh any adverse effects.
(3)On or before the day on which it publishes a notice under section 22(2) in respect of a proposal to make such a modification, the CAA must—
(a)publish a notice of its determination under subsection (2) of this section, giving its reasons for the determination, and
(b)send a copy of the notice to the persons listed in subsection (4).
(4)Those persons are—
(a)the holder of the licence, and
(b)such bodies representing airport operators or providers of transport services as the CAA considers appropriate.
(5)For the purposes of subsection (1)(b), financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.
(6)In subsection (2) “material change of circumstances” includes a material change in the terms of the financial arrangements.
Commencement Information
I1S. 23 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)