Enforcement of conditions13
1
Where the CAA has investigated a complaint pursuant to section 48(1) of the Act, it shall notify the complainant and the airport operator concerned (who are hereinafter in this regulation referred to as the parties to the case) of its findings and of the action it proposes to take or, as the case may be, of the fact that it proposes to take no action under section 48 of the Act.
2
If neither party to the case asks to be heard within 21 days of the date of service of the notice given by the CAA pursuant to paragraph (1) of this regulation, the CAA shall take the proposed action or shall take no further action, as the case may be.
3
If within 21 days of the date of service of such notice, either party to the case asks to be heard, the CAA shall serve on both parties 21 days' notice of the date, time and place of the hearing.
4
Before the date fixed for the hearing, the CAA shall serve on both parties to the case a copy of, or a summary of, any information in the possession of the CAA which has been provided in connection with the CAA's investigation of the complaint or in connection with the case or which the CAA has reason to believe will be referred to at the hearing of the case:
Provided that:
i
the CAA shall not serve any such information which has been provided by the Secretary of State if the Secretary of State has certified to the CAA that it would not be in the public interest for it to be disclosed;
ii
before serving such information, the CAA shall consult the person who has provided it and shall not serve any information which in its opinion relates to the commercial or financial affairs of that person and cannot be disclosed to the prospective recipient without disadvantage to the person who has provided it which, by comparison with the advantage to the public and the prospective recipient of its disclosure to him, is unwarranted.
5
Hearings shall be conducted by two members of the CAA (unless the parties to the case agree to the hearing being conducted by one member) sitting with such employees of the CAA as the CAA thinks fit.
6
At a hearing, each party to the case may appear in person or be represented by any other person whom he may have authorised to represent him and may produce oral and written evidence and may examine the other party to the case and any witnesses produced by the other party.
7
Every hearing shall be held in private, but nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
8
All the proceedings at a hearing shall be recorded by a shorthand writer or by some other means, and if either party requests a record of the proceedings within one year from the day the CAA issues its decision of the case, the CAA shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.
9
The member or members of the CAA who have heard the case shall decide whether the airport operator is failing to comply or has failed to comply with any condition in contravention of section 39(1) of the Act, and if so what action to take under section 48 of the Act. A copy of the decision and of the reasons for it shall be served on the parties to the case:
Provided that the CAA may refrain from furnishing a statement of its reasons to any party to the case or may exclude matter from a statement if it considers it necessary to do so for the purpose of withholding from the relevant person information which in the opinion of the CAA relates to the commercial or financial affairs of another person and cannot be disclosed to the relevant person without disadvantage to the other person which, by comparison with the advantage to the public and the relevant person of its disclosure to him, is unwarranted.