The Airports (Groundhandling) Regulations 1997

Regulation 20

SCHEDULE 2

PART I APPEALS TO THE CAA

1.  An appeal to the CAA shall be made by a notice in writing, signed by or on behalf of the appellant, which clearly identifies the decision or individual measure to which it relates and states the grounds on which the appeal is based and the arguments on which the appellant relies.

2.  The appellant shall serve the notice of appeal on:

(a) the CAA;

(b) the managing body of the airport concerned; and

(c) in the case of an appeal against a decision or individual measure taken, pursuant to regulation 16, by the public authority or other body controlling the airport, that authority or body.

3.—(1) Where the appeal is against a decision of the managing body of an airport made pursuant to regulation 12(7)(a), the notice of appeal shall be served within a period of 1 month beginning on the date on which the decision was published by the CAA pursuant to regulation 12(15).

(2) In every other case, the notice of appeal shall be served promptly and in any event within a period of 1 month beginning on the date on which the decision or individual measure concerned was taken.

(3) The CAA may extend the period within which an appeal may be made if it considers that there is good reason for doing so.

4.  A person who receives notice of an appeal pursuant to paragraph 2(b) or (c) above shall, within 14 days after receiving such notice, serve on the CAA and the appellant any submission that he may wish to make in connection with the appeal.

5.  Within 14 days after the expiry of the period of 14 days referred to in paragraph 4 above the appellant may serve on the CAA a reply to any submission made pursuant to paragraph 4 above and shall within such period serve a copy of any such reply on the person who made that submission.

6.  Before deciding an appeal the CAA may ask the appellant or the person who took the decision or individual measure concerned to amplify or explain any point made by him or to answer any question, the answer to which appears to the CAA necessary to enable it to determine the appeal, and the CAA shall give the appellant or, as the case may be, that person an opportunity of replying to such amplification, explanation or answer.

7.—(1) Where the appeal is against a decision made by the managing body of an airport pursuant to regulation 12(7)(a), the CAA may if it thinks fit determine either to dismiss the appeal or to direct that body to vary its decision.

(2) In every other case, the CAA may determine to—

(a) dismiss the appeal; or

(b) give such direction in relation to the decision or individual measure concerned as it thinks fit.

8.  A person to whom a direction is given by the CAA pursuant to paragraph 7(1) or (2)(b) above shall comply with that direction.

9.  The CAA shall notify—

(a) the appellant;

(b) the managing body of the airport; and

(c) in the case of an appeal against a decision or individual measure taken, pursuant to regulation 16, by the public authority or other body controlling the airport, that authority or body

of its determination and of the reasons for it.

10.  The CAA shall cause particulars of its determination and of the reasons for it to be published in its Official Record.

11.  The failure of any person (other than the appellant in serving notice of appeal on the CAA within the time prescribed in paragraph 3 above) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time provided for in this Part of this Schedule or any other procedural irregularity shall not invalidate the decision of the CAA; but the CAA may take such steps as it thinks fit before deciding the appeal to cure the irregularity and shall take such steps if it considers that any person may have been prejudiced.

PART II APPEALS TO THE SECRETARY OF STATE

1.  An appeal to the Secretary of State shall be made by a notice in writing, signed by or on behalf of the appellant, which clearly identifies the determination to which it relates and states the grounds on which the appeal is based and the arguments on which the appellant relies.

2.  The appellant shall serve the notice of appeal on:

(a) the Secretary of State;

(b) the CAA; and

(c) where it is not the appellant, the managing body of the airport concerned.

3.  The notice of appeal shall be served within a period of 1 month beginning on the date on which, pursuant to these Regulations, the CAA publishes in its Official Record particulars of the determination concerned or, in the case of an appeal against a decision made by the CAA pursuant to regulation 12(7)(b), notice of the decision.

4.  On receipt of a notice of appeal served pursuant to paragraph 2 above, the CAA and the managing body of the airport concerned shall, within 14 days after receiving such notice, serve on the Secretary of State, the appellant and each other any submission that they may wish to make in connection with the appeal.

5.  Within 14 days after the expiry of the period of 14 days referred to in paragraph 4 above the appellant may serve on the Secretary of State a reply to any submission made pursuant to paragraph 4 above and shall within such period serve a copy of any such reply on the CAA and, where it is not the appellant, the managing body of the airport.

6.  Before deciding an appeal the Secretary of State may ask the appellant or any person described in paragraph 2 above to amplify or explain any point made by them or to answer any question, the answer to which appears to the Secretary of State necessary to enable him to determine the appeal, and the Secretary of State shall give the appellant or, as the case may be, any such person an opportunity of replying to such amplification, explanation or answer.

7.  In the appeal proceedings no person may submit to the Secretary of State evidence which was not before the CAA when it made the determination.

8.  The Secretary of State may if he thinks fit uphold the determination or direct the CAA to reverse or vary its determination.

9.  The Secretary of State shall notify the appellant, the CAA and, where it is not the appellant, the managing body of the airport concerned of his decision and of the reasons for it.

10.  The CAA shall cause particulars of the Secretary of State’s decision and of the reasons for it to be published in its Official Record.

11.  The failure of any person (other than the appellant in serving notice of appeal on the Secretary of State within the time prescribed in paragraph 3 above) to serve any notice, submission or reply, or copies thereof or to furnish any particulars in the time provided for in this Part of this Schedule or any other procedural irregularity shall not invalidate the decision of the Secretary of State; but the Secretary of State may take such steps as he thinks fit before deciding the appeal to cure the irregularity and shall take such steps if he considers that any person may have been prejudiced.