xmlns:atom="http://www.w3.org/2005/Atom"

PART 6APPEALS AND TRANSFER OF LICENCE

Appeal to County Court or Sheriff Court

67.—(1) Subject to paragraphs (3) and (4), an appeal lies to a county court from any decision of the CAA that a person is not a fit person to hold an ATOL.

(2) If the court is satisfied that on the evidence submitted to the CAA it was wrong in deciding that a person is not a fit person to hold an ATOL, the court may reverse the CAA’s decision and the CAA must give effect to the court’s determination.

(3) If the appellant resides or has its registered or principal office in Scotland the appeal lies to the sheriff court within whose jurisdiction the appellant resides or has its registered or principal office and the appeal is by way of summary application(1).

(4) If the appellant resides or has its registered or principal office in Northern Ireland the appeal lies to a county court held under the County Courts (Northern Ireland) Order 1980(2).

(5) The CAA will be named by the appellant as respondent to any appeal under this regulation.

(6) For the purposes of any provision relating to the time within which an appeal may be brought, the CAA’s decision is deemed to have been taken on the date on which the CAA supplied a statement of its reasons for the decision to the applicant for an ATOL or the holder or former holder of it.

(1)

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules) 1999 S.I. 1999/929.

(2)

S.I. 1980/397 (N.I. 3), to which there are amendments not relevant to these Regulations.