Transport Act 2000 (c. 38)

Part I U.K. Air traffic

Chapter I U.K. Air traffic services

Modification of licences U.K.

[F1 11 Modification of a licence U.K.

(1) The CAA may modify a licence by modifying the licence conditions.

(2) Subsection (1) is subject to section 11B.

(3) The Secretary of State may modify a licence—

(a) by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined;

(b) by modifying a prescribed term.

(4) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Textual Amendments

F1 Ss. 11-11B substituted for s. 11 (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(1), 21(3)-(7); S.I. 2021/748, reg. 2(a)

11A Modification of licence: procedure U.K.

(1) Before modifying a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the proposed modification;

(b) send a copy of the notice to the persons listed in subsection (2);

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any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

(2) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;

(d) any bodies representing users of air transport services that the modifying authority considers appropriate;

(e) where the modifying authority is the CAA, the Secretary of State;

(f) where the modifying authority is the Secretary of State, the CAA.

(3) The notice under subsection (1) must—

(a) state that the modifying authority proposes to modify the licence;

(b) specify the proposed modification;

(c) give the modifying authority's reasons for the proposed modification;

(d) state the effect of the proposed modification;

(e) specify a reasonable period for making representations.

(4) If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

(a) publish a notice, giving its reasons;

(b) send a copy of the notice to the persons listed in subsection (2).

(5) If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the modification;

(b) send a copy of the notice to the persons listed in subsection (2).

(6) The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

(7) The notice under subsection (5) must—

(a) specify the modification;

(b) specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);

(c) give the modifying authority'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 (1);

(f) state the reasons for any differences between the modification and that set out in the notice under subsection (1).

(8) The date specified under subsection (7)(b)—

(a) in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);

(b) otherwise, must fall after the end of the period of 28 days beginning with that day.

(9) In this section “modifying authority”—

(a) in relation to a modification of a licence condition, means the CAA;

(b) in relation to any other modification, means the Secretary of State.

Textual Amendments

F1 Ss. 11-11B substituted for s. 11 (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(1), 21(3)-(7); S.I. 2021/748, reg. 2(a)

11B Restrictions on power to modify licence conditions U.K.

(1) The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

(2) The CAA must—

(a) publish a direction given to it under subsection (1);

(b) send a copy of the direction to the persons listed in subsection (3).

(3) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(d) any bodies representing users of air transport services that the CAA considers appropriate.]

Textual Amendments

F1 Ss. 11-11B substituted for s. 11 (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(1), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 12 References to Competition and Markets Authority. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 12A References under section 12: time limits U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 12B References under section 12: application of Enterprise Act 2002 U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 13 Reports on references. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 14 Modification following report. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 15 CMA's power to give direction. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 16 Position where CMA gives direction. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 17 CMA's duty as to modifications under section 16. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

F2 18 Sections 15 and 16: general. U.K.

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Textual Amendments

F2 Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)

19 Modification by order under other enactments. U.K.

[F3 (1) Where the [F4 CMA] or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the [F5 licence conditions] to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2) In subsection (1) above “relevant order” means—

(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—

(i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or

(ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or

(b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market [F6 or markets] in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services.]

(5) As soon as practicable after making modifications under this section the [F7 relevant authority] must send a copy of them to the licence holder and a copy to the CAA.

[F8 (6) Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.]

(7) The [F9 2002 Act is the Enterprise Act 2002].

Textual Amendments

F3 S. 19(1)(2) substituted for s. 19(1)-(4) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(2); S.I. 2003/1397, art. 2(1), Sch.

F4 Word in s. 19(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 95; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in s. 19(1) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 3; S.I. 2021/748, reg. 2(j)

F6 Words in s. 19(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 152 (with art. 3)

F7 Words in s. 19(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(3); S.I. 2003/1397, art. 2(1), Sch.

F8 S. 19(6) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(4); S.I. 2003/1397, art. 2(1), Sch.

F9 Words in s. 19(7) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(5); S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 19(2)(a) modified (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 17

Commencement Information

I1 S. 19 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)