Civil Aviation Act 2012

Section 49

SCHEDULE 4 Appeals against revocation of licence

Appeals against revocation of licence

1 (1) A person may appeal to the Competition Appeal Tribunal against—

(a) a notice under section 48(1) revoking a licence, and

(b) a further notice under section 48(9) withdrawing a notice revoking a licence,

unless the notice or further notice was given in accordance with a direction given by the Competition Appeal Tribunal under this Schedule.

(2) The appeal may be against one or more of the following—

(a) a decision to give the notice or further notice;

(b) in the case of an appeal under sub-paragraph (1)(a), a decision as to the day on which revocation takes effect.

(3) The making of an appeal under this paragraph against a notice under section 48(1) revoking a licence—

(a) suspends the effect of the notice until the appeal is decided or withdrawn, and

(b) extends the period specified in the notice until the appeal is decided or withdrawn.

(4) The making of an appeal under this paragraph against a further notice under section 48(9) withdrawing a notice revoking a licence—

(a) suspends the effect of the further notice until the appeal is decided or withdrawn, and

(b) extends the period specified in the notice revoking the licence until the appeal is decided or withdrawn.

Notice of appeal

2 (1) An appeal under paragraph 1 must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.

(2) The notice must be received by the Registrar before the end of the period of 30 days beginning with the relevant day.

(3) In the case of an appeal under paragraph 1(1)(a) “the relevant day” means the later of—

(a) the day on which the CAA publishes the notice under section 48(1) revoking the licence, and

(b) the day on which the CAA publishes a notice extending the period on which the notice revoking the licence takes effect.

(4) In the case of an appeal under paragraph 1(1)(b) “the relevant day” means the day on which the CAA publishes the further notice under section 48(9).

(5) Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force—

(a) as to the person to whom a notice of an appeal under paragraph 1 must be given;

(b) providing that such a notice must be received within a longer or shorter period beginning with the relevant day.

Decisions on appeal

3 (1) The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the notice that is the subject of the appeal;

(b) give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.

(4) The CAA must comply with directions under this paragraph.

(5) When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.

Further appeals

4 (1) An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 3, including a direction.

(2) An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the permission of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court” means—

(a) in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or

(b) in the case of an appeal from proceedings in Scotland, the Court of Session.