Civil Aviation Act 2012

Civil Aviation Act 2012

2012 CHAPTER 19

Commentary

Part 1 – Airports

Chapter 1 – Regulation of Operators of Dominant Airports

Appeals against licence conditions etc

Section 26: When appeals may be allowed, Section 27: Determination of appeal, Section 28: Determination of appeal: time limits and Section 29: Determination of appeal: publication etc

116. Section 26 states the circumstances in which the Competition Commission may allow an appeal under section 24 and 25. It may only do so to the extent that it is satisfied that the decision appealed against was based on an error of fact and/or that it was wrong in law and/or that an error was made in the exercise of a discretion. These are thus in practice the grounds on which a party could make an appeal.

117. Section 27 states what the Competition Commission must do if it does or does not allow an appeal under section 24 or 25 or allows only part of the appeal. Where the appeal is allowed (in whole or in part), it may quash the decision, remit the matter to the CAA for reconsideration and decision (in accordance with Chapter 1 and any directions it may give) or substitute its own decision for that of the CAA.

118. Section 28 stipulates the time limits within which the Competition Commission must determine an appeal. All of these are taken from the date on which the notice of the decision to grant the licence or the decision to modify the licence condition was published.

119. The standard time limit for determining an appeal is 24 weeks. This may be extended once by up to 8 weeks if the Competition Commission is satisfied that there is good reason to do so.

120. The Competition Commission may also extend the appeal period, by a period it considers appropriate, if there is an ongoing appeal to the Competition Appeal Tribunal which the Competition Commission thinks may be relevant to the appeal that has been made to it.

121. Subsection (9) of section 28 enables the Secretary of State, by regulations made by statutory instrument subject to annulment by either House of Parliament (see section 73(3)), to modify the time periods specified in section 28.

122. Section 29 states the procedures that the Competition Commission must follow after its determination of an appeal, including procedures for publication of the order which contains the determination. Subsection (6) of section 29 states the CAA must take the steps that it considers requisite for it to comply with the order.