Transport Act 2000

[F1 19A Appeal to Competition and Markets Authority U.K.

(1) An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).

(2) An appeal may be brought under this section only by—

(a) the licence holder,

(b) an owner or operator of an aircraft whose interests are materially affected by the decision, or

(c) an owner or manager of a prescribed aerodrome whose interests are materially affected by the decision.

(3) “Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.

(4) An appeal may be brought under this section only with the permission of the CMA.

(5) An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.

(6) The CMA may refuse permission to appeal under this section only on one of the following grounds—

(a) that the appeal is brought for reasons that are trivial or vexatious;

(b) that the appeal does not have a reasonable prospect of success;

(c) that subsection (7) is satisfied.

(7) This subsection is satisfied if the appeal is brought—

(a) against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and

(b) on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.

(8) In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.]

Textual Amendments

F1 Ss. 19A-19F and cross-heading inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 3; S.I. 2021/748, reg. 2(f)