PART 2

Air traffic

Licensed air traffic services: modifying the licence and related appeals
9
1
For section 11 of the Transport Act 2000 substitute—

Modification of a licence
11
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.

Modification of licence: procedure
11A
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any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).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.

Restrictions on power to modify licence conditions
11B
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.
2
Omit sections 12 to 18 of that Act.
3
Schedule 3 to this Act makes provision for appeals against modifications of licence conditions.
4
Before Schedule 1 to the Transport Act 2000 insert the Schedule A1 (appeals under section 19A) set out in Schedule 4 to this Act.