Civil Aviation Authority (Amendment) Regulations 1989

JurisdictionUK Non-devolved
CitationSI 1989/1826

1989No. 1826

CIVIL AVIATION

The Civil Aviation Authority (Amendment) Regulations 1989

Made

5thOctober1989

Laid before Parliament

11thOctober1989

Coming into force

1stNovember1989

The Secretary of State for Transport, in exercise of his powers under sections 2(3), 7(1) and (2) and 67(5) of and paragraph 15 of Schedule 1 to the Civil Aviation Act 1982 ( a) and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals under section 10 of the Tribunals and Inquiries Act 1971 ( b) , hereby makes the following Regulations:

1. These Regulations may be cited as the Civil Aviation Authority (Amendment) Regulations 1989 and shall come into force on 1st November 1989.

2. The Civil Aviation Authority Regulations 1983 ( c) , shall be amended as follows:

(1) Regulation 3(1) shall be amended:

(a) by substituting for the definition of "hearing"-

" "hearing" or "preliminary hearing" means a hearing or preliminary hearing at which oral evidence or argument may be heard and "to hear" shall be construed accordingly;" ;

(b) by substituting for the definition of " "party" in relation to a case before the Authority"-

" "party" in relation to a case before the Authority has, for the purposes of Part II of these Regulations, the meaning assigned to it by regulation 9D(2) and for the purposes of Part III of these Regulations the meaning assigned to it by regulation 19(2);" ;

(c) by adding the following definitions at the appropriate places in alphabetical order-

" "ordinary aerodrome licence" means an aerodrome licence granted under an Air Navigation Order which does not include a public use condition;

"public use condition" means a condition included in an aerodrome licence granted under an Air Navigation Order that the aerodrome shall at all times when it is available for the take off or landing of aircraft be so available to all persons on equal terms and conditions;

"public use aerodrome licence" means an aerodrome licence granted under an Air Navigation Order which includes a public use condition;

"statement of policies" means the publication of the Authority referred to in section 69 of the Act;

(a) 1982 c.16.

(b) 1971 c.62.

(c) S.I. 1983/550, as amended by S.I. 1987/379.

"statutory duties" means the duties of the Authority set out in sections 4 and 68 of the Act;

"to substitute an ordinary aerodrome licence for a public use aerodrome licence" means to vary a public use aerodrome licence by removing the public use condition and "to substitute a public use aerodrome licence for an ordinary aerodrome licence" means to vary an ordinary aerodrome licence by adding a public use condition; " ;

(2) in regulation 3(3) the words "working days" shall be inserted after "days" and in regulation 3(4) the words "or working days" shall be inserted after "hours" ;

(3) for regulation 4(1) there shall be substituted-

" Anything required to be served on any person under these Regulations or under section 66(4) or 84(1) of the Act shall be set out in a notice in writing which may be served either:

(a) by delivering it to that person;(b) by leaving it at his proper address;(c) by sending it by post to him at that address; or(d) by sending it to him at that address by telex or other similar means which produce a document containing a text of the communication in which event the document shall be regarded as served when it is received,

and where the person is a body corporate the document may be served upon the secretary of that body. " ;

(4) In regulation 6(3) and 6(4) for "Subject to paragraphs (8) and (9) of this regulation" there shall be substituted "Subject to paragraphs (8), (9) and (10) of this regulation" and at the end of regulation 6 there shall be added-

" (10) Nothing in paragraph (3) or (4) of this regulation shall apply where the Authority-

(a) refuses an application by the holder of an aerodrome licence for the substitution of an ordinary aerodrome licence for a public use aerodrome licence; or(b) proposes, otherwise than on the application of the licence holder, to substitute a public use aerodrome licence for an ordinary aerodrome licence. " ;

(5) after regulation 9 there shall be added-

Substitution of a public use aerodrome licence for an ordinary aerodrome licence or of an ordinary aerodrome licence for a public use aerodrome licence

"9A.-(1) The Authority shall refuse to consider an application for the substitution of an ordinary aerodrome licence for a public use aerodrome licence unless:-

(a) the application is made by the holder of the licence;(b) it contains a statement of the grounds on which the application is made; and(c) the application is accompanied by any applicable charge under section 11 of the Act.

(2) The Authority shall refuse to consider an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence unless:

(a) it is made by-(i) the holder of the licence;(ii) any other holder of an aerodrome licence granted under an Air Navigation Order;(iii) the holder of any air operator's certificate granted under an Air Navigation Order;(iv) the holder of any air transport licence granted under the Act; or(v) the operator of any aircraft who satisfies the Authority that an aircraft operated by him has, within 12 months of the date on which the application is made, been granted or refused permission to land at or take off from the aerodrome to which the licence relates;(b) it contains a statement of the grounds on which the application is made;(c) the application is accompanied by any applicable charge under section 11 of the Act, and(d) if made by someone other than the holder of the ordinary aerodrome licence, a copy of the application has been served on the holder within 24 hours after it has been served on the Authority.

(3) The Authority shall as soon as may be after an application has been served upon it in accordance with this regulation publish such particulars of the application as it thinks necessary for indicating the substance of the application and shall make a copy of the application available at its head office for...

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