Civil Aviation Authority Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/550 |
| Year | 1983 |
1983 No. 550
CIVIL AVIATION
The Civil Aviation Authority Regulations 198311thApril 1983
20thApril 1983
16thMay 1983
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation and commencement.
2. Revocation.
3. Interpretation.
4. Service of documents.
5. Publication by the Authority.
PART II
FUNCTIONS CONFERRED ON THE AUTHORITY BY OR UNDER AIR NAVIGATION ORDERS
6. Regulation of the conduct of the Authority.
7. Reasons for decisions.
8. Inspection of aircraft register.
9. Dissemination of reports of reportable occurrences.
PART III
AIR TRANSPORT LICENSING
10. Regulation of the conduct of the Authority.
11. Applications for the grant, revocation, suspension or variation of licences.
12. Revocation, suspension or variation of licences without application being made.
13. Variation of schedules of terms.
14. Environmental cases.
15. Objections and representations.
16. Consultation by the Authority.
17. Furnishing of information by the Authority.
18. Preliminary meetings.
19. Hearings in connection with licences.
20. Procedure at hearings.
21. Appeals to the Secretary of State.
22. Decisions on appeals.
23. Transfer of licences.
24. Surrender of licences.
PART IV
OTHER FUNCTIONS OF THE AUTHORITY
25. Participation in civil proceedings.
The Secretary of State, in exercise of his powers under sections 2(3), 7(1) and (2), 11(2), 64(3), 65(1) and (6), 66(1) and (4), 67(1), (2) and (5), 84(1) and 85(1) 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:—
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Civil Aviation Authority Regulations 1983 and shall come into operation on 16th May 1983.
Revocation
2. The Regulations specified in the Schedule hereto are hereby revoked.
Interpretation
3.—(1) In these Regulations unless the context otherwise requires:
"the Act" means the Civil Aviation Act 1982;
"decision date" and "transcript date" have the meanings respectively assigned to them in regulation 20(8);
"environmental application" and "environmental proposal" have the meanings respectively assigned to them in regulation 14(1);
"hearing" means a hearing at which oral evidence or argument may be heard and "to hear" shall be construed accordingly;
"party" in relation to a case before the Authority has the meaning assigned to it by regulation 19(2);
(a) 1982 c. 16.
(b) 1971 c. 62.
"party" in relation to an appeal to the Secretary of State has the meaning assigned to it by regulation 21(3);
"the person concerned" means, in relation to the registration of aircraft, the applicant for registration or the person in whose name the aircraft is registered, as the case may be, and in relation to a certificate, licence, approval or rating, the holder or former holder of or applicant for the certificate, licence, approval or rating as the case may be;
"personnel licence" means a licence authorising a person to act as a member of a flight crew, an aircraft maintenance engineer, an air traffic controller, a student air traffic controller or an aerodrome flight information service officer;
"rating" means a rating on a personnel licence;
"reportable occurrence" has the same meaning as in the Air Navigation Order 1980(a).
(2) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations;
(3) Any period of time specified in these Regulations by reference to days or months shall be exclusive of the first day and inclusive of the last day unless the last day falls on a Saturday, Sunday, Christmas Day, Good Friday or any day appointed by law to be a bank holiday in any part of the United Kingdom, in which case the time shall be reckoned exclusively of that day also.
(4) In computing any period of time specified in these Regulations by reference to hours the whole of any Saturday, Sunday, Christmas Day, Good Friday or bank holiday shall be disregarded, and for that purpose any day which is appointed by law to be a bank holiday in any part of the United Kingdom shall be treated as a bank holiday.
Service of documents
4.—(1) 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; or
(c) by post,
and where the person is a body corporate the document may be served upon the secretary of that body.
(2) For the purposes of this regulation the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.
(a) S.I. 1980/1965, to which there are amendments not relevant to these Regulations.
Publication by the Authority
5. Any notice or other matter (not being a schedule of terms referred to in regulation 13) required by these Regulations, or by section 11(2), 64(3), 65(1) or (6) or 85(1) of the Act, to be published shall be published by the Authority in its official record.
PART II
FUNCTIONS CONFERRED ON THE AUTHORITY BY OR UNDER AIR NAVIGATION ORDERS
Regulation of the conduct of the Authority
6.—(1) The functions conferred on the Authority by or under Air Navigation Orders with respect to:
(a) registration of aircraft;
(b) certification of operators of aircraft;
(c) certification of airworthiness of aircraft;
(d) noise certification;
(e) personnel licensing;
(f) licensing of aerodromes;
(g) validation of any certificate or licence;
(h) approval of persons and equipment;
(i) approval of schemes for the regulation of the flight times of aircraft crew;
(j) receiving reports of reportable occurrences,
are hereby prescribed for purposes of section 7(2) of the Act.
(2) Subject to paragraphs (8) and (9) of this regulation, a decision with respect to any of the matters referred to in paragraph (1) of this regulation, being a decision to register, refuse to register, cancel or amend the registration of an aircraft or to grant, refuse to grant, revoke, suspend or vary a certificate, licence, approval or rating, may be made on behalf of the Authority only by a member or employee of the Authority.
(3) Subject to paragraphs (8) and (9) of this regulation, where—
(a) it is decided that it would be inexpedient in the public interest for an aircraft to be registered in the United Kingdom; or
(b) an application for the grant, validation or variation of a certificate, licence, approval or rating has been refused or granted in terms other than those requested by the applicant,
the Authority shall serve on the applicant a notice stating the reasons for the decision, and the applicant may within 14 days from the date of service of that notice request that the case be reviewed by the Authority.
(4) Subject to paragraphs (8) and (9) of this regulation, where it is proposed to—
(a) cancel the registration of an aircraft on the grounds that it would be inexpedient in the public interest for it to continue to be registered in the United Kingdom; or
(b) revoke, suspend or vary a certificate, licence, approval, validation or rating otherwise than on the application of the holder,
the Authority shall serve on the person concerned notice of the proposal together with the reasons for it, and the person concerned may within 14 days from the date of service of that notice, serve on the Authority a request that the case be decided by the Authority and not by any other person on its behalf.
(5) Any person who has failed any test or examination which he is required to pass before he is granted or may exercise the privileges of a personnel licence may within 14 days of being notified of his failure request that the Authority determine whether the test or examination was properly conducted.
(6) The function of deciding a case where such request as is referred to in paragraph (3), (4) or (5) of this regulation has been duly served on the Authority is hereby prescribed for the purposes of section 7(1) of the Act: and for the purpose of making any decision in such a case a quorum of the Authority shall be one member.
(7) Where such a request has been duly served the Authority shall, before making a decision, consider any representations which may have been served on it by the person concerned within 21 days of the date of service of the notice given by the Authority pursuant to paragraph (3), (4) or (5) of this regulation.
(8) Nothing in this regulation shall:
(a) prevent the Authority or any person authorised so to act on behalf of the Authority provisionally cancelling the registration of an aircraft or provisionally suspending or varying any certificate, licence, approval, validation or rating granted or having effect under an Air Navigation Order, pending inquiry into or consideration of the case;
(b) apply to the variation of a flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness.
(9) Nothing in paragraph (2), (3) or (4) of this regulation shall apply:
(a) in respect of a medical certificate or certificate of test or experience relating to a personnel licence;
(b) where pursuant to its duty under section 5 of the Act, the Authority refuses an application for the grant of an aerodrome licence or grants such an application in terms other than those requested by the applicant or proposes to revoke, suspend or vary an aerodrome licence otherwise than on the application of the holder.
Reasons for decisions
7. Where the Authority makes a decision pursuant to regulation 6(6) it shall be the duty of the Authority to serve a statement of its reasons for the decision on the person concerned.
Inspection of aircraft register
8. The Authority shall, at...
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