The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012.(2) (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .carry out a review of these Regulations,set out the conclusions of the review in a report, andpublish the report.(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how F32Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC is implemented in other member States.set out the objectives intended to be achieved by the regulatory system established by these Regulations,assess the extent to which those objectives are achieved, andassess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
  • The Regulations specified in the Schedule are revoked.
  • (1) In these Regulations—
    • the Act” means the Civil Aviation Act 1982;
    • accountable person” means a director of the company, sole trader or partner in a partnership with authority to ensure that the ATOL holder complies with the terms and conditions of its ATOL, these Regulations and the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 ;
    • accredited body” means a body accredited as an accredited body pursuant to regulation 33 and “accreditation” is to be construed accordingly;
    • accredited body standard terms” means the schedule of standard terms for an accredited body published by the CAA under regulation 48(1) ;
    • agency worker” has the meaning specified in regulation 3 of the Agency Workers Regulations 2010 ;
    • agent for an ATOL holder” has the meaning specified in regulation 12;
    • airline ticket agent” has the meaning specified in regulation 13(1) ;
    • ATOL” means an air travel organiser's licence granted by the CAA under these Regulations;
    • ATOL Certificate” means a document which complies with the requirements published in accordance with regulation 19;
    • ATOL holder” means a person who holds an ATOL;
    • ATOL number” means the number provided for an ATOL by the CAA under regulation 31(6) ;
    • ATOL standard terms” means the schedule of standard terms for an ATOL published by the CAA under regulation 40(1) ;
    • confirmed ticket” means a document or information which gives to every person specified in the document or information access to the flight specified in the document or information without the need for any further payment;
    • consumerF34includes a traveller and means an individual who—
      • (a) makes use of flight accommodation for travel in person or provides it to another person who uses that flight accommodation for travel in person;
      • (b) intends to make use of flight accommodation for travel in person or intends to provide it to another person to use that flight accommodation for travel in person; or
      • (c) makes use of flight accommodation for travel in person which has been provided to them by a person who is a consumer by reason of sub-paragraph (a) ;
      but is not a person who procures flight accommodation in the course of business while acting as the agent of another person who uses that flight accommodation for travel in person;
    • director” has the meaning specified in section 250 of the Companies Act 2006 ;
    • electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
      • (a) by means of an electronic communications network (within the meaning set out in section 32(1) of the Communications Act 2003 ) ; or
      • (b) by other means while in an electronic form;
    • employee of the ATOL holder” means an individual who has entered into or works under a contract of service or apprenticeship with the ATOL holder, whether express or implied, and (if it is express) whether oral or in writing;
    • failure of an ATOL holder” has the meaning specified in regulation 23;
    • flight accommodation” means accommodation for the carriage of persons on flights in any part of the world;
    • Flight-Only provider” means a person who as a principal or agent makes available flight accommodation only;
    • ...
    • “insolvency” of a person occurs where any of the following steps, or an equivalent step, has been taken by or against the person under the law of a court having jurisdiction over the person's affairs—
      • (a) bankruptcy or insolvency is adjudicated against the person;
      • (b) the court approves a compromise, composition or similar arrangement of the person's debts on the basis of a receiving order;
      • (c) the person makes a valid assignment, composition or similar arrangement for the benefit of all its creditors;
      • (d) the court orders the winding-up or liquidation of the person's affairs;
      • (e) an effective resolution is passed for the voluntary winding-up or liquidation of the person;
      • (f) a compromise, composition or similar arrangement of the person's debts is made binding on the person and substantially all of its creditors; or
      • (g) a receiver, trustee, liquidator, administrator or similar person is appointed on behalf of the creditors of the person;
    • Member” means a person appointed by the Secretary of State under section 2 of the Act to be a member of the CAA;
    • “...

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