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

JurisdictionUK Non-devolved
CitationSI 2012/1017

2012 No. 1017

Civil Aviation

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

Made 2nd April 2012

Laid before Parliament 4th April 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(3), 7(1) and (2), 71 and 71A of and paragraph 15 of Schedule 1 to, Part 2 of, and paragraphs 1 and 2 of Part 3 of, Schedule 13 to the Civil Aviation Act 19821.

In accordance with sections 71(2) and 71B of that Act, the Secretary of State has consulted with the Civil Aviation Authority and the trustees of the Air Travel Trust, and in accordance with paragraph 24(1) of Part 3 of Schedule 7 to the Tribunals, Courts and Enforcement Act 20072, the Secretary of State has consulted with the Administrative Justice and Tribunals Council.

1 GENERAL

PART 1

GENERAL

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.

(2) With the exception of regulation 10(f), these Regulations come into force on 30th April 2012.

(3) Regulation 10(f) comes into force on 30th April 2019.

Review
S-2 Review

Review

2.—(1) The Secretary of State must from time to time—

(a)

(a) carry out a review of these Regulations,

(b)

(b) set out the conclusions of the review in a report, and

(c)

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 90/314/EECof 13th June 1990 on package travel, package holidays and package tours3is implemented in other member States.

(3) The report must in particular—

(a)

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)

(b) assess the extent to which those objectives are achieved, and

(c)

(c) assess 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 (other than regulation 10(f)) come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Revocation of Regulations
S-3 Revocation of Regulations

Revocation of Regulations

3. The Regulations specified in the Schedule are revoked.

Interpretation
S-4 Interpretation

Interpretation

4.—(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 20074;

“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 20105;

“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;

“consumer” 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 20066;

“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 20037); 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;

“Flight-Plus” has the meaning specified in regulation 24;

“Flight-Plus arranger” has the meaning specified in regulation 25;

“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;

“Official Record” means a document of that name published on the website of the CAA;

“package” means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation—

(a) transport;

(b) accommodation;

(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package,

and

(i) the submission of separate accounts for different components does not cause the arrangements to be other than a package;

(ii) the fact that a combination is arranged at the request of the consumer and in accordance with the consumer’s specific instructions (whether modified or not) does not of itself cause it to be treated as other than pre-arranged;

“schedule of agency terms” means the schedule of terms to be included in a written agency agreement published by the CAA under regulation 22(1);

“specified method” has the meaning specified in regulation 18;

“temporary work agency” has the meaning specified in regulation 4 of the Agency Workers Regulations 2010; and

“worker for an ATOL holder” means an individual who is—

(a) an officer of a company holding an ATOL;

(b) a partner of a partnership holding an ATOL;

(c) a member of a limited liability partnership holding an ATOL;

(d) an employee of the ATOL holder; or

(e) an agency worker supplied by a temporary work agency to work temporarily for and under the supervision and direction of the ATOL holder.

(2) A reference in these Regulations to a document or any other thing in writing includes that document or thing in electronic form.

(3) The periods of time specified in regulations 7(6), 24(2)(d), 24(3), 36, 40(3), 44, 48(3), 53(2), 57(1), 57(3), 68(3) and 74 as a number of days are 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 a bank holiday under the Banking and Financial Dealings Act 19718in any part of the United Kingdom, in which case the period of time is exclusive of that day also.

Requirements for service of documents
S-5 Requirements for service of documents

Requirements for service of documents

5.—(1) Subject to paragraph (2), a notice or other document required to be served under these Regulations must be served in accordance with regulation 6 or 7.

(2) Anything which is required to be served on the CAA under these Regulations may be served electronically by sending it to an e-mail address which the CAA has published for the purpose.

(3) A document is served on a person under regulation 6 if served on, in the case of—

(a)

(a) an individual, that person;

(b)

(b) a body corporate, a director, secretary, chief executive, treasurer, manager or other officer of the company;

(c)

(c) a limited liability partnership, any designated member as defined by section 18 of the Limited Liability Partnerships Act 20009;

(d)

(d) a partnership, a partner or any...

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