Official Record Series 1 - Annex 5

OFFICIAL RECORD SERIES 1 - ANNEX 5

ANNEX 5:  PROCEDURES FOR THE GRANT, SUSPENSION AND REVOCATION OF OPERATING LICENCES

1. Article 10 of the Licensing Regulation requires States to publish their procedures for granting Operating Licences.  This Annex contains the CAA’s detailed procedures.  It extends to the refusal, suspension and revocation of licences as well as to their grant, and covers aspects such as appeals and publication of decisions which are laid down in either the Licensing Regulation or in UK Regulations.

Applications for Operating Licences

2. Applications must be made in writing, stating whether a Type A or a Type B licence is applied for, and must be accompanied by the fee specified in the Schedule of Charges at Part 4.

3. Within two weeks of receiving any application, the CAA will inform the applicant of the information it needs in order to be satisfied that the applicant complies with Article 4 of the Licensing Regulation.

4. If the CAA reaches a preliminary view that an applicant for an Operating Licence may not meet the nationality requirements of of Article 4 of the  Licensing Regulation it will serve on the applicant notice of a proposal, with reasons, to inform the Secretary of State as required by  Part 1 of the The Operation of Air Services in the Community Regulations 2009.  Before informing the Secretary of State it will consider any representations the applicant may make within 21 days of the date of service of the notice. 

5. If the CAA proposes to refuse an application for an Operating Licence (except on nationality grounds) it will serve on the applicant notice of its proposal and of the reasons for the proposal.  Before making a decision it will consider any representations the applicant may make within 21 days of the date of service of the notice.

Procedures where the CAA Proposes to Inform the Secretary of State that the Holder of an Operating Licence no longer meets the Nationality Requirements of the Licensing Regulation, or to Suspend or Revoke an Operating Licence

6. Where the CAA believes that the holder of an Operating Licence may no longer meet the nationality requirements of paragraphs of Article 4 of the Licensing Regulation, it will serve on the licence holder notice of a proposal to inform the Secretary of State.  It will consider any representations the licence holder may make within 21 days of the date of the notice.

7. If the CAA proposes to suspend or revoke an Operating Licence except on grounds of nationality, it will serve on the licence holder notice of its proposal and of the reasons for it.  Before making a decision to suspend the Licence, it will consider any representations the licence holder may make within six working days of the date of service of the notice;  and before making any decision to revoke the Licence, it will consider any representations the licence holder may make within 21 days of service of the notice.

Decisions to be made by Board Members of the CAA

8. The Licensing of Air Carriers Regulations provide that any decision to refuse to grant an Operating Licence or to revoke or suspend an Operating Licence otherwise than at the request of the licence holder must normally be made by two Board Members of the CAA. 

9. In addition, any decision to inform the Secretary of State that the CAA has reason to believe that any applicant for or holder of an Operating Licence does not meet the requirements of  Article 4 of the Licensing Regulation will be taken by a Board Member of the CAA.

Reasons for Decision

10. Article 10 of the  Licensing Regulation requires that licensing authorities must give their reasons for refusing an Operating Licence.  In addition, if the CAA revokes or suspends an Operating Licence, or informs the Secretary of State in the context of  of the Licensing of Air Carriers Regulations that in the CAA’s view an applicant or licence holder does not meet the requirements of Article 4 of the Licensing Regulation, it will give the applicant or licence holder written reasons for its decision. 

Appeals

11. Regulation 19 of the Licensing of Air Carriers Regulations provides for an appeal to the Secretary of State against a decision of the CAA to refuse, revoke or suspend an Operating Licence, and Schedule 1 to the Licensing of Air Carriers Regulations sets out the procedure for appeals to the Secretary of State. 

Publication

12. The Licensing Regulation requires that any decision to grant or revoke Operating Licences must be published in the Official Journal of the European Communities.  The CAA also publishes in its Official Record Series 2 the names and addresses of applicants for each class of Operating Licence; and information on Operating Licences granted, refused, suspended or revoked.