Official Record Series 1 - Schedule 1

Official Record Series 1 - Schedule 1

SCHEDULE 1: SCHEME OF CHARGES FOR OPERATING LICENCES, AIR TRANSPORT LICENCES AND SCARCE CAPACITY ALLOCATION CERTIFICATES

Publication date:  30 January 2013
Commencement date: 1 April 2013

Please note: This document is now published as Official Record Series 5 - Scheme of Charges No 275 (Corrected). 

The Civil Aviation Authority (the CAA), after consulting the Secretary of State, hereby makes a Scheme for charges to be paid in connection with Operating Licences, Air Transport Licences and Scarce Capacity Allocation Certificates pursuant to Section 11 of the Civil Aviation Act 1982 as amended by the Licensing of Air Carriers Regulations 1992 and the Operation of Air Services in the Community Regulations 2009.

1  REVOCATION

1.1         The Scheme of Charges (Operator Licensing, Route Licensing and Air Transport Licensing) published by the CAA on 30 January 2012 is hereby revoked.

1.2.         Section 16(1) of the Interpretation Act 1978 (which relates to the effect of repeals) shall apply to this Scheme as if it were an Act of Parliament and as if the Scheme of 30 January 2012 revoked by sub-paragraph 1.1 above was an Act of Parliament thereby repealed.

2  CHARGES

2.1         Fixed charges are payable on application or licence resubmission being made by the applicant to the CAA with respect to an application or licence resubmission as specified in Table 1:

Table 1:

Fixed Charges

 

Charge

Application for, or a licence resubmitted for, approval of a Type A Operating Licence or an Air Transport Licence (1)£15,000
Application for, or a licence resubmitted for, approval of a Type B Operating Licence or an Air Transport Licence (2)£1,800

Exemption to allow the use of UK registered aircraft in the UK by non-UK carriers

£108
Air Travel Organisers’ Licensing exemption£108

(1) Provided that where the cost of the application for approval exceeds the fee paid, the applicant shall pay a charge of such an amount as may be decided by the CAA having regard to the amount of the new information in the business plan to be analysed.

(2) In the case of Type B applicants or licence holders, where complex ownership and control analysis is required, the CAA reserves the right to charge an addtional assessment fee of up to £15,000.  The CAA will consult with the applicant or licence holders before an additional fee is charged.

2.2         Except as set out in paragraph 2.3 below, variable charges are payable to the CAA in respect of each month during which an Operating Licence or an Air Transport Licence is in force.  These are calculated on the basis of passenger and tonne kilometres flown pursuant to the licence during that period, multiplied by the rate applicable to each category.  The charge for each month will be the sum of the two amounts based on the rates as specified in Table 2:

Table 2:

Variable Charges

(1)
per 1000 passenger-kilometres
flown pursuant to the licence

(2)
per 1000 tonne-kilometres
flown pursuant to the licence

0.79p

3.95p

2.3.         No variable charge is payable:

(a)         in respect of any flight of a description specified in an Instrument made under Section 64(2)(a) of the Civil Aviation Act 1982 and in force in accordance with Section 64(3) of that Act, except where the flight is between points both of which are within the area consisting of the European Economic Area, the Channel Islands and the Isle of Man;  or

(b)         in respect of any flight on which no passengers or cargo are carried for remuneration.

2.4         Where the holder of an Air Transport Licence or an Operating Licence (hereinafter referred to as the “contracting carrier”) enters into an agreement with another aircraft operator (hereinafter referred to as the “actual carrier”) under which the actual carrier provides substitute flights for the contracting carrier, passengers and tonne kilometres flown by the actual carrier in the course of operating such substitute flights shall, for purposes of this Scheme, be deemed to be flown pursuant to the contracting carrier’s licence.

2.5         Where the holder of an Air Transport Licence or an Operating Licence operates aircraft registered outside the United Kingdom under the authority of a permit granted by the Secretary of State (under Article 223 of the Air Navigation Order 2009) which includes a condition that the holder shall comply with some or all of the terms of the licence, passenger and tonne kilometres flown pursuant to that permit shall, for purposes of this
Scheme, be deemed to be passenger and tonne kilometres flown pursuant to the licence.

2.6         Charges under paragraphs 2.1 and 2.2 above are payable upon demand being made by the CAA.  The CAA may require the holder of a licence to pay a deposit against charges due on the last day of each month which will be calculated:

(a)         by reference to the number of passenger and tonne-kilometres flown pursuant to the licence during the corresponding month of the previous year; 

 (b)         where no passenger and tonne kilometres were flown pursuant to the licence during the corresponding month of the previous year, an amount based on the passenger and tonne kilometres estimated by the CAA to have been flown by the licence holder during the month;  or

(c)          where, in the opinion of the CAA, the number of passenger and tonne-kilometres flown pursuant to the licence will be significantly different from the corresponding month of the previous year, an amount based on the passenger and tonne-kilometres estimated by the CAA to have been flown by the licence holder during the month.

2.7        A charge of £105 is payable on making an application for an Instrument pursuant to Section 64(2)(b) (including Section 64(2)(b) as applied in relation to Route Licences by Section 69A) of the Civil Aviation Act 1982.

2.8       A charge of £15,000 is payable on making an application for the grant or variation of a Scarce Capacity Allocation Certificate pursuant to Regulation 10 of The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007.1

3  COPIES OF DOCUMENTS

Upon application being made for the issue by the CAA of a copy or replacement of a document issued under The Licensing of Air Carriers Regulation 1992 the applicant shall pay a charge of £20.

4  DEFINITIONS

In this Scheme of Charges,

“Passenger kilometre” means the product obtained by multiplying the number of passengers carried by the distance flown in kilometres.

“Tonne-kilometre” means the product obtained by multiplying the number of tonnes of cargo carried by the distance flown in kilometres.

5  COMMENCEMENT

This Scheme shall come into operation on 1 April 2013.