Suspension, variation and revocation

Where an AOC or PAOC holder identifies that it is unable to comply with the requirements of its certificate, associated approvals, or applicable regulatory requirements, it should notify the CAA without delay.

• A request may be submitted in writing for the certificate to be varied, suspended or revoked, as appropriate.
• Upon receipt of such a request, the CAA may vary, suspend or revoke the certificate.
• Where the certificate holder is a limited company, the request should be made by a company director. Where the organisation is subject to insolvency proceedings, the request should be submitted by the appropriately appointed insolvency office holder.

Where the CAA considers it necessary to vary, suspend or revoke an AOC or PAOC without the agreement of the certificate holder, the applicable appeal procedures set out in Regulation 6 of the Civil Aviation Authority Regulations 1991 apply.

The reasons supporting the CAA's decision will be set out in writing and provided to the certificate holder.

• Suspension will normally only be considered where there is a realistic prospect of the operator resolving the identified issues within an acceptable period. The operator should demonstrate that it has a clear plan to address the deficiencies identified and, where appropriate, to resume operations safely and compliantly.
• Article 253(1) of the Air Navigation Order permits the CAA to provisionally suspend or vary an AOC pending inquiry into, or consideration of, the circumstances of the case.
• Such consideration may include a formal appeal process or an investigation conducted by the CAA.
• The suspension or variation of an AOC may have significant operational and commercial implications and will therefore be considered only where justified by the circumstances, particularly where safety concerns have been identified.
• Once the circumstances giving rise to the action have been resolved, the CAA may reinstate, vary or revoke the certificate as appropriate.

Any regulatory action taken by the CAA will be supported by appropriate evidence.

Action may be considered where oversight activities identify significant safety concerns, systemic non-compliance, ineffective management systems, inadequate organisational capability, or a failure to address previously identified findings within agreed timescales.

• Where concerns are identified, the operator will normally be informed of the issues requiring attention and the actions necessary to restore confidence in the organisation's ability to operate safely and in compliance with regulatory requirements.
• The operator will be provided with an opportunity to respond, including details of any corrective action plan and associated implementation timescales.
• Where appropriate, the assigned oversight team may provide guidance regarding the prioritisation of corrective actions.
•  Failure to implement satisfactory corrective actions within agreed timescales may result in the consideration of further regulatory action, including the suspension, variation or revocation of certificates, approvals or permissions.

The holder of a suspended Certificate may apply for the suspension to be lifted.

• Before a suspension can be removed, the CAA must be satisfied that the reasons for suspension have been effectively addressed and that the operator can demonstrate ongoing compliance with all applicable regulatory requirements.
• Where a suspension has been in force for a relatively short period and there have been no significant changes to the organisation, management structure, facilities or operational arrangements, only limited reassessment activity may be necessary.
• Where a suspension has been in place for an extended period, or where significant organisational changes have occurred, the CAA may conduct a more extensive audit, inspection or reassessment before determining whether the certificate can be reinstated.
• The scope of any reassessment will be determined on a case-by-case basis, taking account of the duration of the suspension, the changes made during that period and the associated safety risks.
• The CAA will seek to complete any necessary investigations and assessments as efficiently as possible, while ensuring that all safety and compliance requirements have been satisfactorily addressed.
• Certificate holders should note that applicable CAA charges may continue to apply during periods of suspension in accordance with the current Scheme of Charges.