Regulation 6 and Independent Review Panel

Regulation 6

The Regulation 6 review process is established by Regulation 6 of the Civil Aviation Authority Regulations 1991. When a review is requested, a review panel is established to hear that matter comprising of Civil Aviation Authority (CAA) Non-Executive Board Members who are appointed by the Secretary of State and have had no previous involvement in the case.

Independent Review Panel (IRP)

The IRP is a non-statutory body established by the Department for Transport (DfT), in agreement with the CAA. The IRP can look at certain decisions made by the CAA Members of the IRP and are entirely independent of the CAA and are experts in procedure, rather than aviation safety.

Regulation 6

The Regulation 6 review panel makes the regulatory decision on behalf of the Civil Aviation Authority (CAA). This means it is able to review both the process which was followed as well as any substantial judgments made in a case.

Independent Review Panel (IRP)

The IRP can look at whether the CAA followed correct process or procedure in arriving at a decision. It cannot look at the judgements used to reach that decision. If the IRP finds that the CAA did not follow correct procedure, it can recommend one of the following to the CAA:

• Make an appropriate apology
• Give more information and/or explanation as to how the decision was arrived at
• Amend CAA procedures and practices that could help prevent a recurrence of the circumstances giving rise to the complaint
• In cases of severe mismanagement, entirely reconsider a matter

The CAA can then decide whether to follow the recommendation(s). If it chooses not to, it must write to the individual, the IRP and the Minister for Aviation setting out why it has not done so.

Regulation 6 

The functions (both in UK as well as retained EU law) which are currently eligible for review are:

• Registration of aircraft
• Certification of operators of aircraft
• Certification of airworthiness of aircraft
• Noise certification
• Certification of compliance with the requirements for the emission by aircraft engines of unburned hydrocarbons
• Personnel licensing
• Licensing of aerodromes
• Validation of any certificate or licence
• Approval of equipment and approval or authorisation of persons
• Approval of schemes for the regulation of the flight times of aircraft crew
• Receiving reports of reportable occurrences
• Making air traffic directions
• Making airspace policy directions

Provisional suspension cases are not permitted to be reviewed through the Regulation 6 process.

Independent Review Panel (IRP)

Cases may be eligible to be considered by the IRP where a Civil Aviation Authority (CAA) official has advised a person of a refusal to issue, or a proposal to vary, provisionally suspend, suspend or revoke any of the following licences or authorisations issued to an individual:

• Flight crew licensing (including licensing action as a result of an airspace infringement, as well as licensing decisions taken by entities the CAA delegate authority to)
• Maintenance engineers
• Air traffic controllers
• Rating and endorsements for instructors and examiners
• Medical fitness decisions
• Aeromedical examiners

Regulation 6

On request (within 14 days of proposed decision), depending on whether it is a function which is listed in Regulation 6 of the Civil Aviation Authority Regulations 1991 as being able to utilise the Regulation 6 process (as listed above). There is no cost to the applicant in seeking a Regulation 6 review.

Independent Review Panel (IRP)

For a case to be considered by the IRP, it must first have gone through an internal review by an independent person within the Civil Aviation Authority (CAA); be a decision from the list mentioned previously and the requestor must demonstrate to the IRP where they think the CAA failed to follow correct process.

Once the IRP has been provided this information, it will make a decision to consider the case or not. The request for the IRP to review the case must come within 14 days of the CAA communicating the result of the internal case review, and is for decisions taken after 2 May 2022. There is no cost to the applicant in seeking an IRP review.

Estimated time of review

Regulation 6

Variable depending on the availability of the parties, including those who constitute the review panel.

IRP

Once provided with all the relevant information, the IRP will aim to consider a case within 28 working days (unless it communicates otherwise).

Regulation 6

If a person is unsatisfied with the outcome of the Regulation 6 process, they are not permitted to request the case be considered by the Independent Review Panel (IRP). Instead, they can appeal to the County Court in cases where fitness of character is an issue. For all other cases, they can apply for a Judicial Review of the matter through the Administrative Court.

IRP

If a person is unsatisfied with the outcome of the IRP process, they can seek to have their case reviewed through the Regulation 6 process.

Alternatively, the person can ask their Member of Parliament (MP) to refer their case to the Parliamentary and Health Service Ombudsman (PHSO). This does not affect the right to request a Regulation 6 review, but the PHSO may decide not to investigate a case presented to them where they feel the Regulation 6 process is the best course of action. Those wishing to have their case referred to the PHSO through their MP should first decide whether their case is in scope of what the PHSO is able to investigate.

Further information

Regulation 6 - Appeals | Civil Aviation Authority (caa.co.uk)

IRP - IRP personnel licensing and certification decisions

IRP - IRP terms of reference