Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) “relevant local service” means a local service which has one or more stopping places in the relevant area,

(b) references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985,

(d) “relevant area” means England outside Greater London.

(13) Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.

143A

(1) A franchising authority may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authority's area, or any part of it, as the operator possesses or controls.

(2) If two or more franchising authorities are exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, each of them may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authorities' areas, or any part of those areas, as the operator possesses or controls.

(3) For the purposes of this section, information about the local services operated by an operator in an area is relevant information if it is—

(a) information about the total number of journeys undertaken by passengers on the local services operated by the operator in the area;

(b) information about the structure of fares for journeys on those local services;

(c) information about revenue received from those local services, including information about revenue attributable to particular types of fares or derived from journeys undertaken on particular parts of those local services;

(d) information about the total distance covered by vehicles used by the operator in operating those local services;

(e) information about persons employed by the operator in the provision of those local services;

(f) information about journeys that the operator has forecast will be undertaken by passengers on those services and revenue that the operator has forecast will be received from those services;

(g) information of such description as is specified in regulations made by the Secretary of State.

(4) The powers in subsections (1) and (2) may not be used to require an operator to provide information relating to periods that fall more than five years before the date of the demand.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The operator may be required—

(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it, and

(b) to provide the information before the end of such reasonable period as may be specified by the franchising authority.

(7) If it appears to a franchising authority that an operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under this section, the authority must inform a traffic commissioner.

(8) A franchising authority that have obtained information under this section may—

(a) use the information for the purposes of their functions under this Part in relation to franchising schemes, and

(b) supply the information to a person specified in subsection (9) for use in connection with the same franchising scheme or the same proposed franchising scheme.

(9) The persons referred to in subsection (8) are—

(a) a franchising authority;

(b) a person providing services to a franchising authority;

(10) The requirements in sections 123E and 123G about publishing documents do not require a franchising authority to publish information obtained by the authority, or another franchising authority exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, under this section if it is information that the authority could refuse to disclose in response to a request under—

(a) the Freedom of Information Act 2000, or

(b) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.

143B

(1) If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.

(2) A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.

(3) If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.

(4) The operator may be required—

(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it, and

(b) to provide the information before the end of such reasonable period as may be specified by the local transport authority.

(4A) A local transport authority or authorities may not require an operator to supply information under this section unless, at least 14 days before imposing the requirement, they have given notice to the operator—

(a) of their intention to impose the requirement, and

(b) of the date on which they intend to do so and the period that they intend to allow for the provision of the information.

(4B) When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice under subsection (4A).

(5) If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.

(6) A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—

(a) use the information for the purposes of the function for which it was obtained, and

(b) supply the information to a person specified in subsection (7) for use for those purposes in connection with the same plan or scheme.

(7) The persons referred to in subsection (6) are—

(a) a local transport authority;

(b) the Secretary of State;

(d) a person providing services to a local transport authority, the Secretary of State or a metropolitan district council.

(8) A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.

(9) Subsection (8) does not prevent the disclosure of information—

(a) under subsection (6)(b),

(b) in the case of information relating to the affairs of an individual who is alive or a particular business that is being carried on, with the consent of the individual or the person for the time being carrying on the business,

(d) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985,

(e) in order to comply with the order of a court of tribunal, or

(f) in order to comply with a requirement imposed by law.

(10) The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.

(11) In this section—

“relevant function” means—reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,determining whether and how to vary an enhanced partnership plan or scheme, ordetermining whether to revoke an enhanced partnership plan or scheme;

“relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

11A

(1) Before modifying a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the proposed modification;

(b) send a copy of the notice to the persons listed in subsection (2);

(c) consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

(2) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;

(d) any bodies representing users of air transport services that the modifying authority considers appropriate;

(e) where the modifying authority is the CAA, the Secretary of State;

(f) where the modifying authority is the Secretary of State, the CAA.

(3) The notice under subsection (1) must—

(a) state that the modifying authority proposes to modify the licence;

(b) specify the proposed modification;

(d) state the effect of the proposed modification;

(e) specify a reasonable period for making representations.

(4) If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

(a) publish a notice, giving its reasons;

(b) send a copy of the notice to the persons listed in subsection (2).

(5) If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the modification;

(b) send a copy of the notice to the persons listed in subsection (2).

(6) The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

(7) The notice under subsection (5) must—

(a) specify the modification;

(b) specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);

(d) state the effect of the modification;

(e) state how it has taken account of any representations made in the period specified in the notice under subsection (1);

(f) state the reasons for any differences between the modification and that set out in the notice under subsection (1).

(8) The date specified under subsection (7)(b)—

(a) in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);

(b) otherwise, must fall after the end of the period of 28 days beginning with that day.

(9) In this section “modifying authority”—

(a) in relation to a modification of a licence condition, means the CAA;

(b) in relation to any other modification, means the Secretary of State.

11B

(1) The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

(2) The CAA must—

(a) publish a direction given to it under subsection (1);

(b) send a copy of the direction to the persons listed in subsection (3).

(3) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(d) any bodies representing users of air transport services that the CAA considers appropriate.

Appeal against modification of licence conditions

19A

(1) An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).

(2) An appeal may be brought under this section only by—

(a) the licence holder,

(b) an owner or operator of an aircraft whose interests are materially affected by the decision, or

(3) “Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.

(4) An appeal may be brought under this section only with the permission of the CMA.

(5) An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.

(6) The CMA may refuse permission to appeal under this section only on one of the following grounds—

(a) that the appeal is brought for reasons that are trivial or vexatious;

(b) that the appeal does not have a reasonable prospect of success;

(7) This subsection is satisfied if the appeal is brought—

(a) against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and

(b) on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.

(8) In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

19B

The CMA may allow an appeal under section 19A only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

19C

(1) Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against.

(2) Where it allows an appeal under section 19A, the CMA must do one or more of the following—

(a) quash the decision appealed against;

(b) remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the CMA;

(3) Where it allows only part of an appeal under section 19A—

(a) subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

(b) subsection (1) applies in respect of the rest of that decision.

(4) Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to—

(a) the CAA, and

(b) the licence holder.

(5) The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction.

(6) A direction given by the CMA under this section to a person other than the CAA is enforceable—

(a) in England and Wales and Northern Ireland, as if it were an order of the High Court;

(b) in Scotland, as if it were an order of the Court of Session.

19D

(1) The CMA must determine an appeal under section 19A within the period of 24 weeks beginning with the day on which the CAA published, in accordance with section 11A, the notice of the decision that is the subject of the appeal.

This is subject to subsections (2) to (5).

(2) The CMA may extend the appeal period by not more than 12 weeks if satisfied that there are good reasons for doing so.

(3) The CMA may extend the appeal period only once in reliance on subsection (2).

(4) The CMA may extend the appeal period by any period that it considers appropriate if—

(a) there is an appeal to the Competition Appeal Tribunal under this Chapter which the CMA considers may be relevant to the appeal under section 19A, and

(b) the appeal to the Tribunal has not been determined or withdrawn.

(5) The CMA may extend the appeal period more than once in reliance on subsection (4).

(6) If the CMA extends the appeal period it must—

(a) publish a notice stating the new time limit for determining the appeal;

(b) send a copy of the notice to the persons listed in subsection (7).

(7) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence holder, the appellant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);

(d) any owners or operators of aircraft that the CMA considers appropriate;

(e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;

(f) the CAA.

(8) The Secretary of State may by regulations modify the periods of time specified in this section.

(9) In this section “appeal period”, in relation to an appeal under section 19A, means the period allowed for determining the appeal.

19E

(1) A determination made by the CMA on an appeal under section 19A—

(a) must be contained in an order made by the CMA, and

(b) takes effect at the time specified in the order or determined in accordance with the order.

(2) The order must set out the reasons for the determination.

(3) The CMA must—

(a) publish the order as soon as practicable after the determination is made;

(b) send a copy of the order to the persons listed in subsection (4).

(4) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal is brought by a person other than the licence holder, the appellant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);

(d) any owners or operators of aircraft that the CMA considers appropriate;

(e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;

(f) the CAA.

(5) The CMA may exclude from publication under subsection (3) any information that it is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the CMA, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the CMA, significantly harm the individual's interests.

(6) The CAA must take any steps that it considers necessary for it to comply with the order.

(7) The steps must be taken—

(a) if a time is specified in the order or is to be determined in accordance with the order, within that time;

(b) otherwise, within a reasonable time.

19F

(1) Schedule A1 makes further provision in respect of appeals under section 19A.

(2) In carrying out the functions listed in subsection (3), the CMA must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

(3) Those functions are—

(a) deciding an application for permission to appeal under section 19A;

(b) deciding an application under Schedule A1 for permission to intervene in an appeal;

(4) Except where Schedule A1 provides otherwise, the functions of the CMA with respect to an appeal under section 19A are to be carried out on behalf of the CMA by a group constituted for the purpose, by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

Penalties

25A

(1) The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.

(2) Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

25B

(1) This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.

(2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from any person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

25C

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) imposing penalties under this Chapter, and

(b) determining their amount.

(2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

(3) When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

(4) When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

40A

(1) For the purposes of this Chapter one person is connected to another if they are group undertakings in relation to each other.

(2) “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).

(3) The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Chapter, including provision amending or otherwise modifying subsections (1) and (2).

Making of scheme.

Response to consultation

Local transport plans.

Consultation document

Revocation and suspension

Quality contracts schemes.

Notice and consultation requirements.

Variation or revocation of scheme.

Appeals where proposed continuation considered non-exempt

Transitional provision about schemes.

Regulations about schemes.

Power to prohibit driving of vehicle.

SCHEDULE A1

PART 1 — Permission to appeal

Application for permission to appeal

1

(1) An application to the CMA for permission to appeal under section 19A may not be made after the end of the period of six weeks beginning with the day on which the CAA published the decision notice.

(2) In this Schedule “the decision notice” means the notice published under section 11A of the decision that is the subject of the application for permission to appeal under section 19A.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to appeal

2

(1) The decision of the CMA on an application for permission to appeal is to be taken by an authorised member of the CMA.

(2) The authorised member must take the decision before the end of the period of ten weeks beginning with the day on which the CAA published the decision notice.

(3) The authorised member may grant permission to appeal subject to conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be considered on the appeal;

(b) conditions for the purpose of expediting the determination of the appeal;

(c) conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.

(5) An authorised member of the CMA who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 19A must grant permission subject to conditions excluding the consideration of—

(a) matters that were considered as part of the earlier appeal, and

(b) matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not to do so.

(6) In sub-paragraph (5) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

(7) An authorised member of the CMA must—

(a) publish the decision on an application for permission to appeal and the reasons for the decision;

(b) send a copy of the decision and the reasons to the persons listed in sub-paragraph (8).

(8) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(9) An authorised member of the CMA may exclude from publication under sub-paragraph (7) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

Time limit for CAA to make representations

3

(1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 1 for permission to appeal against a decision.

(2) The CAA must make representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 2 — Intervention in appeal

Application for permission to intervene in appeal

4

(1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for permission to intervene in the appeal may be made to the CMA by another person who would be entitled to appeal against the decision.

(2) An application for permission to intervene—

(a) may be made before the end of the period of one week beginning with the day of publication of the CMA's decision to grant permission to appeal against the decision;

(b) may be made after the end of that period only with the leave of an authorised member of the CMA.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) The persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) any other person with a qualifying interest in the decision that is the subject of the appeal;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to intervene

5

(1) The decision of the CMA on an application for permission to intervene is to be taken by an authorised member of the CMA.

(2) An authorised member of the CMA may grant permission to intervene in an appeal only if the member is satisfied that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.

(3) The authorised member—

(a) may grant permission to intervene for the purposes of supporting or opposing an appeal;

(b) must make any permission to intervene for the purpose of supporting an appeal subject to conditions preventing the intervener from putting forward new grounds of appeal;

(c) may make permission to intervene subject to other conditions, including conditions which limit the matters that may be raised by the intervener.

(4) An authorised member of the CMA must—

(a) publish the decision on an application for permission to intervene and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (5).

(5) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(6) An authorised member of the CMA may exclude from publication under sub-paragraph (4) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

PART 3 — Application for suspension of modification

Application for direction suspending licence modification

6

(1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for a direction suspending the effect of the decision may be made to the CMA—

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against the decision.

(2) An application for a direction may be made at any time before the determination of the appeal.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Effect of early application for direction suspending licence modification

7

(1) This paragraph applies if—

(a) an application is made under paragraph 6 for a direction suspending the effect of a decision under section 11(1) to modify a licence condition,

(b) the application is made before the end of the period of six weeks beginning with the day on which the CAA published the decision notice, and

(c) the modification would have effect, but for this paragraph, before the end of the period of ten weeks beginning with that day (“the ten-week period”).

(2) The modification does not have effect during the ten-week period.

(3) The decision of the CMA on the application under paragraph 6 must be taken before the end of the ten-week period.

Direction following application under paragraph 6

8

(1) The functions of the CMA in relation to an application under paragraph 6 for a direction are to be carried out by an authorised member of the CMA.

(2) An authorised member of the CMA may give a direction suspending the effect of a decision under section 11(1) to include a condition in a licence only if—

(a) the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

(b) the balance of convenience does not otherwise require the licence condition to have effect from that date.

(3) If the authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) An authorised member of the CMA may by notice vary or withdraw a direction under this paragraph if the authorised member considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions

9

(1) An authorised member of the CMA must—

(a) publish a decision on an application under paragraph 6 for a direction and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (4).

(2) Where paragraph 7 applies, the requirements of sub-paragraph (1) must be complied with before the end of the ten-week period referred to in that paragraph.

(3) An authorised member of the CMA must—

(a) publish any notice varying or withdrawing a direction under paragraph 8 and the reasons for the variation or withdrawal;

(b) send a copy of the notice and reasons to the persons listed in sub-paragraph (4).

(4) Those persons are—

(a) the holder of the licence that is the subject of the application or direction;

(b) if the application for the direction was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

Time limit for CAA to make representations

10

(1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 6 for a direction.

(2) In a case to which paragraph 7 applies, the CAA must make the representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) In any other case—

(a) an authorised member of the CMA must specify a reasonable period for making representations;

(b) the CAA must make the representations in writing before the end of that period.

(4) In all cases, the CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 4 — Determination of appeals

Determination of appeal by group

11

(1) A group constituted by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the CMA with respect to an appeal under section 19A must consist of three members of the CMA panel.

(2) A decision of the group is effective only if—

(a) all of the members are present when it is made, and

(b) at least two members of the group are in favour of the decision.

Representations made by the CAA

12

(1) This paragraph applies where an application for permission has been granted and the CAA makes representations to the CMA for the purposes of the appeal under section 19A.

(2) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence holder, the appellant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Matters that may be disregarded

13

(1) The CMA may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless they are matters contained in representations made to the CMA—

(a) in accordance with paragraph 10, or

(b) before the end of the period of 12 weeks beginning with the day on which the decision notice was published.

(2) The CMA may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the appellant—

(a) at the time of the application under paragraph 1 for permission to appeal, or

(b) in an application under paragraph 6 for a direction.

(3) The CMA may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the intervener—

(a) at the time of the application for permission to intervene under paragraph 4, or

(b) in an application under paragraph 6 for a direction.

Remitting decision to CAA

14

(1) This paragraph applies where the CMA decides to remit a matter that is the subject of an appeal under section 19A to the CAA for reconsideration and decision.

(2) Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 11A(5) in respect of the modification may, with the agreement of the licence holder, specify a date falling—

(a) before the end of the period of six weeks beginning with the date on which the notice is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

Substituting the CAA's decision

15

(1) This paragraph applies where the CMA decides to substitute its own decision for a decision of the CAA that is the subject of an appeal under section 19A.

(2) The decision of the CMA has effect as if made by the CAA except that—

(a) section 11A(5) does not apply;

(b) an appeal may not be brought against it under section 19A.

(3) Any modification of a licence effected by the CMA takes effect from the date specified by the CMA.

(4) The CMA may, with the agreement of the licence holder, specify a date falling—

(a) before the date on which the order containing its decision is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

PART 5 — General

Consideration of new matters

16

(1) This paragraph applies to—

(a) an authorised member of the CMA with the function of determining an application for permission to appeal under section 19A;

(b) a group with the function of determining an appeal under that section.

(2) The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or the appeal, unless the member or group considers that—

(a) the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(3) The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that—

(a) the person or a relevant connected person could not reasonably have raised the matter with the CAA, or provided the information or evidence to the CAA, during the period in which the CAA was making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(4) Where the member or group has regard to any matter, information or evidence in reliance on sub-paragraph (2) or (3), those sub-paragraphs do not prevent the member or group having regard to further matters, information or evidence raised or provided in response to it if the member or group considers that the further matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(5) In sub-paragraph (3) “relevant connected person”, in relation to a person who raises or provides a matter, information or evidence, means a person who was connected to that person at any time during the period in which the CAA was making the decision that is the subject of the application or appeal.

(6) References in this paragraph to the period in which the CAA was making a decision are to the period—

(a) beginning with the publication of a notice under section 11A(1) proposing to make the modification, and

(b) ending with the publication of a notice under section 11A(5) in relation to that modification.

Production of documents

17

(1) The CMA may by notice require a person to produce to it documents specified or described in the notice that are in the person's custody or under the person's control.

(2) In this paragraph “document” means anything in which information is recorded.

(3) The notice may require the production of documents—

(a) at a time and place specified in the notice;

(b) in a form and manner specified in the notice.

(4) The notice may not require a person to produce documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

(5) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Oral hearings

18

(1) For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath—

(a) an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(d) a group with the function of determining an appeal under section 19A.

(2) In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.

(3) An authorised member of the CMA may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) at that time and place, to give evidence to a member or group described in sub-paragraph (1).

(4) At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations—

(a) the applicant, the appellant or any intervener (if present);

(b) a person attending a hearing as a representative of the applicant, the appellant, an intervener or the CAA.

(5) Subject to sub-paragraph (6), a person who gives oral evidence at the hearing may be cross-examined by or on behalf of—

(a) the appellant;

(b) an intervener;

(6) Such a person may be cross-examined by or on behalf of an intervener only with the leave of the member or group conducting the hearing.

(7) If the applicant, the appellant, an intervener or a representative of any such person or the CAA is not present at a hearing—

(a) there is no requirement to give notice to that person under sub-paragraph (3);

(b) the member or group conducting the hearing may determine the application or appeal without hearing that person's evidence or representations.

(8) A person may not be required under this paragraph to give evidence that the person could not be compelled to give in civil proceedings before the High Court or, in Scotland, the Court of Session.

(9) Where a person is required under this paragraph to attend at a place more than 16 kilometres from the person's place of residence, an authorised member of the CMA must arrange for the person to be paid the necessary expenses of attendance.

(10) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Written evidence

19

(1) The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice—

(a) to an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) to an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(d) to a group with the function of determining an appeal under section 19A.

(2) The notice may require the written statement—

(a) to be produced at the time and place specified in the notice;

(b) to be verified by a statement of truth.

(3) Where a notice requires a written statement to be verified by a statement of truth, the written statement may be disregarded unless it is so verified.

(4) A person may not be required under this paragraph to produce a written statement about a matter if the person could not be compelled to give evidence about that matter in civil proceedings before the High Court or, in Scotland, the Court of Session.

(5) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Expert advice

20

Where permission to appeal is granted under paragraph 2, the CMA may commission expert advice with respect to any matter raised by—

(a) the appellant,

(b) an intervener, or

Enforcement of requirements in relation to evidence etc

21

(1) This paragraph applies where a person—

(a) fails to comply with a notice under paragraph 17, 18 or 19,

(b) fails to comply with any other requirement imposed under paragraph 17, 18 or 19,

(c) in complying with a notice under paragraph 19, makes a statement that is false or misleading in a material respect, or

(d) in providing information verified by a statement of truth required by appeal rules under paragraph 23, provides information that is false or misleading in a material respect.

(2) An authorised member of the CMA may certify to the appropriate court—

(a) the failure,

(b) the fact that the person has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or

(c) the fact that the person has provided false or misleading information in circumstances described in sub-paragraph (1)(d).

(3) The appropriate court may inquire into a certified failure or act and, if it does so, must hear—

(a) any witness against the person;

(b) any witness on behalf of the person;

(4) The appropriate court may punish the person as if the person had been guilty of contempt of court if it is satisfied that—

(a) the certified failure or act took place, and

(b) the person did not have a reasonable excuse for the failure or act.

(5) Where the person is a body corporate, the appropriate court may punish any director or other officer of that body, either instead or as well as punishing the body.

(6) In this paragraph—

“the appropriate court”—in relation to England and Wales and Northern Ireland, means the High Court;in relation to Scotland, means the Court of Session;

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Withdrawal of applications and appeals

22

(1) An application under paragraph 1 for permission to appeal may be withdrawn only with the consent of the CMA.

(2) After an application for permission to appeal is granted, the appeal may be withdrawn only with the consent of the CMA.

(3) An application under paragraph 4 for permission to intervene may be withdrawn only with the consent of the CMA.

(4) After an application for permission to intervene is granted, the intervener may withdraw from the appeal only with the consent of the CMA.

(5) For the purposes of sub-paragraphs (1) to (4), the consent of the CMA may be given by an authorised member of the CMA.

(6) Where the CMA has consented, the person wishing to withdraw the application or appeal, or withdraw as an intervener, may give notice of withdrawal to the CMA.

(7) An application under paragraph 6 for a direction suspending the effect of a decision may be withdrawn at any time by giving notice of withdrawal to the CMA.

(8) Withdrawal of an application under this Schedule or of an appeal, or as an intervener in an appeal, has effect when the notice of withdrawal is given to the CMA.

(9) A person giving notice of withdrawal to the CMA must send a copy of the notice to the CAA.

(10) The CAA must—

(a) publish the notice;

(b) send a copy of it to the persons listed in sub-paragraph (11) (other than the person who gave the notice).

(11) Those persons are—

(a) the holder of the licence that is the subject of the application or appeal;

(b) any other person with a qualifying interest in the decision that is the subject of the application or appeal;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Appeal Rules

23

(1) The CMA Board may make rules regulating the conduct and disposal of appeals.

(2) The rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides.

(3) The rules may, in particular, include—

(a) provision requiring an application to be accompanied by information specified in the rules;

(b) provision requiring such information to be verified by a statement of truth;

(d) provision imposing time limits or other restrictions on the taking of evidence at an oral hearing;

(e) provision imposing time limits or other restrictions on the making of representations or observations at such a hearing.

(4) The rules may make different provision for different purposes.

(5) Before making rules under this paragraph the CMA Board must consult any persons that it considers appropriate.

(6) The CMA Board must publish the rules made under this paragraph.

Costs

24

(1) Where an application under this Schedule or an appeal is withdrawn, an authorised member of the CMA may make any order that the member thinks fit requiring the parties to the application or appeal to make payments to each other and to the CMA in respect of costs incurred in connection with the application or appeal.

(2) A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.

(3) Subject to sub-paragraph (4), an order under sub-paragraph (2) must require those costs to be paid—

(a) where the appeal is allowed in full, by the CAA;

(b) where the appeal is dismissed in full, by the appellant;

(c) where the appeal is allowed in part, by the appellant and the CAA in such proportions as the group considers appropriate.

(4) The order may require an intervener in the appeal to pay such proportion of those costs (if any) as the group considers appropriate.

(5) A group that determines an appeal may make any order that it thinks fit requiring one party to the appeal to make payments to another in respect of costs reasonably incurred by the other party in connection with the appeal.

(6) A person who is required to make a payment by an order under this paragraph must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.

(7) If that person does not do so, the unpaid balance carries interest at a rate specified in the order or determined in accordance with it.

(8) In this paragraph, references to an intervener in an appeal, and to a party to an appeal, include a person who was granted permission to intervene in an appeal and subsequently withdrew from the appeal.

Secretary of State's power to modify time limits

25

The Secretary of State may by regulations modify any period of time specified in this Schedule.

Publication etc

26

Where the CAA, the CMA or an authorised member of the CMA is required by this Schedule to publish something or send a copy of something and this Schedule does not specify a time for doing so, it must be published or sent as soon as practicable.

Interpretation

27

(1) In this Schedule—

“appeal” means an appeal under section 19A;

“authorised member of the CMA” has the meaning given in sub-paragraph (2);

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

“intervener”, in relation to an appeal, means a person who has been granted permission to intervene in the appeal and who has not withdrawn from the appeal;

“prescribed aerodrome” has the meaning given in section 19A(3);

“statement of truth”, in relation to the production of a statement or in relation to information provided by a person, means a statement that the person producing that statement or providing that information believes the facts contained in the statement or the information to be true.

(2) In this Schedule “authorised member of the CMA”—

(a) in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; and

(b) in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has not been so constituted by the chair of the CMA, means—

(i) any member of the CMA Board who is also a member of the CMA panel, or

(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

(3) For the purposes of this Schedule and sections 19D and 19E, a person has a qualifying interest in a decision that is the subject of an appeal or an application under this Schedule if—

(a) the person has been granted permission to appeal against the decision and has not withdrawn the appeal,

(b) the person has applied for permission to appeal against the decision and the application has not been withdrawn or refused,

(c) the person has been granted permission to intervene in an appeal against the decision and the appeal has not been withdrawn,

(d) the person has applied for permission to intervene in an appeal against the decision and the application has not been withdrawn or refused, or

(e) the person has applied for a direction under paragraph 6, the application has not been withdrawn or refused and any direction made in response to the application has not been withdrawn.

SCHEDULE B1

PART 1 — Enforcement

Contravention notices

1

(1) The CAA may give a notice under this paragraph (a “contravention notice”) to a licence holder if it has reasonable grounds for believing that the licence holder is contravening, or has contravened, a Chapter 1 requirement.

(2) In this Schedule “Chapter 1 requirement”, in relation to a licence holder, means—

(a) a duty imposed on the licence holder by section 8, or

(b) a licence condition of the licence holder's licence.

(3) A contravention notice must—

(a) specify the Chapter 1 requirement and contravention in respect of which it is given;

(b) explain the action that the CAA may take under this Schedule in connection with the contravention;

(c) explain that representations may be made about the matters in the notice before the end of the period specified in the notice.

(4) The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to sub-paragraph (5).

(5) The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.

(6) A contravention notice is given to a licence holder in respect of a repeated contravention if, in the period of two years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the licence holder of the same Chapter 1 requirement—

(a) gave the licence holder a contravention notice;

(b) gave the licence holder an enforcement order;

(d) imposed a penalty on the licence holder under paragraph 9 or 10.

(7) The CAA may extend the period specified in a contravention notice given to a licence holder on one or more occasions by giving a notice to that licence holder.

(8) The CAA may withdraw a contravention notice given to a licence holder at any time by giving a notice to the licence holder that includes its reasons for doing so.

(9) As soon as practicable after giving a notice under sub-paragraph (1), (7) or (8), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(10) A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.

(11) In this Schedule “representation period”, in relation to a contravention notice, means—

(a) the period specified in the contravention notice for making representations;

(b) where the period has been extended in accordance with sub-paragraph (7), the extended period.

Restrictions on giving contravention notices

2

(1) If the CAA gives a licence holder a contravention notice or an urgent enforcement order (see paragraph 5) in respect of a contravention, it may not subsequently give the licence holder a contravention notice in respect of the same contravention.

(2) Sub-paragraph (1) does not apply if—

(a) the CAA withdraws the first contravention notice without imposing a penalty on the person under paragraph 9, or

(b) the CAA revokes the urgent enforcement order without imposing a penalty on the licence holder under paragraph 10.

(3) Sub-paragraph (1) does not prevent the CAA giving a licence holder more than one contravention notice, or a contravention notice and urgent enforcement order, in respect of—

(a) contraventions of the same Chapter 1 requirement in different ways, or

(b) contraventions of the same Chapter 1 requirement at different times or during different periods.

Enforcement order

3

(1) The CAA may give an order under this paragraph (an “enforcement order”) to a licence holder if—

(a) it has given the licence holder a contravention notice (and has not withdrawn it),

(b) the representation period has ended,

(c) it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

(d) sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the CAA has determined that the licence holder is contravening a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice.

(3) This sub-paragraph is satisfied if the CAA has determined that the licence holder—

(a) has contravened a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice, and

(b) did not, before the end of the representation period, take all of the appropriate steps mentioned in sub-paragraph (6)(b).

(4) An enforcement order must—

(a) specify the Chapter 1 requirement and contravention in respect of which it is given;

(b) require the licence holder to take any appropriate steps that are specified in the order;

(d) give the CAA's reasons for giving the order.

(5) As soon as practicable after giving an enforcement order, the CAA must—

(a) publish the order;

(b) send a copy of the order to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(6) In this paragraph “appropriate steps”, in relation to a contravention of a Chapter 1 requirement, means steps that the CAA has determined are appropriate—

(a) for complying with the requirement, and

(b) for remedying the consequences of the contravention.

Enforcement order: modification and revocation

4

(1) The CAA may—

(a) modify an enforcement order with the agreement of the licence holder to whom it was given, or

(b) revoke an enforcement order.

(2) Before modifying or revoking the order, the CAA must—

(a) publish a notice in relation to the proposed modification or revocation;

(b) send a copy of the notice to the licence holder to whom the order was given;

(3) The notice under sub-paragraph (2) must—

(a) state that the CAA proposes to modify or revoke the order;

(b) specify the proposed modification (if relevant);

(d) specify a reasonable period for making representations.

(4) As soon as practicable after modifying or revoking an enforcement order, the CAA must—

(a) publish a notice giving details of the modification or revocation;

(b) send a copy of the notice to the persons listed in sub-paragraph (5).

(5) The persons are—

(a) the licence holder to whom the enforcement order was given;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(d) the Secretary of State.

Urgent enforcement order

5

(1) The CAA may give an order under this paragraph (an “urgent enforcement order”) to a licence holder if sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

(a) the licence holder is contravening, or has contravened, a Chapter 1 requirement,

(b) the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem—

(i) for owners or operators of aircraft, or

(ii) for owners or managers of aerodromes, and

(3) This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

(a) the licence holder is likely to contravene a Chapter 1 requirement,

(b) the contravention is likely to result in, or create an immediate risk of, a problem described in sub-paragraph (2)(b), and

(c) it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.

(4) An urgent enforcement order must—

(a) specify the Chapter 1 requirement and the contravention in respect of which it is given;

(b) require the licence holder to take any appropriate steps that are specified in the order;

(d) give the CAA's reasons for giving the order.

(5) As soon as practicable after giving an urgent enforcement order, the CAA must—

(a) publish the order;

(b) send a copy of the order to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(6) In this paragraph “appropriate steps”—

(a) in relation to a contravention of a Chapter 1 requirement that has occurred or is occurring, means steps that the CAA has determined are appropriate—

(i) for complying with the requirement, and

(ii) for remedying the consequences of the contravention;

(b) in relation to a contravention of a Chapter 1 requirement that is likely to occur, means steps that the CAA has determined are appropriate for securing that the contravention does not occur.

Urgent enforcement order: confirmation

6

(1) As soon as practicable after giving an urgent enforcement order, the CAA must—

(a) confirm the order, or

(b) revoke the order (see paragraph 7).

(2) The CAA may confirm an urgent enforcement order with or without modifications.

(3) The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(2) only if it has determined that—

(a) the licence holder is contravening, or has contravened, a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,

(b) the contravention has resulted in, or creates an immediate risk of, a problem described in paragraph 5(2)(b), and

(c) it is appropriate to confirm the urgent enforcement order, with any modifications, to prevent, remove or reduce that problem or risk.

(4) The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(3) only if—

(a) it has determined that paragraphs (a) to (c) of sub-paragraph (3) of this paragraph are satisfied, or

(b) it has determined that—

(i) the licence holder is likely to contravene a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,

(ii) the contravention is likely to result in, or create an immediate risk of, a problem described in paragraph 5(2)(b), and

(iii) it is appropriate to confirm the urgent enforcement order, with any modifications, in order to prevent, or reduce the likelihood of, that problem or risk arising.

(5) Before confirming an urgent enforcement order, the CAA must—

(a) publish a notice in relation to the proposal to confirm the order;

(b) send a copy of the notice to the licence holder to whom the order was given;

(6) The notice under sub-paragraph (5) must—

(a) state that the CAA proposes to confirm the order;

(b) specify any proposed modifications of the order;

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