Civil Aviation Act 2012

(1) The Secretary of State may by regulations make provision so as to secure— (a) that a person does not in the United Kingdom make available flight accommodation, either as principal or agent, unless the person meets the condition in subsection (1A) or (1B); (b) that a person does not in the United Kingdom hold himself or herself out as one who may make flight accommodation available, either as principal or agent or without disclosing the person's capacity, unless the person meets the condition in subsection (1A) or (1B); (c) that a person (“A”) acting as an agent for another person (“B”), in the course of a business carried on by A, does not in the United Kingdom procure flight accommodation on behalf of B unless A meets the condition in subsection (1A); (d) that a person (“P”) acting in the course of a business carried on by P does not in the United Kingdom facilitate the making available of flight accommodation by another person in circumstances in which one or more prescribed arrangements relating to payment apply, unless P meets the condition in subsection (1A). (1A) A person meets the condition in this subsection if the person— (a) holds and acts in accordance with a licence issued in pursuance of the regulations, or (b) is exempt from the need to hold a licence as a result of provision made by or under the regulations. (1B) A person meets the condition in this subsection if the person— (a) is the operator of the aircraft on which flight accommodation is made available, and (b) in making the flight accommodation available is acting as a flight-only provider. (1C) The regulations may make provision for the purposes of subsection (1B) about when the operator of an aircraft acts as a flight-only provider. (1D) The arrangements relating to payment that may be prescribed under subsection (1)(d) are any arrangements under which P makes or receives payment, or facilitates the making or receipt of payment by another person, in connection with the making available of the flight accommodation.

• (3) In subsection (2)—

• (a) in paragraph (b), for the words from “the minimum charges” to the end substitute “ goods, services and other benefits which are or are not to be provided by any person in prescribed circumstances; ”, and

• (b) omit paragraph (f).

• (4) After subsection (2) insert—

(3) The Secretary of State may by regulations make provision— (a) imposing requirements to be complied with by persons holding licences issued in pursuance of regulations under subsection (1), or by prescribed descriptions of such persons, which may include requirements as to goods, services or other benefits which are or are not to be provided by any person in prescribed circumstances; (b) about rights of action in respect of contraventions of requirements imposed by virtue of paragraph (a); (c) imposing criminal penalties for contraventions of such requirements. (4) Regulations made by virtue of subsection (3)(c) may not provide for penalties exceeding, in the case of each contravention— (a) on summary conviction, a fine of the statutory maximum; (b) on conviction on indictment, a fine and imprisonment for a term not exceeding 2 years. (5) In this section “flight accommodation” means accommodation for the carriage of persons on flights in any part of the world.

• (5) In consequence of the above—

• (a) in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982 (contributions by licence holders to Air Travel Trust) for “71” substitute “ 71(1) ”;

• (b) in section 99(4) of that Act (offences) for “71” substitute “ 71(1) or (3) ”.

CAA membership

CAA membership

95

• (1) In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection (2) substitute—

(2) The CAA is to consist of at least seven but not more than sixteen members. (2A) It is to consist of— (a) a person appointed to chair the CAA (“the chair”) and other non-executive members, and (b) a chief executive and other executive members. (2B) The chair and other non-executive members are to be appointed by the Secretary of State. (2C) The Secretary of State may appoint a deputy chair from among the non-executive members. (2D) The chief executive is to be appointed by the non-executive members with the approval of the Secretary of State. (2E) Other executive members are to be appointed by the chief executive with the approval of— (a) the chair, and (b) at least one other non-executive member. (2F) The Secretary of State and the chief executive must exercise their powers under this section to secure that, so far as practicable, the number of non-executive members exceeds the number of executive members.

• (2) In paragraph 12 of Schedule 1 to that Act (CAA staff), at the beginning insert “ Subject to section 2, ”.

• (3) In paragraph 18 of that Schedule (interpretation of additional provisions relating to constitution, etc of CAA), for the words from “ “the chairman”” to “the CAA and” substitute

— (a) chair”, “deputy chair”, “member”, “executive member” and “non-executive member” mean respectively the chair, the deputy chair, a member, an executive member and a non-executive member of the CAA, and (b)

.

Non-executive members of CAA

96

• (1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.

• (2) For the heading immediately before paragraph 1 substitute— “ Appointment and tenure of non-executive members ”.

• (3) In paragraphs 1 to 4 for “a member”, in each place, substitute “ a non-executive member ”.

• (4) In paragraph 1(b) for “each member” substitute “ each non-executive member ”.

• (5) In paragraphs 2 to 4 for “the chairman or a deputy chairman”, in each place, substitute “ the chair or deputy chair ”.

• (6) In paragraph 5 for sub-paragraph (1) substitute—

(1) The Secretary of State may by notification in writing remove a non-executive member from office if the Secretary of State is satisfied that the member— (a) has a financial or other interest that is likely to affect prejudicially the performance of the member's functions, (b) has become bankrupt or made an arrangement with the member's creditors, (c) is a person in respect of whom a debt relief order has been made under Part 7A of the Insolvency Act 1986, (d) is failing, or has failed, to perform the functions of a non-executive member, or (e) is otherwise unable or unfit to perform those functions.

• (7) For the heading immediately before paragraph 6 substitute— “ Remuneration etc of non-executive members ”.

• (8) In paragraph 6—

• (a) for “member” substitute “ non-executive member ”, and

• (b) omit “with the consent of the Treasury”.

• (9) In paragraph 7—

• (a) omit “with the consent of the Treasury”,

• (b) for “pensions, allowances or gratuities to or in respect of” substitute “ allowances to ”,

• (c) for “members” substitute “ non-executive members ”, and

• (d) omit sub-paragraph (2).

• (10) In paragraph 8—

• (a) for “member” substitute “ non-executive member ”, and

• (b) omit “with the consent of the Treasury” in both places.

• (11) Omit paragraph 13(2) (member's participation in employee pension scheme).

Executive members of CAA

97

• (1) Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.

• (2) After paragraph 8 insert—

(8A) (1) The chief executive is to be employed on such terms and conditions as the non-executive members may determine. (2) Other executive members are to be employed on such terms and conditions as the chief executive may determine with the approval of the chair and at least one other non-executive member. (3) In sub-paragraphs (1) and (2) references to terms and conditions include terms and conditions as to remuneration and the payment of pensions, allowances or gratuities. (4) The CAA shall make provision for the payment of pensions, allowances and gratuities to or in respect of executive members in accordance with their terms and conditions.

• (3) In paragraph 12 (staff)—

• (a) after “a reference to” insert

a person who is— (a) an executive member, or (b)

, and

• (b) at the end insert “ (referred to in this Act as a “general employee”) ”.

• (4) In paragraph 13(1) (payment of pensions, allowances and gratuities) for “its employees” substitute “ its general employees ”.

• (5) In Schedule 3 to that Act (matters arising out of certain transfers to the CAA), in paragraph 2(1) for “an employee” substitute “ a general employee ”.

CAA’s air navigation functions

98

• (1) In section 66 of the Transport Act 2000 (CAA's air navigation functions), for subsection (3) substitute—

(3) The chief executive of the CAA must, with the approval of the chair and at least one other non-executive member of the CAA, nominate another executive member of the CAA for the purposes of this section. (3A) A person nominated under subsection (3) must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify. (3B) The chief executive must consult the Secretary of State before nominating a person under subsection (3).

• (2) In section 67 of that Act (national security nominee), in subsection (1) for “member” substitute “ non-executive member ”.

Transitional and saving provision

99

Schedule 14 (CAA membership: transitional and saving provision) has effect.

Further provision about CAA

CAA charges

100

• (1) Section 11 of the Civil Aviation Act 1982 (schemes and regulations determining CAA's charges) is amended as follows.

• (2) In subsection (1) omit “, after consultation with the Secretary of State,”.

• (3) After that subsection insert—

(1A) Before making a scheme under this section, the CAA must— (a) consult the persons who, in its opinion, are likely to be affected by the scheme or such of those persons as it thinks fit, and (b) after consulting those persons, consult the Secretary of State.

• (4) In subsection (2) for “sixty days” substitute “ 14 days ”.

• (5) After subsection (3) insert—

(3A) Before making regulations under this section, the Secretary of State must consult the persons who, in the Secretary of State's opinion, are likely to be affected by the regulations or such of those persons as the Secretary of State thinks fit. (3B) Subsection (3A) does not apply if the Secretary of State is satisfied that such consultation is unnecessary having regard to consultation carried out by the CAA in accordance with subsection (1A).

• (6) In section 16 of that Act (provision by CAA of assistance etc for Secretary of State and others), in subsection (4A)—

• (a) after “with” insert

— (a)

, and

• (b) at the end insert

, or (b) the making of regulations under section 11(3).

• (7) In section 17 of that Act (provision by CAA of information etc for Secretary of State), at the end insert—

(4) Subsection (3) above does not apply in relation to information furnished to the Secretary of State in connection with the making of regulations under section 11(3).

Criminal proceedings

101

In section 20 of the Civil Aviation Act 1982 (supplementary provisions with respect to the functions of CAA), after subsection (1) insert—

(1A) The power conferred on the CAA by subsection (1)(a) includes power to institute and carry on criminal proceedings in England and Wales or Northern Ireland.

CAA efficiency

102

• (1) Section 21 of the Civil Aviation Act 1982 (annual report) is amended as follows.

• (2) In subsection (2), after paragraph (d) insert—

(e) shall contain a statement by the CAA about efficiency in the performance of its functions (an “efficiency statement”); (f) shall contain the auditors' assessment mentioned in subsection (2B).

• (3) After subsection (2) insert—

(2A) The Secretary of State may from time to time give directions about matters that must be covered in an efficiency statement, including matters relating to the plans or the past or present activities of the CAA. (2B) The auditors appointed under section 15(2) in respect of an accounting year must produce an assessment of the efficiency statement for that year.

Civil sanctions

103

• (1) Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) is amended as follows.

• (2) In Schedule 5 (designated regulators) at the appropriate place insert— “ Civil Aviation Authority ”.

• (3) In Schedule 7 (powers under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert— “ Civil Aviation Act 1982, sections 7, 61, 71, 71A, 86 ”.

Regulatory burdens

104

• (1) Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to which duty not to impose or maintain unnecessary burdens applies) is amended as follows.

• (2) In subsection (1), after paragraph (a) insert—

(aa) the regulatory functions specified in subsection (2A),

.

• (3) After subsection (2) insert—

(2A) The regulatory functions referred to in subsection (1)(aa) are the regulatory functions exercised by the Civil Aviation Authority under— (a) Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services); (b) Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of operators of dominant airports).

• (4) In subsection (3) for “subsection (2)” substitute “ subsection (2) or (2A) ”.

Disclosure of medical information

105

• (1) Section 23 of the Civil Aviation Act 1982 (disclosure of information) is amended as follows.

• (2) In subsection (1) for “subsection (4)” substitute “ subsections (4) and (4A) ”.

• (3) After subsection (4) insert—

(4A) Nothing in subsection (1) above prohibits the disclosure of medical information provided to the CAA in accordance with an Air Navigation Order if— (a) the disclosure is for the purposes of medical research approved by a research ethics committee, (b) the CAA considers that the research is likely to improve understanding of risks to the health of the types of individual who are required by an Air Navigation Order to provide medical information to the CAA, (c) the CAA considers that it would be difficult or expensive to take the steps necessary to enable all of the information to be disclosed in reliance on subsection (1), and (d) the information disclosed is anonymised. (4B) For the purposes of subsection (4A)(d), information is anonymised if no individual can be identified— (a) from that information, or (b) from that information and any other information which the CAA has reasonable grounds for believing is likely to be in the possession of the person to whom it is disclosed or is likely to come into that person's possession.

• (4) After subsection (6) insert—

(7) In this section “research ethics committee” means a committee which is— (a) established to advise on the ethics of research investigations in human beings, and (b) recognised for that purpose by the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland or by a body comprising two or more of those persons.

Miscellaneous

Dangerous flying

106

• (1) Section 81 of the Civil Aviation Act 1982 (dangerous flying) is repealed.

• (2) In consequence of subsection (1), that Act is amended in accordance with subsections (3) to (7).

• (3) In section 76 (liability of aircraft in respect of trespass etc), in subsection (1) omit the words “and there has been no breach of section 81 below”.

• (4) In section 92 (application of criminal law to aircraft), in the definition of “the air navigation enactments” in subsection (5), for “81 to” substitute “ 82, ”.

• (5) In section 101 (power to apply certain provisions to Crown aircraft), in subsection (2) omit “81,”.

• (6) In Part 3 of Schedule 13 (subordinate instruments: supplemental powers), in paragraph 4(2) omit “81,”.

• (7) In Schedule 14 (transitional and transitory provisions and savings), in paragraph 7 omit “81,”.

Offences under Civil Aviation Act 1982

107

• (1) Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows.

• (2) In subsection (4)—

• (a) for “or under” substitute “ , under ”, and

• (b) at the end insert “ or under an Air Navigation Order ”.

• (3) In subsection (5) omit paragraphs (c) and (d).

PART 3 — Final provisions

Power to make consequential and transitional provision

108

• (1) The Secretary of State may by regulations make consequential, transitional, transitory or saving provision in relation to any provision of this Act.

• (2) The regulations may, in particular, amend, repeal, revoke or otherwise modify legislation.

• (3) Regulations under this section are to be made by statutory instrument.

• (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In this section—

• “legislation”, in relation to regulations made in relation to a provision of this Act, means—an enactment passed before the end of the Session in which this Act is passed, including an enactment contained in this Act, andan instrument made under an enactment before the provision of this Act comes into force;

• “enactment” means an enactment contained in—an Act,an Act or Measure of the National Assembly for Wales,an Act of the Scottish Parliament, orNorthern Ireland legislation.

Financial provision

109

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

110

• (1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (4).

• (2) The following provisions come into force on the day on which this Act is passed—

• (a) paragraphs 1 and 7 of Schedule 10 and section 76(5) so far as it relates to those paragraphs, and

• (b) this Part.

• (3) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) sections 83 to 93 and Schedule 13,

• (b) section 94,

• (c) sections 95 to 99 and Schedule 14,

• (d) section 101, and

• (e) sections 105 to 107.

• (4) The day appointed for the coming into force of section 3 must fall on or after 1 April 2014, unless paragraph 3 of Schedule 10, or provision having equivalent effect, comes into force on or before the appointed day.

• (5) An order under this section must be made by statutory instrument.

• (6) An order under this section may—

• (a) appoint different days for different purposes, and

• (b) make transitional, transitory or saving provision.

Extent

111

• (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).

• (2) The amendments, repeals and revocations made by section 76 and Schedules 8 and 9 have the same extent as the provisions amended, repealed or revoked.

Channel Islands, Isle of Man and British overseas territories

112

• (1) The powers in section 108(1) of the Civil Aviation Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) are exercisable in relation to the amendments of that Act made by or under this Act.

• (2) The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) are exercisable in relation to the amendments of that Act made by or under this Act.

• (3) The power in section 107 of the Transport Act 2000 (extension outside United Kingdom) is exercisable in relation to the amendments of provisions listed in section 107(2) of that Act made by or under this Act.

Short title

113

This Act may be cited as the Civil Aviation Act 2012.

SCHEDULE 1

Appeals against determinations

1

• (1) The following may appeal to the Competition Appeal Tribunal against a market power determination in respect of an airport area—

• (a) a person who is the operator of the area at the time the determination is made, and

• (b) any other person whose interests are materially affected by the determination.

• (2) A person who is the subject of an operator determination may appeal to the Competition Appeal Tribunal against the determination.

• (3) The making of an appeal under this paragraph in respect of a determination does not suspend the effect of the determination, unless the Competition Appeal Tribunal orders otherwise.

Notice of appeal

2

• (1) An appeal under paragraph 1 against a determination must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.

• (2) The notice must be received by the Registrar before the end of the period of 60 days beginning with the relevant day.

• (3) In this paragraph “the relevant day” means the later of—

• (a) the day on which the CAA publishes the notice of the determination, and

• (b) the day on which the CAA publishes the reasons for the determination.

• (4) Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force—

• (a) as to the person to whom a notice of an appeal under paragraph 1 must be given;

• (b) providing that such a notice must be received within a longer or shorter period beginning with the relevant day.

Decisions on appeal

3

• (1) The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the market power determination or operator determination appealed against was wrong on one or more of the following grounds—

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

• (b) that the determination was wrong in law;

• (c) that an error was made in the exercise of a discretion.

• (2) It may—

• (a) confirm or set aside all or part of the market power determination or operator determination;

• (b) direct the CAA to make a further determination;

• (c) give the CAA such other directions as it considers appropriate, including directions about the time within which the CAA must act.

• (3) It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.

• (4) The CAA must comply with directions under this paragraph.

• (5) If the CAA fails to comply with a direction to make a further market power determination in respect of an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.

• (6) If the Competition Appeal Tribunal makes a market power determination under sub-paragraph (5)—

• (a) the determination has effect as if made by the CAA, and

• (b) section 8 applies in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.

• (7) If the CAA fails to comply with a direction to make a further operator determination in respect of a person and an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.

• (8) If the Competition Appeal Tribunal makes an operator determination under sub-paragraph (7)—

• (a) the determination has effect as if made by the CAA under section 10(1), and

• (b) sections 10(2) and 11(1) to (3) and (5) apply in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.

Effect of suspending or setting aside market power determination

4

• (1) This paragraph applies where—

• (a) the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),

• (b) the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,

• (c) determination A ceases to have effect in respect of all or part of area Z by virtue of section 7(9) or (10), and

• (d) there is subsequently an appeal under this Schedule against determination B.

• (2) If the effect of determination B is suspended under paragraph 1(3), determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

• (3) If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

• (4) If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.

• (5) If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.

• (6) Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.

• (7) Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.

Appeals to Competition Appeal Tribunal: supplementary

5

• (1) When deciding an appeal under paragraph 1 (including giving directions), making an order under paragraph 1 or 4 or making a market power determination or operator determination, the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.

• (2) When deciding an appeal under paragraph 1 relating to a market power determination (including giving directions) or making such a determination, the Competition Appeal Tribunal must have regard to the notices, guidance, advice and information described in section 6(10).

Further appeals

6

• (1) An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 3 or 4(3) or (4), including a direction.

• (2) An appeal under this paragraph against a decision relating to a market power determination may be brought by—

• (a) a party to the proceedings before the Competition Appeal Tribunal, or

• (b) a person whose interests are materially affected by the decision or direction.

• (3) An appeal under this paragraph against a decision relating to an operator determination may be brought by a party to the proceedings before the Competition Appeal Tribunal.

• (4) An appeal may not be brought under this paragraph without the permission of—

• (a) the Competition Appeal Tribunal, or

• (b) the appropriate court.

• (5) “The appropriate court” means—

• (a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, the Court of Appeal, or

• (b) in the case of an appeal from proceedings in Scotland, the Court of Session.

SCHEDULE 2

PART 1 — Permission to appeal

Application for permission to appeal

1

• (1) An application for permission to appeal under section 24 or 25 against a decision in respect of a licence may not be made after the end of the period of 6 weeks beginning with the day on which the CAA published the relevant notice.

• (2) In this paragraph “the relevant notice” means—

• (a) in the case of an application for permission to appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and

• (b) in the case of an application for permission to appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the application.

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

• (4) The CAA must—

• (a) publish the application, and

• (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, and

• (c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Determination of application for permission to appeal

2

• (1) The decision of the Competition and Markets Authority on an application for permission to appeal is to be taken by an authorised member of the Competition and Markets Authority .

• (2) The authorised member must take the decision before the end of the period of 10 weeks beginning with the day on which the CAA published the relevant notice (as defined in paragraph 1).

• (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, and

• (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 Competition and Markets Authority 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 24 or 25 must grant it subject to conditions excluding 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), in relation to an applicant, “relevant connected person” means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the Competition and Markets Authority .

• (7) An authorised member of the Competition and Markets Authority must—

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

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

• (8) Those persons are—

• (a) the holder of the licence which is the subject of the application,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the application,

• (d) such bodies representing airport operators or providers of air transport services as the authorised member considers appropriate, and

• (e) the CAA.

• (9) Section 29(5) applies to the publication of a decision and reasons under this paragraph as it applies to the publication of an order containing a determination of an appeal.

Time limit for CAA to make representations

3

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

• (2) The CAA must make the representations in writing before the end of the period of 8 weeks beginning with the day on which the CAA publishes the relevant notice (as defined in paragraph 1).

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

• (a) the holder of the licence which is the subject of the application,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the application, and

• (d) such bodies representing airport operators or providers of air transport services as 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 Competition and Markets Authority by another person who would be entitled to appeal against the decision.

• (2) An application for permission to intervene may be made before the end of the period of 1 week beginning with the day of publication of the Competition and Markets Authority's decision to grant permission to appeal against the decision.

• (3) An application for permission to intervene may be made after the end of that period only with the leave of an authorised member of the Competition and Markets Authority.

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

• (5) The CAA must—

• (a) publish the application, and

• (b) send a copy of the application to the persons listed in sub-paragraph (6) (other than the applicant).

• (6) Those persons are—

• (a) the holder of the licence that is the subject of the application for permission to appeal,

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

• (c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Determination of application for permission to intervene

5

• (1) The decision of the Competition and Markets Authority on an application for permission to intervene is to be taken by an authorised member of the Competition and Markets Authority.

• (2) An authorised member of the Competition and Markets Authority may grant permission to intervene in an appeal only if 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 purposes 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 Competition and Markets Authority must—

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

• (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 which is the subject of the application,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the application,

• (d) such bodies representing airport operators or providers of air transport services as the authorised member considers appropriate, and

• (e) the CAA.

• (6) Section 29(5) applies to the publication of a decision and reasons under this paragraph as it applies to the publication of an order containing a determination of an appeal.

PART 3 — Automatic suspension of condition of new licence or modification

Automatic suspension of condition of new licence including exception for certain financial arrangements

6

• (1) Sub-paragraph (2) applies where—

• (a) the CAA decides to grant a licence under section 15,

• (b) an application is made for permission to appeal under section 24 against the CAA's decision to include a relevant financial arrangements condition in the licence, and

• (c) the relevant financial arrangements condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 15 (“the 10 week period”).

• (2) The relevant financial arrangements condition does not have effect during the 10 week period.

• (3) Sub-paragraph (4) applies where—

• (a) the CAA decides to grant a licence under section 15, and

• (b) the Competition and Markets Authority grants an application for permission to appeal under section 24 against the CAA's decision to include a relevant financial arrangements condition in the licence.

• (4) The relevant financial arrangements condition does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).

• (5) In this paragraph, “relevant financial arrangements condition” means a condition that is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force.

• (6) For the purposes of this paragraph, financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.

Automatic suspension of modification of existing licence involving exception for certain financial arrangements

7

• (1) Sub-paragraph (2) applies where—

• (a) the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition,

• (b) an application is made for permission to appeal under section 25 against the decision, and

• (c) the condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 22 (“the 10 week period”).

• (2) The relevant financial arrangements condition does not have effect during the 10 week period.

• (3) Sub-paragraph (4) applies where—

• (a) the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition, and

• (b) the Competition and Markets Authority grants permission to appeal against the decision.

• (4) The relevant financial arrangements condition does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).

• (5) In this paragraph, “relevant financial arrangements condition” has the same meaning as in paragraph 6.

8

• (1) Sub-paragraph (2) applies where—

• (a) the CAA decides under section 22 to modify a licence condition,

• (b) the decision is subject to the restrictions in section 23,

• (c) an application is made for permission to appeal under section 25 against the decision, and

• (d) the licence modification that is the subject of the decision would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 22 (“the 10 week period”).

• (2) The licence modification does not have effect during the 10 week period.

• (3) Sub-paragraph (4) applies where—

• (a) the CAA decides under section 22 to modify a licence condition,

• (b) the decision is subject to the restrictions in section 23, and

• (c) the Competition and Markets Authority grants permission to appeal against the decision.

• (4) The licence modification does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).

PART 4 — Application for suspension of condition of new licence or modification

Application for direction suspending condition of new licence

9

• (1) Where an application is made for permission to appeal against a decision under section 15 to include a condition in a licence, an application for a direction suspending the effect of the decision may be made to the Competition and Markets Authority —

• (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, and

• (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, and

• (c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Effect of early application for direction under paragraph 9

10

• (1) This paragraph applies if—

• (a) an application is made under paragraph 9 for a direction suspending the effect of a decision under section 15 to include a condition in a licence,

• (b) the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published the notice of the decision to grant the licence in accordance with section 15, and

• (c) the licence condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).

• (2) The licence condition does not have effect during the 10 week period.

• (3) The decision of the Competition and Markets Authority on the application under paragraph 9 must be taken before the end of the 10 week period.

Direction following application under paragraph 9

11

• (1) The functions of the Competition and Markets Authority in relation to an application under paragraph 9 for a direction are to be carried out by an authorised member of the Competition and Markets Authority.

• (2) An authorised member of the Competition and Markets Authority may give a direction suspending the effect of a decision under section 15 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 an 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 Competition and Markets Authority may by notice vary or withdraw a direction under this paragraph if he or she considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Application for direction suspending licence modification

12

• (1) Where an application for permission to appeal against a decision under section 22 to modify a licence condition is made, an application for a direction suspending the effect of the decision may be made to the Competition and Markets Authority—

• (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, and

• (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, and

• (c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Effect of early application for direction under paragraph 12

13

• (1) This paragraph applies if—

• (a) an application is made under paragraph 12 for a direction suspending the effect of a decision under section 22 to modify a licence condition,

• (b) the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published notice of that decision in accordance with that section, and

• (c) the modification would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).

• (2) The modification does not have effect during the 10 week period.

• (3) The decision of the Competition and Markets Authority on the application under paragraph 12 must be taken before the end of the 10 week period.

Direction following application under paragraph 12

14

• (1) The functions of the Competition and Markets Authority in relation to an application under paragraph 12 for a direction are to be carried out by an authorised member of the Competition and Markets Authority.

• (2) An authorised member of the Competition and Markets Authority may give a direction suspending the effect of a decision under section 22 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 an 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 Competition and Markets Authority may by notice vary or withdraw a direction under this paragraph if he or she 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

15

• (1) An authorised member of the Competition and Markets Authority must—

• (a) publish a decision on an application under paragraph 9 or 12 for a direction and the reasons for the decision, and

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

• (2) Where paragraph 10 or 13 applies, the requirements of sub-paragraph (1) must be complied with before the end of the 10 week period referred to in that paragraph.

• (3) An authorised member of the Competition and Markets Authority must—

• (a) publish any notice varying or withdrawing a direction under paragraph 11 or 14 and the reasons for the variation or withdrawal, and

• (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 which is the subject of the application or direction,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the application,

• (d) such bodies representing airport operators or providers of air transport services as the authorised member considers appropriate, and

• (e) the CAA.

• (5) Section 29(5) applies to the publication of a decision, notice or reasons mentioned in sub-paragraph (1) or (3) as it applies to the publication of an order containing a determination of an appeal.

Time limit for CAA to make representations

16

• (1) This paragraph applies where the CAA wishes to make representations to the Competition and Markets Authority in relation to an application under paragraph 9 or 12 for a direction.

• (2) In a case to which paragraph 10 or 13 applies, the CAA must make the representations in writing before the end of the period of 8 weeks beginning with the day on which the CAA published the relevant notice.

• (3) In sub-paragraph (2) “the relevant notice” means—

• (a) in the case of an application under paragraph 9, the notice published in accordance with section 15 of the decision to grant the licence, and

• (b) in the case of an application under paragraph 12, the notice published in accordance with section 22 of the decision that is the subject of the application.

• (4) In any other case—

• (a) an authorised member of the Competition and Markets Authority must specify a reasonable period for making representations, and

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

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

• (a) the holder of the licence which is the subject of the application,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the application, and

• (d) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

PART 5 — Appeals

Determination of appeal by group

17

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013,for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 must consist of 3 members of the CMA panel .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (b) at least 2 members of the group are in favour of the decision.

Replacing members of group

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representations made by the CAA

19

• (1) This paragraph applies where an application for permission to appeal has been granted and the CAA makes representations to the Competition and Markets Authority for the purposes of the appeal.

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

• (a) the holder of the licence which is the subject of the appeal,

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

• (c) any other person with a qualifying interest in the decision that is the subject of the appeal, and

• (d) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Matters that may be disregarded

20

• (1) The Competition and Markets Authority may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that an appeal is determined within the period allowed under section 28, unless they are matters contained in representations made to the Competition and Markets Authority—

• (a) in accordance with paragraph 16, or

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

• (2) In sub-paragraph (1) “the relevant notice” means—

• (a) in the case of an appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and

• (b) in the case of an appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the appeal.

• (3) The Competition and Markets Authority may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that an appeal is determined within the period allowed under section 28, 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 9 or 12 for a direction.

• (4) The Competition and Markets Authority may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that an appeal is determined within the period allowed under section 28, unless the matters were raised by the intervener—

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

• (b) in an application under paragraph 9 or 12 for a direction.

Remitting decision to CAA

21

• (1) This paragraph applies where the Competition and Markets Authority decides to remit a matter that is the subject of an appeal to the CAA for reconsideration and decision.

• (2) Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 22(6) in respect of the modification may, with the agreement of the holder of the licence, specify a date falling—

• (a) before the end of the period of 6 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.

• (3) Where, on reconsidering the matter, the CAA considers it appropriate to modify a licence by adding or altering a price cap condition in respect of goods and services—

• (a) sub-paragraph (4) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (4) and (6)) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and

• (b) sub-paragraph (6) applies if the proposed maximum charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.

• (4) Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the CAA considers appropriate.

• (5) The reference in sub-paragraph (4) to lower charges does not include charges of less than the proposed maximum charges.

• (6) Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the CAA considers appropriate.

• (7) The reference in sub-paragraph (6) to higher charges does not include charges of more than the proposed maximum charges.

• (8) For the purposes of this paragraph a licence condition is a price cap condition to the extent that it regulates prices by providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition.

• (9) In this paragraph “appeal period” has the same meaning as in section 28.

Substituting CAA’s decision

22

• (1) This paragraph applies where the Competition and Markets Authority decides to substitute its own decision for a decision of the CAA that is the subject of an appeal.

• (2) Section 23 applies to the Competition and Markets Authority as it applies to the CAA.

• (3) The decision of the Competition and Markets Authority has effect as if made by the CAA, except that—

• (a) section 22(6) does not apply, and

• (b) an appeal may not be brought against it under this Chapter.

• (4) Any modification of a licence effected by the decision of the Competition and Markets Authority takes effect from the date specified by the Competition and Markets Authority.

• (5) The Competition and Markets Authority may, with the agreement of the holder of the licence, 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.

• (6) Where the Competition and Markets Authority considers it appropriate to modify the licence by adding or altering a price cap condition in respect of goods and services—

• (a) sub-paragraph (7) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (7) and (9)) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and

• (b) sub-paragraph (9) applies if the proposed charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.

• (7) Where this sub-paragraph applies, the decision of the Competition and Markets Authority may modify the licence so that it includes such price cap conditions as the Competition and Markets Authority considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the Competition and Markets Authority considers appropriate.

• (8) The reference in sub-paragraph (7) to lower charges does not include charges of less than the proposed maximum charges.

• (9) Where this sub-paragraph applies, the decision of the Competition and Markets Authority may modify the licence so that it includes such price cap conditions as the Competition and Markets Authority considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the Competition and Markets Authority considers appropriate.

• (10) The reference in sub-paragraph (9) to higher charges does not include charges of more than the proposed maximum charges.

• (11) In this paragraph—

• “appeal period” has the same meaning as in section 28;

• “price cap condition” has the same meaning as in paragraph 21.

PART 6 — General

Consideration of new matters

23

• (1) This paragraph applies to—

• (a) an authorised member of the Competition and Markets Authority with the function of determining an application for permission to appeal under section 24 or 25, and

• (b) a group with the function of determining an appeal.

• (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 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 a 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), in relation to a person who raises or provides a matter, information or evidence, “relevant connected person” 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 15(1) or 22(2) proposing to make the decision, and

• (b) ending with the publication of a notice under section 15(5) or 22(6) in relation to the decision.

Production of documents

24

• (1) The Competition and Markets Authority may by notice require a person to produce to the Competition and Markets Authority documents specified or described in the notice that are in the person's custody or under the person's control.

• (2) The notice may require the production of documents—

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

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

• (3) 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 appropriate court.

• (4) A notice under this paragraph may be given on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority.

Oral hearings

25

• (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 Competition and Markets Authority considering an application under paragraph 1 for permission to appeal,

• (b) an authorised member of the Competition and Markets Authority considering an application under paragraph 4 for permission to intervene,

• (c) an authorised member of the Competition and Markets Authority considering an application under paragraph 9 or 12 for a direction, and

• (d) a group with the function of determining an appeal.

• (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 Competition and Markets Authority 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), or

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

• (5) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of a party to the appeal, subject to sub-paragraph (6).

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

• (7) If the applicant, the appellant, an intervener or a representative of such a 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), and

• (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 appropriate court.

• (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 Competition and Markets Authority 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 Competition and Markets Authority by an authorised member of the Competition and Markets Authority.

Written evidence

26

• (1) The Competition and Markets Authority may by notice require a person to produce a written statement with respect to a matter specified in the notice to—

• (a) an authorised member of the Competition and Markets Authority considering an application under paragraph 1 for permission to appeal,

• (b) an authorised member of the Competition and Markets Authority considering an application under paragraph 4 for permission to intervene,

• (c) an authorised member of the Competition and Markets Authority considering an application under paragraph 9 or 12 for a direction, or

• (d) a group with the function of determining an appeal.

• (2) The notice may require the written statement—

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

• (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 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 about which the person could not be compelled to give evidence in civil proceedings before the appropriate court.

• (5) A notice under this paragraph may be given on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority.

Expert advice

27

Where permission to appeal is granted under paragraph 2, the Competition and Markets Authority may commission expert advice with respect to any matter raised by a party to the appeal.

Enforcement of requirements in relation to evidence etc

28

• (1) This paragraph applies where a person (“P”)—

• (a) fails to comply with a notice under paragraph 24, 25 or 26,

• (b) fails to comply with any other requirement imposed under paragraph 24, 25 or 26,

• (c) in complying with a notice under paragraph 26, 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, provides information that is false or misleading in a material respect.

• (2) An authorised member of the Competition and Markets Authority may certify to the appropriate court—

• (a) the failure,

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

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

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

• (a) any witness against P,

• (b) any witness on behalf of P, and

• (c) any statement in P's defence.

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

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

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

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

• (6) In this paragraph “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Destruction of documents

29

• (1) A person who intentionally alters, suppresses or destroys a document that the person has been required to produce under paragraph 24 is guilty of an offence.

• (2) A person guilty of an offence under this paragraph is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for not more than 2 years or a fine (or both).

Withdrawal of applications and appeals

30

• (1) An application under paragraph 1 for permission to appeal may be withdrawn only with the consent of the Competition and Markets Authority .

• (2) After an application for permission to appeal is granted, the appeal may be withdrawn only with the consent of the Competition and Markets Authority .

• (3) An application under paragraph 4 for permission to intervene may be withdrawn only with the consent of the Competition and Markets Authority .

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

• (4A) For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.

• (5) An application under paragraph 9 or 12 for a direction suspending the effect of a decision may be withdrawn at any time.

• (6) Withdrawal of an application under this Schedule or of an appeal has effect when the applicant or appellant gives notice to the Competition and Markets Authority .

• (7) The applicant or appellant must send a copy of the notice to the CAA.

• (8) The CAA must—

• (a) publish the notice, and

• (b) send a copy of the notice to the persons listed in sub-paragraph (9) (other than the person withdrawing the application or appeal).

• (9) 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, and

• (c) such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

Appeal rules

31

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