The Civil Aviation Authority Regulations 1991

Made: 22nd July 1991

Laid before Parliament: 1st August 1991

Coming into force: 1st September 1991

The Secretary of State for Transport, in exercise of his powers under sections 2(3), 7(1) and (2), 11(2), 64(3), 65(1) and (6), 66(1) and (4), 67(1), (2) and (5), 84(1), 85(1) and 102(1) and (2) of and paragraph 15 of Schedule 1 to the Civil Aviation Act 1982[^f00001] and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals under section 10 of the Tribunals and Inquiries Act 1971[^f00002], hereby makes the following Regulations:

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the Civil Aviation Authority Regulations 1991 and shall come into force on 1st September 1991.

Revocation

2

The Regulations specified in the Schedule hereto are hereby revoked.

Interpretation

3

• (1) In these Regulations unless the context otherwise requires—

• “the Act” means the Civil Aviation Act 1982;

• “the Authority” means the Civil Aviation Authority;

• “decision date” and “transcript date” have the meanings respectively assigned to them in regulation 26(8);

• “environmental application” and “environmental proposal” have the meanings respectively assigned to them in regulation 19(1);

• “hearing” or “preliminary hearing” means a hearing or preliminary hearing at which oral evidence or argument may be heard and “to hear” shall be construed accordingly;

• “operating licence” means an operating licence granted by the CAA under Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community;

• “ordinary aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which does not include a public use condition;

• “party” in relation to a case before the Authority means for the purposes of Part II of these Regulations, a person having the right to be heard pursuant to regulation 13(1) and, for the purposes of Part III of these Regulations, a person having the right to be heard pursuant to regulation 25(1);

• “party” in relation to an appeal to the Secretary of State means any of the persons specified in regulation 27(3)(c) and (d);

• “the person concerned” means, in relation to the registration of aircraft, the applicant for registration or the person in whose name the aircraft is registered, as the case may be, and in relation to a certificate, licence, approval, authorisation, validation or rating, the holder or former holder of or applicant for the certificate, licence, approval, authorisation, validation or rating, as the case may be and in relation to making air traffic directions or airspace policy directions, the person who has been directed;

• “personnel licence” means a licence, authorising a person to act as a member of a flight crew, an aircraft maintenance engineer, an air traffic controller, a student air traffic controller or an aerodrome flight information service officer;

• “public use aerodrome licence” means an aerodrome licence granted under an Air Navigation Order which includes a public use condition;

• “public use condition” means a condition included in an aerodrome licence granted under an Air Navigation Order that the aerodrome shall at all times when it is available for the take off or landing of aircraft be so available to all persons on equal terms and conditions;

• “rating” means a rating on a personnel licence;

• “reportable occurrence” has the same meaning as in article 94(2) of the Air Navigation Order 1989[^f00003];

• “statement of policies” means the publication of the Authority referred to in section 69 of the Act;

• “statutory duties” means the duties of the Authority set out in sections 4 and 68 of the Act;

• “to substitute an ordinary aerodrome licence for a public use aerodrome licence” means to vary a public use aerodrome licence by removing the public use condition and “to substitute a public use aerodrome licence for an ordinary aerodrome licence” means to vary an ordinary aerodrome licence by adding a public use condition.

• (2) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.

• (3) Any period of time specified in these Regulations by reference to days, working days or months—

• (a) where such period is expressed to begin after a particular date, shall begin on the first day after that date, and shall be inclusive of the last day unless that day falls on a Saturday, Sunday, Christmas Day, Good Friday or any other day appointed by law to be a bank holiday in any part of the United Kingdom, in which case the period shall run to the immediately following working day; and

• (b) where such period is expressed to run to or expire before a particular date or event, the period shall be calculated to expire on the last working day before the particular date or the date of that event.

• (4) In computing any period of time specified in these Regulations by reference to hours or working days the whole of any Saturday, Sunday, Christmas Day, Good Friday or bank holiday shall be disregarded, and for that purpose any day which is appointed by law to be a bank holiday in any part of the United Kingdom shall be treated as a bank holdiday.

• (5) For the purposes of Part III of these Regulations, a need to allocate scarce bilateral capacity arises when the Authority has been notified by the Secretary of State that in his opinion by virtue of any provision made by or under the terms of an air services agreement or other international agreement or arrangement, the United Kingdom’s share of the capacity on air transport services between the United Kingdom and another State which may be provided by British airlines within the meaning given by section 4(1) of the Act, (whether capacity is expressed in terms of the number of passenger seats or the amount of cargo carrying space which may be offered for sale by such operators, or otherwise) will, within 6 months of the date of notification, be insufficient to enable all persons holding air transport licences or route licences authorising them to operate such air transport services to make available all the capacity which they plan to provide.

Service of documents

4

• (1) Subject to regulation 31A(5)(d) anything required to be served on any person under these Regulations or under section 66(4) or 84(1) of the Act shall be set out in a notice in writing which may be served either:

• (a) by delivering it to that person;

• (b) by leaving it at his proper address;

• (c) by sending it by post to that address; or

• (d) by sending it to him at that address by telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received;

and where the person is a body corporate the document may be served upon the secretary of that body.

• (2) For the purposes of this regulation the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.

Publication by the Authority

5

Subject to regulation 31A(5)(b) any notice or other matter (not being a schedule of terms referred to in regulation 18) required by these Regulations, or by section 11(2), 64(3), 65(1) or (6) or 85(1) of the Act, to be published shall be published by the Authority in its Official Record.

PART II — FUNCTIONS CONFERRED ON THE AUTHORITY BY OR UNDER AIR NAVIGATION ORDERS

Regulation of the conduct of the Authority

6

• (1) The functions conferred on the Authority by or under Air Navigation Orders or other assimilated law regarding aviation safety with respect to:

• (a) registration of aircraft;

• (b) certification of operators of aircraft;

• (c) certification of airworthiness of aircraft;

• (d) noise certification;

• (e) certification of compliance with the requirements for the emission by aircraft engines of unburned hydrocarbons;

• (f) ersonnel licensing;

• (g) licensing of aerodromes;

• (h) validation of any certificate or licence;

• (i) pproval of equipment and approval or authorisation of persons;

• (j) pproval of schemes for the regulation of the flight times of aircraft crew;

• (k) receiving reports of reportable occurrences;

• (l) making air traffic directions;

• (m) making airspace policy directions;

are hereby prescribed for the purposes of section 7(2) of the Act.

• (2) Subject to paragraphs (8) and (9) of this regulation, a decision with respect to any of the matters referred to in paragraph (1) of this regulation, being a decision to register, refuse to register, cancel or amend the registration of an aircraft or to grant, refuse to grant, validate, refuse to validate, revoke, suspend, vary or refuse to vary a certificate, licence, approval, authorisation or rating or make an air traffic direction or an airspace policy direction, may be made on behalf of the Authority only by a member or employee of the Authority.

• (3) Subject to paragraphs (8), (9) and (10) of this regulation, where—

• (a) it is decided that it would be inexpedient in the public interest for an aircraft to be registered in the United Kingdom; or

• (b) an application for the grant, validation or variation of a certificate, licence, approval, authorisation or rating has been refused or granted in terms other than those requested by the applicant;

the Authority shall serve on the applicant a notice stating the reasons for the decision, and the applicant may within 14 days after the date of service of that notice request that the case be reviewed by the Authority.

• (4) Subject to paragraphs (8), (9) and (10) of this regulation, where is is proposed to—

• (a) cancel the registration of an aircraft on the grounds that it would be inexpedient in the public interest for it to continue to be registered in the United Kingdom; or

• (b) revoke, suspend or vary a certificate, licence, approval, authorisation, validation or rating or make an air traffic direction or an airspace policy direction under an Air Navigation Order otherwise than on the application of the holder;

the authority shall serve on the person concerned notice of the proposal together with the reasons for it, and the person concerned may within 14 days after the date of service of that notice, serve on the Authority a request that the case be decided by the Authority and not by any other person on its behalf.

• (5) Any person who has failed any test or examination which he is required to pass before he is granted or may exercise the privileges of a personnel licence may within 14 days after being notified of his failure request that the Authority determine whether the test or examination was properly conducted.

• (6)

• (a) the function of deciding a case where such a request as is referred to in paragraph (3), (4) or (5) of this regulation has been duly served on the Authority is hereby prescribed for the purposes of section 7(1) of the Act: and for the purpose of making any decision in such a case a quorum of the Authority shall be one member.

• (b) The Authority shall sit with such technical assessors to advise it as the Authority may appoint, but the Authority shall not appoint as an assessor any person who participated in the decision or proposal or in giving or assessing the test or examination which is to be the subject of the Authority’s decision.

• (7) Where a request under paragraph (4), (5) or (6) has been duly served, the Authority shall, before making a decision:

• (a) consider any representations which may have been served on it by the person concerned within 21 days after the date of service of the notice under that paragraph given by the Authority; and

• (b) where the person concerned has requested the opportunity to make oral representations in his representations under sub-paragraph (a) above, afford him an opportunity to make such representations and consider them.

• (7A)

• (a) Where an oral hearing is held it shall be held in public except where the Authority is satisfied that, in the interests of morals, public order, national security, juveniles or the protection of the private lives of the parties a private hearing is required, or where it considers that publicity would prejudice the interests of justice.

• (b) Any person which the Authority, with the consent of the parties, permits to attend the hearing is entitled to do so, whether or not the hearing is in private.

• (8) Nothing in this regulation shall—

• (a) prevent the Authority or any person authorised so to act on behalf of the Authority from provisionally cancelling the registration of an aircraft or provisionally suspending or varying any certificate, licence, approval, authorisation, validation or rating granted or having effect under an Air Navigation Order or under other assimilated law regarding aviation safety or making a provisional air traffic direction, pending inquiry into or consideration of the case;

• (b) apply to the variation of a flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness;

• (c) apply where the Authority refuses to register or cancels or amends the registration of an aircraft or refuses to grant or validate, grants or validates in terms other than those requested by the applicant, revokes, suspends or varies a certificate, licence, approval, authorisation or rating pursuant to a direction given by the Secretary of State.

• (9) Nothing in paragraphs (2), (3) or (4) of this regulation shall apply—

• (a) in respect of a medical certificate or certificate of test or experience relating to a personnel licence;

• (b) where pursuant to its duty under section 5 of the Act, the Authority refuses an application for the grant of an aerodrome licence or grants such an application in terms other than those requested by the applicant or proposes to revoke, suspend or vary an aerodrome licence otherwise than on the application of the holder.

• (10) Nothing in paragraphs (3) or (4) of this regulation shall apply where the Authority—

• (a) refuses an application by the holder of an aerodrome licence for the substitution of an ordinary aerodrome licence for a public use aerodrome licence; or

• (b) proposes, otherwise than on the application of the licence holder, to substitute a public use aerodrome licence for an ordinary aerodrome licence.

Reasons for decisions

7

Where the Authority makes a decision pursuant to regulation 6(6) it shall be the duty of the Authority to serve a statement of its reasons for the decision on the person concerned.

Inspection of aircraft register

8

The Authority shall, at all reasonable times and upon payment to it of any applicable charge under section 11 of the Act for inspecting the register, make the register of aircraft available for inspection by any person.

Dissemination of reports of reportable occurrences

9

The Authority shall make available, upon payment to it of any applicable charge under section 11 of the Act, reports of reportable occurrences or a summary of such reports, to any person who is:

• (a) the operator or member of the flight crew of any aircraft;

• (b) engaged in the design, manufacture, repair, maintenance or overhaul of aircraft, or of parts or equipment therefor;

• (bb) the provider of an air traffic control service;

• (c) the aeronautical authority of a country other than the United Kingdom, or the representative in the United Kingdom of such an authority;

• (d) engaged in writing about civil aviation for publication in any newspaper, periodical, book or pamphlet;

• (e) engaged in preparing a programme about civil aviation for television or radio;

• (f) engaged in the study of civil aviation for any academic purpose; or

• (g) any other person whose functions include the furthering of the safety of civil aviation:

Substitution of a public use aerodrome licence for an ordinary aerodrome licence or of an ordinary aerodrome licence for a public use aerodrome licence

10

• (1) The Authority shall refuse to consider an application for the substitution of an ordinary aerodrome licence for a public use aerodrome licence unless:

• (a) the application is made by the holder of the licence;

• (b) it contains a statement of the grounds on which the application is made; and

• (c) the application is accompanied by any applicable charge under section 11 of the Act.

• (2) The Authority shall refuse to consider an application for the substitution of a public use aerodrome licence for an ordinary aerodrome licence unless—

• (a) it is made by—

• (i) the holder of the licence;

• (ii) any other holder of an aerodrome licence granted under an Air Navigation Order;

• (iii) the holder of any air operator’s certificate granted under an Air Navigation Order;

• (iv) the holder of any air transport licence granted under the Act or of any operating licence; or

• (v) the operator of any aircraft who satisfies the Authority that an aircraft operated by him has, during the 12 months immediately preceding the date on which the application is made, been granted or refused permission to land at or take off from the aerodrome to which the licence relates;

• (b) it contains a statement of the grounds on which the application is made;

• (c) the application is accompanied by any applicable charge under section 11 of the Act; and

• (d) if made by someone other than the holder of the ordinary aerodrome licence, a copy of the application has been served on the holder within 24 hours after it has been served on the Authority.