The Civil Aviation Authority Regulations 1991

Regulation of the conduct of the AuthorityU.K.

6.—(1) The functions conferred on the Authority by or under Air Navigation Orders [F1or other retained EU 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;

[F2(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 [F3or 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 [F4or 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.

[F5(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.

[F6(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 [F7or under other retained EU law regarding aviation safety] [F8or 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.