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The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007

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This is the original version (as it was originally made).

Application for the grant, revocation or variation of a scarce capacity allocation certificate

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10.—(1) A qualifying carrier wishing to operate on a capacity constrained route must apply in writing to the CAA for a scarce capacity allocation certificate.

(2) A qualifying carrier may apply in writing to the CAA for the variation or revocation of a scarce capacity allocation certificate which that carrier holds.

(3) The CAA may refuse to consider an application for the grant, revocation or variation of a scarce capacity allocation certificate unless—

(a)in the case of an application for a grant or variation of a scarce capacity allocation certificate, the application is served on the CAA not less than four months before the scarce capacity allocation certificate (or the variation) is intended to have effect;

(b)the applicant has furnished all the information and documents required; and

(c)the applicant has paid any applicable charge under section 11 of the Act.

(4) As soon as reasonably practicable after an application has been received in accordance with this regulation the CAA must—

(a)publish in its Official Record—

(i)such particulars of the application as it thinks necessary for indicating the substance of the application; and

(ii)the period within which objections or representations in respect of the application must be made, provided that the CAA may not specify a period of less than 21 days unless it is satisfied that for reasons of urgency it is necessary to do so;

(b)make a copy of the application available at its principal office for inspection by any person at any reasonable time.

(5) Where the CAA has received an application, it must notify the holder of all other scarce capacity allocation certificates relating to the route to which the application relates.

(6) The CAA may direct that an application be treated as being such number of separate applications as it may specify, and each such application will be treated accordingly.

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