The Air Navigation Order 2009

Validation of licences

78.—(1) In this article, a certificate of validation means a certificate rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the United Kingdom.

(2) Subject to paragraphs (3) and (7), the CAA may issue a certificate of validation.

(3) Subject to paragraphs (5) and (6), the CAA must issue a certificate of validation rendering valid a relevant licence granted under the law of an EEA State or Switzerland in accordance with the Council Directive on mutual acceptance of personnel licences.

(4) For the purposes of paragraph (3), a relevant licence is one based on requirements equivalent to those for the equivalent licence granted by the CAA under article 64.

(5) The CAA—

(a)may ask the Commission for an opinion on the equivalence of a licence submitted for validation under paragraph (3) within three weeks of the receipt by the CAA of all necessary information for the application for validation;

(b)must, if it does not ask the Commission for such an opinion, within three months of receipt of all necessary information in respect of the application either issue the certificate of validation or inform the applicant of any additional requirements or tests which are necessary to enable the CAA to grant the certificate of validation.

(6) If, after the examination of a licence, the CAA has reasonable doubts as to the equivalence of that licence the CAA—

(a)may stipulate additional requirements or tests (or both) as necessary to enable the certificate of validation to be issued;

(b)must notify any such additional requirements or tests (or both) as soon as reasonably practicable to the licence holder, the authority which issued the licence and to the Commission.

(7) In accordance with the Council Directive on mutual acceptance of personnel licences, the CAA must issue a certificate of validation rendering valid any licence issued in accordance with the requirements of Annex 1 to the Chicago Convention(1) if the holder satisfies the special validation requirements laid down in the annex to the Council Directive.

(8) In this article, the Council Directive on mutual acceptance of personnel licences means Council Directive 91/670 EEC(2) on mutual acceptance of personnel licences for the exercise of functions in civil aviation, as it has effect in accordance with the EEA Agreement(3) as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994(4), and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport(5).