Legislation – Air Traffic Management and Unmanned Aircraft Act 2021

11Modification of a licence

1

The CAA may modify a licence by modifying the licence conditions.

2

Subsection (1) is subject to section 11B.

3

The Secretary of State may modify a licence—

a

by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined;

b

by modifying a prescribed term.

4

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

11AModification of licence: procedure

1

Before modifying a licence in reliance on section 11, the modifying authority must—

a

publish a notice in relation to the proposed modification;

b

send a copy of the notice to the persons listed in subsection (2);

c

consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

2

The persons are—

a

the licence holder;

b

any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;

c

any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;

d

any bodies representing users of air transport services that the modifying authority considers appropriate;

e

where the modifying authority is the CAA, the Secretary of State;

f

where the modifying authority is the Secretary of State, the CAA.

3

The notice under subsection (1) must—

a

state that the modifying authority proposes to modify the licence;

b

specify the proposed modification;

c

give the modifying authority’s reasons for the proposed modification;

d

state the effect of the proposed modification;

e

specify a reasonable period for making representations.

4

If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

a

publish a notice, giving its reasons;

b

send a copy of the notice to the persons listed in subsection (2).

5

If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

a

publish a notice in relation to the modification;

b

send a copy of the notice to the persons listed in subsection (2).

6

The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

7

The notice under subsection (5) must—

a

specify the modification;

b

specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);

c

give the modifying authority’s reasons for the modification;

d

state the effect of the modification;

e

state how it has taken account of any representations made in the period specified in the notice under subsection (1);

f

state the reasons for any differences between the modification and that set out in the notice under subsection (1).

8

The date specified under subsection (7)(b)—

a

in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);

b

otherwise, must fall after the end of the period of 28 days beginning with that day.

9

In this section “modifying authority”—

a

in relation to a modification of a licence condition, means the CAA;

b

in relation to any other modification, means the Secretary of State.

11BRestrictions on power to modify licence conditions

1

The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

2

The CAA must—

a

publish a direction given to it under subsection (1);

b

send a copy of the direction to the persons listed in subsection (3).

3

The persons are—

a

the licence holder;

b

any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

c

any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

d

any bodies representing users of air transport services that the CAA considers appropriate.