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any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).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