Vehicle Technology and Aviation Bill (HC Bill 143)

Vehicle Technology and Aviation BillPage 30

the legitimate business interests of an undertaking to
which it relates, or

(b) information relating to the private affairs of an individual,
the disclosure of which would or might, in the opinion of
5the member, significantly harm the individual’s interests.

Part 3 Application for suspension of modification

Application for direction suspending licence modification

6 (1) Where an application is made under paragraph 1 for permission
10to appeal against a decision, an application for a direction
suspending the effect of the decision may be made to the CMA—

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against
the decision.

(2) 15An application for a direction may be made at any time before the
determination of the appeal.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) 20send a copy of the application to the persons listed in sub-
paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the
application;

(b) 25any other person with a qualifying interest in the decision
that is the subject of the application;

(c) any owners or operators of aircraft that the CAA considers
appropriate;

(d) any owners or managers of prescribed aerodromes that the
30CAA considers appropriate.

Effect of early application for direction suspending licence modification

7 (1) This paragraph applies if—

(a) an application is made under paragraph 6 for a direction
suspending the effect of a decision under section 11(1) to
35modify a licence condition,

(b) the application is made before the end of the six weeks
beginning with the day on which the CAA published the
decision notice, and

(c) the modification would have effect, but for this paragraph,
40before the end of the period of ten weeks beginning with
that day (“the ten-week period”).

(2) The modification does not have effect during the ten-week period.

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(3) The decision of the CMA on the application under paragraph 6
must be taken before the end of the ten-week period.

Direction following application under paragraph 6

8 (1) The functions of the CMA in relation to an application under
5paragraph 6 for a direction are to be carried out by an authorised
member of the CMA.

(2) An authorised member of the CMA may give a direction
suspending the effect of a decision under section 11(1) to include
a condition in a licence only if—

(a) 10the applicant for the direction would incur significant costs
if the licence condition were to have effect from the date
specified in the decision, and

(b) the balance of convenience does not otherwise require the
licence condition to have effect from that date.

(3) 15If the authorised member gives a direction suspending the effect
of the decision, the licence condition does not have effect or ceases
to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) 20An authorised member of the CMA may by notice vary or
withdraw a direction under this paragraph if the authorised
member considers it appropriate to do so having regard to the
costs and the balance of convenience referred to in sub-paragraph
(2).

25Publication of decisions about directions

9 (1) An authorised member of the CMA must—

(a) publish a decision on an application under paragraph 6 for
a direction and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons
30listed in sub-paragraph (4).

(2) Where paragraph 7 applies, the requirements of sub-paragraph (1)
must be complied with before the end of the ten-week period
referred to in that paragraph.

(3) An authorised member of the CMA must—

(a) 35publish any notice varying or withdrawing a direction
under paragraph 8 and the reasons for the variation or
withdrawal;

(b) send a copy of the notice and reasons to the persons listed
in sub-paragraph (4).

(4) 40Those persons are—

(a) the holder of the licence which is the subject of the
application or direction;

(b) if the application for the direction was made by someone
other than the licence holder, the applicant;

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(c) any other person with a qualifying interest in the decision
that is the subject of the application;

(d) any owners or operators of aircraft that the authorised
member considers appropriate;

(e) 5any owners or managers of prescribed aerodromes that the
authorised member considers appropriate;

(f) the CAA.

Time limit for CAA to make representations

10 (1) This paragraph applies where the CAA wishes to make
10representations to the CMA in relation to an application under
paragraph 6 for a direction.

(2) In a case to which paragraph 7 applies, the CAA must make the
representations in writing before the end of the period of eight
weeks beginning with the day on which the CAA published the
15decision notice.

(3) In any other case—

(a) an authorised member of the CMA must specify a
reasonable period for making representations;

(b) the CAA must make the representations in writing before
20the end of that period.

(4) In all cases, the CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the
application;

(b) if the application was made by someone other than the
25licence holder, the applicant;

(c) any other person with a qualifying interest in the decision
that is the subject of the application;

(d) any owners or operators of aircraft that the CAA considers
appropriate;

(e) 30any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

Part 4 Determination of appeals

Determination of appeal by group

11 (1) 35A group constituted by the chair of the CMA, under Schedule 4 to
the Enterprise and Regulatory Reform Act 2013, for the purpose of
carrying out functions of the CMA with respect to an appeal under
section 19A must consist of three members of the CMA panel.

(2) A decision of the group is effective only if—

(a) 40all of the members are present when it is made, and

(b) at least two members of the group are in favour of the
decision.

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Representations made by the CAA

12 (1) This paragraph applies where an application for permission has
been granted and the CAA makes representations to the CMA for
the purposes of the appeal under section 19A.

(2) 5The CAA must send a copy of its representations to—

(a) the holder of the licence which is the subject of the appeal;

(b) if the appeal was brought by someone other than the
licence holder, the appellant;

(c) any other person with a qualifying interest in the decision
10that is the subject of the appeal;

(d) any owners or operators of aircraft that the CAA considers
appropriate;

(e) any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

15Matters that may be disregarded

13 (1) The CMA may disregard matters raised by the CAA if it thinks it
necessary to do so for the purpose of securing that an appeal
under section 19A is determined within the period allowed under
section 19D, unless they are matters contained in representations
20made to the CMA—

(a) in accordance with paragraph 10, or

(b) before the end of the period of 12 weeks beginning with the
day on which the decision notice was published.

(2) The CMA may disregard matters raised by the appellant if it
25thinks it necessary to do so for the purpose of securing that an
appeal under section 19A is determined within the period allowed
under section 19D, unless the matters were raised by the
appellant—

(a) at the time of the application under paragraph 1 for
30permission to appeal, or

(b) in an application under paragraph 6 for a direction.

(3) The CMA may disregard matters raised by an intervener if it
thinks it necessary to do so for the purpose of securing that an
appeal under section 19A is determined within the period allowed
35under section 19D, unless the matters were raised by the
intervener—

(a) at the time of the application to intervene under paragraph
4, or

(b) in an application under paragraph 6 for a direction.

40Remitting decision to CAA

14 (1) This paragraph applies where CMA decides to remit a matter that
is the subject of an appeal under section 19A to the CAA for
reconsideration and decision.

(2) Where, on reconsidering the matter, the CAA decides to modify a
45licence, the notice under section 11A(5) in respect of the

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modification may, with the agreement of the licence holder,
specify a date falling—

(a) before the end of the period of six weeks beginning with
the date on which the notice is published, but

(b) 5on or after the date on which the decision that was the
subject of the appeal took effect or would have taken effect
but for its suspension under this Schedule.

Substituting the CAA’s decision

15 (1) This paragraph applies where the CMA decides to substitute its
10own decision for a decision of the CAA that is the subject of an
appeal under section 19A.

(2) The decision of the CMA has effect as if made by the CAA except
that—

(a) section 11A(5) does not apply;

(b) 15an appeal may not be brought against it under section 19A.

(3) Any modification of a licence effected by the CMA takes effect
from the date specified by the CMA.

(4) The CMA may, with the agreement of the licence holder, specify a
date falling—

(a) 20before the date on which the order containing its decision
is published, but

(b) on or after the date on which the decision that was the
subject of the appeal took effect or would have taken effect
but for its suspension under this Schedule.

25Part 5 General

Consideration of new matters

16 (1) This paragraph applies to—

(a) an authorised member of the CMA with the function of
30determining an application for permission to appeal under
section 19A;

(b) a group with the function of determining an appeal under
that section.

(2) The member or group must not have regard to any matter,
35information or evidence raised or provided by the CAA if it was
not considered by the CAA in making the decision that is the
subject of the application or the appeal, unless the member or
group considers that—

(a) the CAA could not reasonably have been expected to
40consider the matter, information or evidence when making
that decision, and

(b) the matter, information or evidence is likely to have an
important effect on the outcome of the application or
appeal, either by itself or taken together with other
45matters, information or evidence.

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(3) The member or group must not have regard to any matter,
information or evidence raised or provided by a person other than
the CAA if it was not considered by the CAA in making the
decision that is the subject of the application or appeal, unless the
5member of the group considers that—

(a) the person or a relevant connected person could not
reasonably have raised the matter with the CAA, or
provided the information or evidence to the CAA, during
the period in which the CAA was making that decision,
10and

(b) the matter, information or evidence is likely to have an
important effect on the outcome of the application or
appeal, either by itself or taken together with other
matters, information or evidence.

(4) 15Where the member or group has regard to any matter, information
or evidence in reliance on sub-paragraph (2) or (3), those sub-
paragraphs do not prevent the member or group having regard to
further matters, information or evidence raised or provided in
response to it if the member or group considers that the further
20matter, information or evidence is likely to have an important
effect on the outcome of the application or appeal, either by itself
or taken together with other matters, information or evidence.

(5) In sub-paragraph (3) “relevant connected person”, in relation to a
person who raises or provides a matter, information or evidence,
25means a person who was connected to that person at any time
during the period in which the CAA was making the decision that
is the subject of the application or appeal.

(6) References in this paragraph to the period in which the CAA was
making a decision are to the period—

(a) 30beginning with the publication of a notice under section
11A(1) proposing to make the modification, and

(b) ending with the publication of a notice under section
11A(5) in relation to that modification.

Production of documents

17 (1) 35The CMA may by notice require a person to produce to it
documents specified or described in the notice that are in the
person’s custody or under the person’s control.

(2) The notice may require the production of documents—

(a) at the time and place specified in the notice;

(b) 40in the form and manner specified in the notice.

(3) The notice may not require a person to produce documents that a
person could not be compelled to provide in evidence in civil
proceedings before the appropriate court (see paragraph 27).

(4) A notice under this paragraph may be given on behalf of the CMA
45by an authorised member of the CMA.

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Oral hearings

18 (1) For the purposes of this Schedule the following persons may hold
an oral hearing and take evidence on oath—

(a) an authorised member of the CMA considering an
5application under paragraph 1 for permission to appeal;

(b) an authorised member of the CMA considering an
application under paragraph 4 for permission to intervene;

(c) an authorised member of the CMA considering an
application under paragraph 6 for a direction;

(d) 10a group with the function of determining an appeal under
section 19A.

(2) In the course of holding such a hearing and taking such evidence,
a person or group described in sub-paragraph (1) may administer
oaths.

(3) 15An authorised member of the CMA may by notice require a
person—

(a) to attend at a time and place specified in the notice, and

(b) at that time and place, to give evidence to a member or
group described in sub-paragraph (1).

(4) 20At an oral hearing, the member or group conducting the hearing
may require the following persons to give evidence or to make
representations—

(a) the applicant, the appellant or any intervener (if present);

(b) a person attending a hearing as a representative of the
25applicant, the appellant, an intervener or the CAA.

(5) Subject to sub-paragraph (6), a person who gives oral evidence at
the hearing may be cross-examined by or on behalf of—

(a) the appellant;

(b) an intervener;

(c) 30the CAA.

(6) Such a person may be cross-examined by or on behalf of an
intervener only with the leave of the member or group conducting
the hearing.

(7) If the applicant, the appellant, an intervener or a representative of
35any such person or the CAA is not present at a hearing—

(a) there is no requirement to give notice to that person under
sub-paragraph (3);

(b) the member or group conducting the hearing may
determine the application or appeal without hearing that
40person’s evidence or representations.

(8) A person may not be required under this paragraph to give
evidence that the person could not be compelled to give in civil
proceedings before the appropriate court (see paragraph 27).

(9) Where a person is required under this paragraph to attend at a
45place more than 16 kilometres from the person’s place of
residence, an authorised member of the CMA must arrange for the
person to be paid the necessary expenses of attendance.

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(10) A notice under this paragraph may be given on behalf of the CMA
by an authorised member of the CMA.

Written evidence

19 (1) The CMA may by notice require a person to produce a written
5statement with respect to a matter specified in the notice—

(a) to an authorised member of the CMA considering an
application under paragraph 1 for permission to appeal;

(b) to an authorised member of the CMA considering an
application under paragraph 4 for permission to intervene;

(c) 10to an authorised member of the CMA considering an
application under paragraph 6 for a direction;

(d) to a group with the function of determining an appeal
under section 19A.

(2) The notice may require the written statement—

(a) 15to be produced at the time and place specified in the notice;

(b) to be verified by a statement of truth.

(3) Where a notice requires a written statement to be verified by a
statement of truth, the statement may be disregarded unless it is
so verified.

(4) 20A person may not be required under this paragraph to produce a
written statement about a matter if the person could not be
compelled to give evidence about that matter in civil proceedings
before the appropriate court (see paragraph 27).

(5) A notice under this paragraph may be given on behalf of the CMA
25by an authorised member of the CMA.

Expert advice

20 Where permission to appeal is granted under paragraph 2, the
CMA may commission expert advice with respect to any matter
raised by—

(a) 30the appellant,

(b) an intervener, or

(c) the CAA.

Enforcement of requirements in relation to evidence etc

21 (1) This paragraph applies where a person—

(a) 35fails to comply with a notice under paragraph 17, 18 or 19,

(b) fails to comply with any other requirement imposed under
paragraph 17, 18 or 19,

(c) in complying with a notice under paragraph 19, makes a
statement that is false or misleading in a material respect,
40or

(d) in providing information verified by a statement of truth
required by appeal rules, provides information that is false
or misleading in a material respect.

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(2) An authorised member of the CMA may certify to the appropriate
court—

(a) the failure,

(b) the fact that the person has made a false or misleading
5statement in circumstances described in sub-paragraph
(1)(c), or

(c) the fact that the person has provided false or misleading
information in circumstances described in sub-paragraph
(1)(d).

(3) 10The appropriate court may inquire into a certified failure or act
and, if it does so, must hear—

(a) any witness against the person;

(b) any witness on behalf of the person;

(c) any statement in the person’s defence.

(4) 15The appropriate court may punish the person as if the person had
been guilty of contempt of court if it is satisfied that—

(a) the certified failure or act took place, and

(b) the person did not have a reasonable excuse for the failure
or act.

(5) 20Where the person is a body corporate, the appropriate court may
punish any director or other officer of that body, either instead or
as well as punishing the body.

(6) In this paragraph “director”, in relation to a body corporate whose
affairs are managed by its members, means a member of the body.

25Withdrawal of applications and appeals

22 (1) An application under paragraph 1 for permission to appeal may
be withdrawn only with the consent of the CMA.

(2) After an application for permission to appeal is granted, the
appeal may be withdrawn only with the permission of the CMA.

(3) 30An application under paragraph 4 for permission to intervene
may be withdrawn only with the consent of the CMA.

(4) After an application for permission to intervene is granted, the
intervener may withdraw from the appeal only with the consent
of the CMA.

(5) 35For the purposes of sub-paragraphs (1) to (4), the consent of the
CMA may be given by an authorised member of the CMA.

(6) An application under paragraph 6 for a direction suspending the
effect of a decision may be withdrawn at any time.

(7) Withdrawal of an application under this Schedule or of an appeal
40has effect when the applicant or appellant gives notice to the
CMA.

(8) The applicant or appellant must send a copy of the notice to the
CAA.

(9) The CAA must—

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(a) publish the notice;

(b) send a copy of it to the persons listed in sub-paragraph (10)
(other than the person withdrawing the application or
appeal).

(10) 5Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) any other person with a qualifying interest in the decision
that is the subject of the application or appeal;

(c) any owners or operators of aircraft that the CAA considers
10appropriate;

(d) any owners or managers of prescribed aerodromes that the
CAA considers appropriate.

Appeal Rules

23 (1) The CMA Board may make rules regulating the conduct and
15disposal of appeals.

(2) The rules may include provision supplementing the provisions of
this Schedule in relation to any application, notice, hearing or
requirement for which this Schedule provides.

(3) The rules may, in particular, include—

(a) 20provision requiring an application to be accompanied by
information specified in the rules;

(b) provision requiring such information to be verified by a
statement of truth;

(c) provision requiring an applicant to provide the CAA with
25information specified in the rules;

(d) provision imposing time limits or other restrictions on the
taking of evidence at an oral hearing;

(e) provision imposing time limits or other restrictions on the
making of representations or observations at such a
30hearing.

(4) The rules may make different provision for different purposes.

(5) Before making rules under this paragraph the CMA Board must
consult any persons that it considers appropriate.

(6) The CMA Board must publish the rules made under this
35paragraph.

Costs

24 (1) Where an application under this Schedule or an appeal is
withdrawn, an authorised member of the CMA may make any
order that the member thinks fit requiring the parties to the
40application or appeal to make payments to each other and to the
CMA in respect of costs incurred in connection with the
application or appeal.

(2) A group that determines an appeal must make an order requiring
the payment to the CMA of the costs incurred by the CMA in
45connection with the appeal.