Civil Aviation Bill (HL Bill 36)

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

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

(d) 5such bodies representing airport operators or providers of air
transport services as the Commission considers appropriate, and

(e) the CAA.

(9) Section 29(5) applies to the publication of a decision and reasons under this
paragraph as it applies to the publication of an order containing a
10determination of an appeal.

Time limit for CAA to make representations

3 (1) This paragraph applies where the CAA wishes to make representations to
the Competition Commission in relation to an application under paragraph
1 for permission to appeal against a decision.

(2) 15The CAA must make the representations in writing before the end of the
period of 8 weeks beginning with the day on which the CAA publishes the
relevant notice (as defined in paragraph 1).

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

(a) the holder of the licence which is the subject of the application,

(b) 20if the application was made by someone other than the holder of that
licence, the applicant,

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

(d) such bodies representing airport operators or providers of air
25transport services as the CAA considers appropriate.

Part 2 Intervention in appeal

Application for permission to intervene in appeal

4 (1) Where an application is made under paragraph 1 for permission to appeal
30against a decision, an application for permission to intervene in the appeal
may be made to the Competition Commission by another person who
would be entitled to appeal against the decision.

(2) An application for permission to intervene may be made before the end of
the period of 1 week beginning with the day on which the Competition
35Commission publishes its decision to grant permission to appeal against the
decision.

(3) An application for permission to intervene may be made after the end of that
period only with the leave of an authorised member of the Competition
Commission.

(4) 40The applicant must send a copy of the application to the CAA.

(5) The CAA must—

(a) publish the application, and

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

(6) Those persons are—

(a) the holder of the licence that is the subject of the application for
5permission to appeal,

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

(c) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

10Determination of application for permission to intervene

5 (1) The Competition Commission’s decision on an application for permission to
intervene is to be taken by an authorised member of the Commission.

(2) An authorised member of the Competition Commission may grant
permission to intervene in an appeal only if satisfied that allowing the
15applicant to intervene is necessary or desirable for the proper resolution of
the appeal.

(3) The authorised member—

(a) may grant permission to intervene for the purposes of supporting or
opposing an appeal;

(b) 20must make any permission to intervene for the purposes of
supporting an appeal subject to conditions preventing the intervener
from putting forward new grounds of appeal;

(c) may make permission to intervene subject to other conditions,
including conditions which limit the matters that may be raised by
25the intervener.

(4) The Competition Commission must—

(a) publish the decision on an application for permission to intervene
and the reasons for the decision, and

(b) send a copy of the decision and reasons to the persons listed in sub-
30paragraph (5).

(5) Those persons are—

(a) the holder of the licence which is the subject of the application,

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

(c) 35any other person with a qualifying interest in the decision that is the
subject of the application,

(d) such bodies representing airport operators or providers of air
transport services as the Commission considers appropriate, and

(e) the CAA.

(6) 40Section 29(5) applies to the publication of a decision and reasons under this
paragraph as it applies to the publication of an order containing a
determination of an appeal.

Part 3 Automatic suspension of condition of new licence or modification

Automatic suspension of condition of new licence including exception for certain financial
arrangements

6 (1) 5Sub-paragraph (2) applies where—

(a) the CAA decides to grant a licence under section 15,

(b) an application is made for permission to appeal under section 24
against the CAA’s decision to include a relevant financial
arrangements condition in the licence, and

(c) 10the relevant financial arrangements condition would have effect, but
for this paragraph, before the end of the period of 10 weeks
beginning with the day on which notice of the decision was
published in accordance with section 15 (“the 10 week period”).

(2) The relevant financial arrangements condition does not have effect during
15the 10 week period.

(3) Sub-paragraph (4) applies where—

(a) the CAA decides to grant a licence under section 15, and

(b) the Competition Commission grants an application for permission to
appeal under section 24 against the CAA’s decision to include a
20relevant financial arrangements condition in the licence.

(4) The relevant financial arrangements condition does not have effect until the
appeal against the decision is determined or withdrawn (or, if there is more
than one appeal against the decision, until all of the appeals are determined
or withdrawn).

(5) 25In this paragraph, “relevant financial arrangements condition” means a
condition that is subject to an exception (however expressed) relating to, or
operating by reference to, financial arrangements entered into by the holder
of the licence, or a person connected to the holder of the licence, before
section 3 came into force.

(6) 30For the purposes of this paragraph, financial arrangements entered into after
section 3 came into force but pursuant to other financial arrangements
entered into by the holder of the licence, or a person connected to the holder
of the licence, before that time are to be treated as entered into before that
time.

35Automatic suspension of modification of condition of existing licence including exception for
certain financial arrangements

7 (1) Sub-paragraph (2) applies where—

(a) the CAA decides under section 22 to modify a licence condition,

(b) the decision is subject to the restrictions in section 23,

(c) 40an application is made for permission to appeal under section 25
against the decision, and

(d) the licence modification that is the subject of the decision would have
effect, but for this paragraph, before the end of the period of 10 weeks
beginning with the day on which notice of the decision was
45published in accordance with section 22 (“the 10 week period”).

(2) The licence modification does not have effect during the 10 week period.

(3) Sub-paragraph (4) applies where—

(a) the CAA decides under section 22 to modify a licence condition,

(b) the decision is subject to the restrictions in section 23, and

(c) 5the Competition Commission grants permission to appeal against
the decision.

(4) The licence modification does not have effect until the appeal against the
decision is determined or withdrawn (or, if there is more than one appeal
against the decision, until all of the appeals are determined or withdrawn).

10Part 4 Application for suspension of condition of new licence or modification

Application for direction suspending condition of new licence

8 (1) Where an application is made for permission to appeal against a decision
under section 15 to include a condition in a licence, an application for a
15direction suspending the effect of the decision may be made to the
Competition Commission—

(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) 20An 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, and

(b) 25send 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) any other person with a qualifying interest in the decision that is the
30subject of the application, and

(c) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

Effect of early application for direction under paragraph 8

9 (1) This paragraph applies if—

(a) 35an application is made under paragraph 8 for a direction suspending
the effect of a decision under section 15 to include a condition in a
licence,

(b) the application is made before the end of the period of 6 weeks
beginning with the day on which the CAA published the notice of
40the decision to grant the licence in accordance with section 15, and

(c) the licence condition would have effect, but for this paragraph,
before the end of the period of 10 weeks beginning with that day
(“the 10 week period”).

(2) The licence condition does not have effect during the 10 week period.

(3) The Competition Commission’s decision on the application under
paragraph 8 must be taken before the end of the 10 week period.

Direction following application under paragraph 8

10 (1) 5The Competition Commission’s functions in relation to an application under
paragraph 8 for a direction are to be carried out by an authorised member of
the Commission.

(2) An authorised member of the Competition Commission may give a
direction suspending the effect of a decision under section 15 to include a
10condition in a licence only if—

(a) the 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
15condition to have effect from that date.

(3) If an 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) 20The Competition Commission may by notice vary or withdraw a direction
under this paragraph if it considers it appropriate to do so having regard to
the costs and the balance of convenience referred to in sub-paragraph (2).

Application for direction suspending licence modification

11 (1) Where an application for permission to appeal against a decision under
25section 22 to modify a licence condition is made, an application for a
direction suspending the effect of the decision may be made to the
Competition Commission—

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

(b) by another person who would be entitled to appeal against the
30decision.

(2) An 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) 35publish the application, and

(b) send 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) 40any other person with a qualifying interest in the decision that is the
subject of the application, and

(c) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

Effect of early application for direction under paragraph 11

12 (1) This paragraph applies if—

(a) an application is made under paragraph 11 for a direction
suspending the effect of a decision under section 22 to modify a
5licence condition,

(b) the application is made before the end of the period of 6 weeks
beginning with the day on which the CAA published notice of that
decision in accordance with that section, and

(c) the modification would have effect, but for this paragraph, before the
10end of the period of 10 weeks beginning with that day (“the 10 week
period”).

(2) The modification does not have effect during the 10 week period.

(3) The Competition Commission’s decision on the application under
paragraph 11 must be taken before the end of the 10 week period.

15Direction following application under paragraph 11

13 (1) The Competition Commission’s functions in relation to an application under
paragraph 11 for a direction are to be carried out by an authorised member
of the Commission.

(2) An authorised member of the Competition Commission may give a
20direction suspending the effect of a decision under section 22 to include a
condition in a licence only if—

(a) the 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) 25the balance of convenience does not otherwise require the licence
condition to have effect from that date.

(3) If an 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) 30for the period specified or described in the direction.

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

Publication of decisions about directions

14 (1) 35The Competition Commission must—

(a) publish a decision on an application under paragraph 8 or 11 for a
direction and the reasons for the decision, and

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

(2) 40Where paragraph 9 or 12 applies, the Competition Commission must
comply with sub-paragraph (1) before the end of the 10 week period referred
to in that paragraph.

(3) The Competition Commission must—

(a) publish any notice varying or withdrawing a direction under
paragraph 10 or 13 and the reasons for the variation or withdrawal,
and

(b) send a copy of the notice and reasons to the persons listed in sub-
5paragraph (4).

(4) Those 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
10the holder of that licence, the applicant,

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

(d) such bodies representing airport operators or providers of air
transport services as the Commission considers appropriate, and

(e) 15the CAA.

(5) Section 29(5) applies to the publication of a decision, notice or reasons
mentioned in sub-paragraph (1) or (3) as it applies to the publication of an
order containing a determination of an appeal.

Time limit for CAA to make representations

15 (1) 20This paragraph applies where the CAA wishes to make representations to
the Competition Commission in relation to an application under paragraph
8 or 11 for a direction.

(2) In a case to which paragraph 9 or 12 applies, the CAA must make the
representations in writing before the end of the period of 8 weeks beginning
25with the day on which the CAA published the relevant notice.

(3) In sub-paragraph (2) “the relevant notice” means—

(a) in the case of an application under paragraph 8, the notice published
in accordance with section 15 of the decision to grant the licence, and

(b) in the case of an application under paragraph 11, the notice
30published in accordance with section 22 of the decision that is the
subject of the application.

(4) In any other case—

(a) the Competition Commission must specify a reasonable period for
making representations, and

(b) 35the CAA must make the representations in writing before the end of
that period.

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

(a) the holder of the licence which is the subject of the application,

(b) if the application was made by someone other than the holder of that
40licence, the applicant,

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

(d) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

Part 5 Appeals

Determination of appeal by group

16 (1) The following functions of the Competition Commission are to be carried
5out, in accordance with appeal rules, by a group selected for the purpose by
the Chairman—

(a) considering and determining an appeal, and

(b) giving directions and taking other steps to give effect to the
Commission’s determination on an appeal.

(2) 10The group must consist of 3 members of the Competition Commission.

(3) The Chairman must appoint one of the members of the group to be its chair.

(4) The Chairman may—

(a) select himself or herself to be a member of the group, and

(b) appoint himself or herself to be its chair.

(5) 15A decision of the group is effective only if—

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

(b) at least 2 members of the group are in favour of the decision.

Replacing members of group

17 (1) The Chairman may select a member of the Competition Commission to
20replace another as a member of a group with the function of determining an
appeal if—

(a) the person being replaced has ceased to be a member of the
Commission,

(b) the Chairman is satisfied that the person being replaced will be
25unable, for a substantial period, to perform the duties of a member of
the group, or

(c) the Chairman is satisfied that, because of a particular interest of the
person being replaced, it is inappropriate for that person to remain a
member of the group.

(2) 30The Chairman may select himself or herself to replace a member of the
group.

(3) The replacement of a member of the group does not—

(a) prevent the group from continuing with anything begun before the
member is replaced, or

(b) 35affect any decision made, or direction given, by the group before the
member is replaced.

Representations made by the CAA

18 (1) This paragraph applies where an application for permission to appeal has
been granted and the CAA makes representations to the Competition
40Commission for the purposes of the appeal.

(2) The 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 holder of that
licence, the appellant,

(c) any other person with a qualifying interest in the decision that is the
5subject of the appeal, and

(d) such bodies representing airport operators or providers of air
transport services as the CAA considers appropriate.

Matters that may be disregarded

19 (1) A group with the function of determining an appeal may disregard matters
10raised by the CAA if it thinks it necessary to do so for the purpose of
securing that the appeal is determined within the period allowed under
section 28, unless they are matters contained in representations made to the
Competition Commission—

(a) in accordance with paragraph 15, or

(b) 15before the end of the period of 12 weeks beginning with the day on
which the relevant notice was published.

(2) In sub-paragraph (1) “the relevant notice” means—

(a) in the case of an appeal under section 24, the notice published in
accordance with section 15 of the decision to grant the licence, and

(b) 20in the case of an appeal under section 25, the notice published in
accordance with section 22 of the decision that is the subject of the
appeal.

(3) A group with the function of determining an appeal may disregard matters
raised by the appellant if it thinks it necessary to do so for the purpose of
25securing that the appeal is determined within the period allowed under
section 28, unless the matters were raised by the appellant—

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

(b) in an application under paragraph 8 or 11 for a direction.

(4) 30A group with the function of determining an appeal may disregard matters
raised by an intervener if it thinks it necessary to do so for the purpose of
securing that the appeal is determined within the period allowed under
section 28, unless the matters were raised by the intervener—

(a) at the time of the application under paragraph 4 for permission to
35intervene, or

(b) in an application under paragraph 8 or 11 for a direction.

Remitting decision to CAA

20 (1) This paragraph applies where the Competition Commission decides to
remit a matter that is the subject of an appeal to the CAA for reconsideration
40and decision.

(2) Where, on reconsidering the matter, the CAA decides to modify a licence,
the notice under section 22(6) in respect of the modification may, with the
agreement of the holder of the licence, specify a date falling—

(a) before the end of the period of 6 weeks beginning with the date on
45which the notice 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.

(3) Where, on reconsidering the matter, the CAA considers it appropriate to
5modify a licence by adding or altering a price cap condition in respect of
goods and services—

(a) sub-paragraph (4) applies if the highest charges that would be
permitted by the new or altered price cap condition (disregarding
sub-paragraphs (4) and (6)) (“the proposed maximum charges”) are
10lower than charges imposed by the holder of the licence in respect of
such goods and services during all or part of the appeal period, and

(b) sub-paragraph (6) applies if the proposed maximum charges are
higher than charges imposed by the holder of the licence in respect
of such goods and services during all or part of that period.

(4) 15Where this sub-paragraph applies, the CAA may modify the licence so that
it includes such price cap conditions as the CAA considers appropriate with
a view to putting the holder of the licence in the position that it would have
been in if, during the appeal period, it had imposed such lower charges as
the CAA considers appropriate.

(5) 20The reference in sub-paragraph (4) to lower charges does not include
charges of less than the proposed maximum charges.

(6) Where this sub-paragraph applies, the CAA may modify the licence so that
it includes such price cap conditions as the CAA considers appropriate with
a view to putting the holder of the licence in the position that it would have
25been in if, during the appeal period, it had imposed such higher charges as
the CAA considers appropriate.

(7) The reference in sub-paragraph (6) to higher charges does not include
charges of more than the proposed maximum charges.

(8) For the purposes of this paragraph a licence condition is a price cap
30condition to the extent that it regulates prices by providing that the amount,
or the maximum amount, that may be charged is an amount specified in, or
determined in accordance with, the condition.

(9) In this paragraph “appeal period” has the same meaning as in section 28.

Substituting CAA’s decision

21 (1) 35This paragraph applies where the Competition Commission decides to
substitute its own decision for a decision of the CAA that is the subject of an
appeal.

(2) Section 23 applies to the Competition Commission as it applies to the CAA.

(3) The Competition Commission’s decision has effect as if made by the CAA,
40except that—

(a) section 22(6) does not apply, and

(b) an appeal may not be brought against it under this Chapter.

(4) Any modification of a licence effected by the Competition Commission’s
decision takes effect from the date specified by the Commission.