Drawing special attention to two Statutory Instruments - Statutory Instruments Joint Committee Contents


Appendix 1


S.I. 2012/1017: memorandum from the Department for Transport


Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012 (S.I. 2012/1017)


1. By a letter dated 23rd May 2012, the Joint Committee on Statutory Instruments requested a memorandum on the following points:

"(1)   Is regulation 8(1) intended to impose a requirement? If so, explain how the intention is achieved and, if not, explain the intended legal effect of the provision and how it has that effect.

(2)  Given that regulation 50(1) limits the application of Part 5 of the Regulations to specific decisions, explain the inclusion in that Part of regulation 50(2), which relates to other decisions.

(3)   Explain the intended purpose and effect of including regulation 66."

Purpose of Regulation 8(1)

2. Regulation 8(1) is intended to impose a requirement on the Civil Aviation Authority to publish in its Official Record any notice or other matter which it is required to publish under other provisions of the Regulations. The Department nevertheless accepts that its drafting does not unambiguously achieve the underlying policy intent. However, it does not anticipate any difficulty in practice because the Civil Aviation Authority will meet its obligations to publish by publishing in its Official Record, as that is its usual practice.

Relationship between Regulation 50(1) and Regulation 50(2)

3. Regulation 50(1) makes it clear that Part 5 of the Regulations applies only to certain decisions made by the Civil Aviation Authority. Regulation 50(2), which is included in Part 5, relates to decisions other than those to which Part 5 applies. The intention behind regulation 50(2) is to make it clear that decisions on matters not covered by regulation 50(1) may be made by an employee of the Civil Aviation Authority as well as by a Member. The Department accepts that the wording of regulation 50 may be confusing to the reader, but again, considers that in practice little, if anything, is likely to turn on it.

Intent and Effect of Regulation 66

4. Regulation 66 is intended to make clear that even where there is an ongoing and formal decision-making process including any hearing, the Civil Aviation Authority (CAA) may continue to use the powers under regulation 38 or 46 to provisionally vary a licence with immediate effect, if in the Civil Aviation Authority's opinion, it is in the interests of consumers to do so. As regulations 38 and 46 provide the CAA with an essential consumer protection measure, the intent behind regulation 66 is to put the scope of these powers beyond any doubt, even though the drafting of regulations 38 and 46 may make this strictly unnecessary.

5. The Department is grateful to the Committee for raising these points, and will consider whether or not appropriate amendments need to be made at the first available opportunity. Such opportunity may arise during the course of next year if the Civil Aviation Bill, currently in the House of Lords, is enacted.

Department for Transport

29 May 2012




 
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