OpenLegislation

Section 25 Appeal to Competition and Markets Authority : modification of licence conditionsF5I1

(1)

An appeal lies to the F1 Competition and Markets Authority against a decision by the CAA to modify a licence condition under section 22.

(2)

An appeal may be brought under this section only by—

(a)

the holder of the licence, or

(b)

a provider of air transport services whose interests are materially affected by the decision.

(3)

An appeal may be brought under this section only with the permission of the F2 Competition and Markets Authority .

(4)

An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.

(5)

The F3 Competition and Markets Authority may refuse permission to appeal under this section only on one of the following grounds—

(a)

that the appeal is brought for reasons that are trivial or vexatious,

(b)

that the appeal does not have a reasonable prospect of success, or

(c)

that subsection (6) is satisfied.

(6)

This subsection is satisfied if the appeal is brought—

(a)

against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under section 24 or this section, and

(b)

on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.

(7)

In subsection (6), in relation to an applicant, “relevant connected person” means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the F4 Competition and Markets Authority .

Annotations

Textual amendments

F1

Words in s. 25(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 142(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Words in s. 25(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 142(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Words in s. 25(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 142(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Words in s. 25(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 142(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5

Words in s. 25 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 142(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1

S. 25 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)