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The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012

S.I. 2012/1017 · Made 2 April 2012 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 31 December 2020.

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ProvisionChangeMade by
reg. 4words omittedPackage Travel and Linked Travel Arrangements 2026 reg. 3(b)

Civil Aviation

Made 2nd April 2012

Laid before Parliament 4th April 2012

Coming into force

for the purpose of all regulations other than regulation 10(f) 30th April 2012

for the purpose of regulation 10(f) 30th April 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(3), 7(1) and (2), 71 and 71A of and paragraph 15 of Schedule 1 to, Part 2 of, and paragraphs 1 and 2 of Part 3 of, Schedule 13 to the Civil Aviation Act 1982 M1.

In accordance with sections 71(2) and 71B of that Act, the Secretary of State has consulted with the Civil Aviation Authority and the trustees of the Air Travel Trust, and in accordance with paragraph 24(1) of Part 3 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 M2, the Secretary of State has consulted with the Administrative Justice and Tribunals Council.

Annotations to the whole text

Marginal citations

M1

1982 c.16. The expression “prescribed” is defined in section 105(1); section 7(2) was amended by sections 37 and 75 of the Criminal Justice Act 1982 (c.48). Sections 71A and 71B were inserted by section 10 of the Civil Aviation Act 2006 (c.34).

M2

2007 c.15. The Civil Aviation Authority is a “listed tribunal” for the purposes of Schedule 7 to that Act by virtue of SI 2007/2951.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Review
  4. 3Revocation of Regulations
  5. 4Interpretation
  6. 4ADefinition of package
  7. 4BProcuring flight accommodation and facilitating its availability
  8. 5Requirements for service of documents
  9. 6Service by post etc
  10. 7Electronic service by the CAA
  11. 8Manner of publication by the CAA
  12. Part 2: REGULATION OF PROVISION OF ACCOMMODATION IN AIRCRAFT
  13. 9Who may make available flight accommodation
  14. 9AProcuring flight accommodation as agent for the consumer
  15. 9BFacilitating the making available of flight accommodation by another person
  16. 10Persons exempt from requirement to hold an ATOL
  17. 11Power to exempt
  18. 12Acting as agent for an ATOL holder
  19. 13Acting as an airline ticket agent
  20. 14Acting as member of an accredited body
  21. 15Restrictions on when flight accommodation may be made available
  22. 16Who may hold themselves out as being able to provide flight accommodation
  23. 17Supply of ATOL Certificate
  24. 18Meaning of specified method
  25. 19Form and content of an ATOL Certificate
  26. 20Information to be provided to the consumer when making available flight accommodation
  27. 21Compliance
  28. 22Requirement for a written agency agreement
  29. 23Failure of an ATOL holder
  30. Part 3: REGULATION OF FLIGHT-PLUS Repealed
  31. 24Definition of a Flight-Plus Repealed
  32. 25Definition of Flight-Plus arranger Repealed
  33. 26Obligations of a Flight-Plus arranger to provide alternative flight accommodation, living accommodation and self-drive car hire prior to departure Repealed
  34. 27Obligations of a Flight-Plus arranger to provide alternative flight accommodation, living accommodation and self-drive car hire after departure Repealed
  35. 28Extent of compensation to be provided for flight accommodation, living accommodation and self-drive car hire Repealed
  36. 29Obligations of a Flight-Plus arranger to provide a refund for tourist services other than flight accommodation, living accommodation and self-drive car hire Repealed
  37. 30Limitation of obligations of Flight-Plus arranger Repealed
  38. Part 4: LICENSING PROVISIONS
  39. Chapter 1: Application for, and refusal of, an ATOL or accreditation as an accredited body
  40. 31Application for and grant of an ATOL or a variation to an ATOL
  41. 32Refusal to grant an ATOL
  42. 33Application for and grant of accreditation as an accredited body
  43. 34Refusal to grant an accreditation
  44. Chapter 2: Revocation, suspension, variation and refusal of ATOL or accreditation
  45. ATOL
  46. 35Revocation, suspension or variation of an ATOL
  47. 36Procedure for revocation, suspension, variation or refusal of ATOL
  48. 37Expedited suspension of an ATOL
  49. 38Provisional variation of an ATOL
  50. 39Application for revocation, suspension or variation of an ATOL
  51. 40Compliance with and variation of ATOL standard terms
  52. 41Supplying false information
  53. Accreditation
  54. 42Validity of an accreditation
  55. 43Revocation, suspension or variation of an accreditation
  56. 44Procedure for revocation, suspension, variation or refusal of accreditation
  57. 45Expedited suspension of an accreditation
  58. 46Provisional variation of accreditation
  59. 47Application for revocation, suspension or variation of accreditation
  60. 48Compliance with and variation of accredited body standard terms
  61. Part 5: DECISIONS AND HEARINGS
  62. Chapter 1: Licensing Procedures
  63. 49Meaning of “the person concerned”
  64. 50Decisions to be made by Member
  65. 51Application for extension of time limit
  66. 52Confidential information
  67. 53Consideration of representations
  68. 54Statement of reasons
  69. 55Publication of Decision
  70. Chapter 2: Requirement for and conduct of hearing
  71. 56Requirement to hold a hearing
  72. 57Giving notice of hearing
  73. 58Expedited hearing
  74. 59Entitlement to attend and be heard
  75. 60Absence of party
  76. 61Technical assessors
  77. 62Right to be represented, produce evidence and examine other persons
  78. 63Hearings in public or in private
  79. 64Procedure at hearing
  80. 65Provision of transcripts
  81. 66Exclusions Repealed
  82. Part 6: APPEALS AND TRANSFER OF LICENCE
  83. 67Appeal to County Court or Sheriff Court
  84. 68Transfer of ATOL
  85. Part 7: OFFENCES, PENALTIES AND PROCEEDINGS
  86. 69Offences and penalties
  87. 70Due diligence defence
  88. 71Time limit for prosecution
  89. Part 8: AMENDMENTS
  90. 72The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007
  91. Part 9: TRANSITIONAL AND SAVING PROVISION
  92. 73Licences granted under the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995
  93. 74ATOL Certificates Repealed
  94. Signature
  95. Schedule Revocations
  96. Explanatory note