# The Civil Aviation Authority (Amendment) Regulations 1987, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Civil Aviation Authority Regulations 1983 (“the 1983 Regulations”.) The changes are:—
(1) Where the Civil Aviation Authority is directed by the Secretary of State to refuse to put an aircraft on the United Kingdom register or to cancel or amend a registration or to refuse, revoke, suspend or vary a certificate, licence, approval or rating required by the Air Navigation Order, it may do so without complying with the procedures specified in regulation 6 of the 1983 Regulations (regulation 2(1)).
(2) Where traffic distribution rules made under section 31 of the Airports Act 1986 and the Authority`s duty under sub-section (2) of that section so to carry out its air transport licensing functions as to secure that such rules are complied with, require that an air transport licence be refused, revoked, suspended or varied, the Authority is not required to hear interested parties, to consult, in relation to the Channel Islands, the persons specified in paragraph (a) of regulation 16, the Isle of Man Department of Highways, Ports and Properties or in relation to Gibraltar, the Secretary of State, or to publish notice of its proposal to revoke, suspend or vary a licence (regulation 2(2), (4) and (6)). Where traffic distribution rules may lead to refusal, revocation, suspension or variation of a licence but do not require such action, a hearing, consultation if appropriate, and publication of proposals is still required.
(3) In future the Authority is required to consult such person or persons as may be designated for that purpose by the Bailiffs of Jersey and Guernsey and the President of the States of Alderney rather than the Channel Islands Air Advisory Council before making any decision in relation to any air transport licence authorising flights to, from or within the Channel Islands (regulation 2(3)). The Authority is required to give notice of any preliminary meeting held to discuss the conduct of any case and notice of the hearing of any case to any person who has responded in writing after being consulted by the Authority pursuant to regulation 16 (which provides also for consultation with the Isle of Man Department of Highways, Ports and Properties and the Secretary of State in the case of decisions relating to flights to, from or within the Isle of Man or Gibraltar respectively) (regulations 2(5) and (7)). Where, for reasons of urgency, a hearing is held without such notice having been served provision is made for the Authority to give notice of the hearing to any person consulted by the Authority pursuant to regulation 16 even if they have not responded (regulation 2(8)). In addition, where a person consulted pursuant to regulation 16 has responded in writing and that person, or a person acting on his behalf, attends the hearing the Authority is required to give him opportunity at the hearing to make observations on the evidence and arguments advanced by the parties to the case and by any person heard by the Authority pursuant to regulation 19(3) of the 1983 Regulations and to give those persons opportunity at the hearing to respond to the observations (regulation 2(9)).

---
Source: https://www.legislation.gov.uk/uksi/1987/379/note (the official version)
Page: https://openlegislation.uk/civil-aviation-authority-amendment-regulations-1987/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.