Regulation 26 Review of CAA decisions
A decision by the CAA to—
refuse to grant a noise certificate or exemption,
revoke or vary a noise certificate, or
revoke an exemption
may be made on behalf of the CAA only by a member or employee of the CAA. Where the CAA makes a decision with respect to any of the matters referred to in this paragraph it shall serve on the applicant for a noise certificate or exemption or the holder or any person having the possession or custody of the noise certificate or exemption, as the case may be, a notice stating the reasons for the decision and the applicant or holder may, within 14 days after the date of service of that notice, serve on the CAA a request that the case be reviewed by the CAA.
The function of deciding a case where such a request has been duly served on the CAA may not be performed on behalf of the CAA by any other person and for the purpose of making any decision in such a case a quorum of the CAA shall be one member. The CAA shall sit with such technical assessors to advise it as the CAA may appoint but the CAA shall not appoint as an assessor any person who participated in the decision which is the subject of the CAA’s review. Where such a request has been duly served the CAA shall, before making a decision, consider any representations which may have been served on it by the person concerned within 21 days after the date of service of the notice given by the CAA pursuant to paragraph (1). Where the CAA makes a decision pursuant to this paragraph it shall be the duty of the CAA to serve a statement of its reasons for the decision on the person concerned.
Anything required to be served on any person under this regulation shall be set out in a notice in writing which may be served by—
delivering it to that person,
leaving it at his proper address,
sending it by post to that address, or
sending it to him at that address by telex or other similar means which produce a document containing the text of the communication, in which event the document shall be regarded as served when it is received,
and where the person is a body corporate the document may be served on the secretary of that body.
For the purpose of this regulation, the proper address of any person shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of the person to be served.
In this regulation “vary a noise certificate” means the addition, omission or variation of any conditions subject to which a noise certificate may be granted.