Civil Aviation (Air Transport Licensing) Regulations 2007
CIVIL AVIATION (AIR TRANSPORT LICENSING)
REGULATIONS 2007
1
BR 98/2007
CIVIL AVIATION (AIR TRANSPORT LICENSING) ACT 2007
2007 : 15
CIVIL AVIATION (AIR TRANSPORT LICENSING)
REGULATIONS 2007
ARRANGEMENT OF REGULATIONS
1 Citation
2 Interpretation
3 Service of documents
4 Publication by the panel
5 Application for the grant,
revocation, suspension or
variation of licences
6 Revocation, suspension or
variation of licences
without application being
made
7 Variation of schedules of
terms
8 Objections and
representation
9 Furnishing of information
by the Panel
10 Preliminary meetings
11 Preliminary hearings of
allegations of behaviour
damaging to a competitor
12 Hearings in connection
with air transport licences
13 Procedure at hearings
14 Appeals to the Minister
15 Appeal from decisions
after preliminary of
allegations of behaviour
damaging to a competitor
16 Decisions on appeals
17 Transfer of licences
18 Surrender of licences
19 Revocation
SCHEDULE
In exercise of the powers conferred upon the Minister
responsible for Transport by section 18 of the Civil Aviation (Air
CIVIL AVIATION (AIR TRANSPORT LICENSING)
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Transport Licensing) Act 2007, the following regulations are hereby
made:
Citation
1 These Regulations may be cited as the Civil Aviation (Air
Transport Licensing) Regulations 2007.
Interpretation
2 (1) In these Regulations unless the context otherwise
requires—
"Act" means the Civil Aviation (Air Transport Licensing) Act 2007;
“charter service” means an air transport service for reward,
where the aircraft is at the disposal of the person or persons
chartering it;
"decision date" has the meaning assigned to it in regulation
13(7)(a);
"hearing" or "preliminary hearing" means a hearing or
preliminary hearing at which oral evidence or argument may
be heard and "to hear" shall be construed accordingly;
"party" in relation to a case before the Panel means a person
having the right to be heard pursuant to regulation 12(1);
"party" in relation to an appeal to the Minister means any of the
persons specified in regulation 14(3)(c) and (d);
“scheduled service” means an air transport service for reward,
operating to a published time-table and fare structure
available directly to the general public;
"statement of policies" means the statement published by the
Panel pursuant to section 16 of the Act;
"statutory duties" means the duties of the Panel set out in
section 7 of the Act;
"transcript date" has the meaning assigned to it in regulation
13(7)(b).
(2) Any period of time specified in these Regulations by
reference to days, working days or months—
(a) where such period is expressed to begin after a
particular date, shall begin on the first day after that
date, and shall be inclusive of the last day unless that
day falls on a Saturday, Sunday or any other public
holiday, in which case the period shall run to the
immediately following working day; and
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(b) where such period is expressed to run to or expire before
a particular date or event, the period shall be calculated
to expire on the last working day before the particular
date or the date of that event.
(3) In computing any period of time specified in these
Regulations by reference to hours or working days the whole of any
Saturday, Sunday or other public holiday shall be disregarded.
(4) For the purposes of these Regulations, a need to allocate
scarce bilateral capacity arises when the Panel has been notified by the
Minister that in the Minister’s opinion, by virtue of any provision made
by or under the terms of an air services agreement or other international
agreement or arrangement applying to Bermuda or Bermudian airlines,
the share of the capacity on air transport services which may be provided
by Bermudian airlines within the meaning given by section 2 of the Act
(whether capacity is expressed in terms of the number of passenger seats
or the amount of cargo carrying space which may be offered for sale by
such operators, or otherwise) will, within 6 months of the date of
notification, be insufficient to enable all persons holding air transport
licences (authorising them to operate such air transport services) to
make available all the capacity which they plan to provide.
Service of documents
3 (1) Anything required to be served on any person under these
Regulations or under the Act shall be set out in a notice in writing which
may be served either—
(a) by delivering it to that person;
(b) by leaving it at the proper address of that person;
(c) by sending it by prepaid registered post to the proper
address of that person, in which event the notice shall
be regarded as served when it first becomes available for
collection; or
(d) by sending it to that person at his proper address by
facsimile or other electronic communication which
produces a document containing a text of the notice, or
from which such a document can be produced, in which
event the notice shall be regarded as served when such
communication is received;
and where the person is a body corporate the notice may be served upon
the secretary of that body.
(2) For the purposes 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.
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Publication by the Panel
4 Any notice or other matter (not being a schedule of terms
referred to in regulation 7) required by these Regulations, or the Act, to
be published by the Panel shall, unless these Regulations or the Act
provide otherwise in respect of such notice or matter, be published by
the Panel in the Gazette.
Application for the grant, revocation, suspension or variation of
licences
5 (1) The Panel may refuse to consider an application for the
grant, revocation, suspension or variation of an air transport licence
unless—
(a) subject to regulation 11, in the case of an application for
the grant of a licence it has been served on the Panel not
less than 6 months before the beginning of the period for
which the licence is proposed to be in effect, and in any
other case it has been served on the Panel not less than
6 months before the date on which it is proposed that
the revocation, suspension or variation shall take effect;
(b) in the case of an application for the grant of a licence,
the application has been made in such form and
contains such particulars as the Panel may specify by
publication in such manner as the Panel thinks fit; and
(c) the application is accompanied by any applicable fee as
specified in the Schedule hereto.
(2) Any person of a description specified in regulation 12(1)(b)
or (c) may apply to the Panel for the variation, suspension or revocation
of an air transport licence but, no person may apply for the variation of
such a schedule of terms as is mentioned in regulation 7.
(3) The Panel shall refuse to consider an application for the
revocation, suspension or variation of an air transport licence made by a
person other than the holder of the licence unless a copy of the
application has been served on the holder within 24 hours after it has
been served on the Panel.
(4) The Panel shall as soon as may be after an application for
the grant, revocation, suspension or variation of an air transport licence
has been served upon it in accordance with this regulation publish such
particulars of the application as it thinks necessary for indicating the
substance of the application, and shall make a copy of the application
available at the office of the Department of Civil Aviation for inspection
by any person at any reasonable time:
Provided that—
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(a) the Panel may dispense with publication in any case
where it is satisfied that for reasons of urgency it is
desirable to do so and it is of the opinion that to do so is
unlikely to prejudice the interests of any persons of a
description specified in regulation 12(1);
(b) the Panel may dispense with publication in the case of
an application—
(i) for the grant of a licence for not more than four
flights in any one direction between the same
two places;
(ii) made by its holder for the revocation or
suspension of a licence;
(iii) for the variation of a licence if in its opinion to
do so is unlikely to prejudice the interests of any
persons of a description specified in regulation
12(1).
(5) If within 12 months after the date on which objections to
and representations about an application for the grant, variation,
suspension or revocation of an air transport licence must have been
served on the Panel pursuant to regulation 8, the Panel has neither
made a decision on the application nor given notice pursuant to
regulation 12(3) of the date, time and place of the hearing of such
application, it shall as soon as may be republish such particulars of the
application as it thinks necessary for indicating the substance of the
application and shall republish such particulars at 12 monthly intervals
thereafter until such time as a decision has been made on the
application or notice has been given as aforesaid pursuant to regulation
12(3).
(6) The Panel may direct that an application shall be treated as
being such number of separate applications as it may specify in the
direction, and the application shall be treated accordingly.
Revocation, suspension or variation of licences without application
being made
6 (1) Subject to paragraph (3) of this regulation, if the Panel
proposes to revoke, suspend, or vary an air transport licence (other than
in pursuance of an application made to it in that regard) on the ground
that it is not or is no longer satisfied as to the matters specified in
section 9(3) of the Act, it shall—
(a) serve on the holder of the licence not less than 21 days'
notice of its intention to publish particulars of the
proposal together with the reasons for its proposal;
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(b) consider any representations which may be made to it
by the holder of the licence before the expiration of the
said notice; and
(c) as soon as may be after the expiration of the said notice
or at such earlier time as the Panel and the holder of the
licence may agree, publish particulars of the proposal
unless it has abandoned the proposal:
Provided that the Panel may—
(i) with the consent of the holder of the licence
dispense with publication of its proposal to
revoke or suspend the licence;
(ii) dispense with publication of its proposal to vary
the licence if it is satisfied that the variation is
unlikely to prejudice the interests of any person
of a description specified in regulation 12(1).
(2) Subject to paragraph (3) of this regulation, if the Panel
proposes to revoke, suspend or vary an air transport licence on grounds
other than those referred to in paragraph (1) of this regulation and
otherwise than in pursuance of an application made to it in that regard,
it shall publish particulars of the proposal and of the reasons for it,
unless—
(a) the Minister has directed the Panel to revoke, suspend
or vary the licence as proposed or the proposal is made
pursuant to a direction made by the Minister under
regulation 16(1) to re-hear the case;
(b) the Panel is satisfied that to dispense with publication is
unlikely to prejudice the interests of any person of a
description specified in regulation 12(1) and the holder
of the licence consents to the proposal not being
published.
(3) The Panel may suspend an air transport licence
notwithstanding that it has not complied with the requirements of
paragraph (1) or (2) of this regulation if it has served on the holder of the
licence not less than 6 working days' notice of its proposal to suspend
the licence, together with its reasons for the proposal, and if, after
considering any representations which may be made to it by the holder
of the licence before the expiration of such notice it is not, or is no
longer, satisfied as mentioned in section 9(3) of the Act.
(4) Before reaching a decision that it has reason to believe that
the holder of an air transport licence is not a person mentioned in
section 9 (4) of the Act, the Panel shall—
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(a) serve on the holder of the licence not less than 21 days'
notice of its intention to consider the matter; and
(b) consider any representations which may be made to it
by the holder of the licence before the expiration of the
said period.
Variation of schedules of terms
7 (1) If the Panel establishes any schedule of terms and includes
in any air transport licence a term that the holder of the licence shall
comply with terms set out in that schedule as varied from time to time by
the Panel, the Panel may at any time propose to vary that schedule or
any part thereof, and any such proposal shall for the purposes of these
Regulations be treated as a proposal for the variation of every air
transport licence which contains such a term as aforesaid relating to
that schedule or that part of that schedule, as the case may be.
(2) When any air transport licence contains such a term as
aforesaid relating to a schedule, the Panel shall publish that schedule
and any variation to it, and shall give notice of such publication in the
Gazette.
(3) The Panel shall maintain a list of the names and addresses
of all persons who hold an air transport licence which includes such a
term as is referred to in paragraph (1) of this regulation and shall serve
copies of that list on any person who so demands.
Objections and representations
8 (1) Any person may serve on the Panel an objection to, or
representation about, an application or proposal for the grant,
revocation, suspension or variation (other than the provisional variation)
of an air transport licence if he does so—
(a) where an application or proposal is published, within
such period (being, subject to paragraph (2) of this
regulation, not more than 21 days nor less than 7 days)
as the Panel may specify when publishing the
application or proposal;
(b) where the application or proposal is not published, but
he has been notified by the Panel that the application or
proposal has been made and will not be published,
within 3 working days after being so notified:
Provided that nothing herein shall—
(a) permit the Panel to specify a period of less than 21 days
for the service of objections or representations unless it
is satisfied that for reasons of urgency it is desirable to
do so;
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(b) permit the Panel to specify a period of less than 21 days
for the service of objections or representations in a case
where it has made a proposal pursuant to regulation 6,
unless it has proposed to—
(i) revoke, suspend or vary an air transport licence
in accordance with a direction given by the
Minister;
(ii) vary an air transport licence for the sole reason
that there is a need to allocate scarce bilateral
capacity.
(2) Where the person making the objection or representation is
the holder of an air transport licence he shall, within 24 hours after it
has been served on the Panel, serve a copy of it on—
(a) the applicant;
(b) any other person who is the holder of the licence to
which the application or proposal relates;
and where the person making the objection or representation is not the
holder of an air transport licence, the Panel shall within 7 days after the
day on which the objection or representation has been served on the
Panel serve a copy of it on the said persons, indicating whether the
person making the objection or representation wishes to be heard
pursuant to regulation 12.
(3) Upon being served as aforesaid, the applicant shall, if so
required in writing by the person making the objection or representation,
serve him with a copy of the application within 3 working days after
being required so to do.
(4) References in this regulation to publication include
references to republication pursuant to regulation 5(5), but when an
application is republished, nothing in this regulation shall require a
person who has served an objection to or representation about the
application when it was previously published to re-serve that objection or
representation.
Furnishing of information by the Panel
9 Before the date fixed for the hearing of a case pursuant to
regulation 12, the Panel shall serve on any person who has the right to
be heard in connection with the case or whom the Panel proposes to hear
a copy of, or a summary of, any information in the possession of the
Panel which has been provided in connection with the case or which the
Panel has reason to believe will be referred to at the hearing of the case:
Provided that—
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(a) the Panel shall not serve any such information which
has been provided by the Minister if the Minister has
certified to the Panel that it would not be in the public
interest for it to be disclosed;
(b) before serving such information which has been
provided by any other person (not being a person who
has provided information in connection with the case
but does not wish to be heard) the Panel shall consult
that person and shall not serve any information which in
its opinion relates to the commercial or financial affairs
of the person who has provided it and cannot be
disclosed to the prospective recipient without
disadvantage to the person who has provided it which,
by comparison with the advantage to the public and the
prospective recipient of its disclosure to him, is
unwarranted.
Preliminary Meetings
10 (1) Before the date fixed for the hearing of a case pursuant to
regulation 12, the Panel may hold a preliminary meeting to discuss the
conduct of the case.
(2) The Panel shall give to every party to the case and to every
person whom the Panel proposes to hear in connection with the case
notice of the date, time and place of the preliminary meeting and any
such person may attend in person or be represented by any person
whom he may have authorised to represent him.
(3) Preliminary meetings may, with the consent of the other
members of the Panel, be conducted on behalf of the Panel by the
Director of Civil Aviation.
Preliminary hearings of allegations of behaviour damaging to a
competitor
11 (1) This regulation applies where the holder of any air transport
licence (hereinafter in this regulation referred to as "the applicant")—
(a) has applied to the Panel for the variation of an air
transport licence held by another person (hereinafter in
this regulation referred to as "the respondent") for the
purpose of restraining the respondent from engaging in
behaviour damaging to the applicant's business;
(b) has included in his application a statement giving
particulars of the behaviour complained of and of the
extent to which the applicant's business is being or is
likely to be damaged thereby;
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(c) has asked for a preliminary hearing of the application
with a view to the respondent's air transport licence
being provisionally varied pending a hearing pursuant to
regulation 12; and
(d) has served a copy of his application on the respondent
on the same day as he has served it on the Panel.
(2) The respondent shall, within 5 working days after the date
of service of the application, serve on the Panel and on the applicant any
representations he may wish the Panel to take into account in
determining whether to hold a preliminary hearing.
(3) The Panel shall within 10 working days after the date of
service of the application notify the applicant and the respondent of the
date (which shall be within 20 working days after the date of service of
the application), time and place of the preliminary hearing or of the fact
that it has decided not to hold a preliminary hearing.
(4) Notice of the date, time and place of a preliminary hearing
shall be of such length as is reasonably practicable and shall be given by
such means (whether oral or written) as the Panel thinks fit.
(5) The Panel shall hold a preliminary hearing only if, having
considered the terms of the application and of any representations
served on it pursuant to paragraph (2) of this regulation, it is of the
opinion that—
(a) there is prima facie evidence that the behaviour
complained of by the applicant is being engaged in by
the respondent and that behaviour has or is likely to
have the effect of seriously damaging the business of the
applicant; and
(b) having regard to its statutory duties, its statement of
policies and to the urgency of the matter such a hearing
is warranted.
(6) The applicant and the respondent shall have a right to be
heard at a preliminary hearing and the Panel may hear such other
persons as it thinks fit.
(7) Regulations 9, 13(1), (4), (5) and (6) shall apply in relation to
a preliminary hearing as they apply in relation to a hearing pursuant to
regulation 12.
(8) At a preliminary hearing the applicant and the respondent
shall have the same rights as a party to a case in a hearing pursuant to
regulation 12 and the Panel may, to such extent as it thinks fit, permit
any other person whom it decides to hear to exercise the same rights.
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(9) Within 5 working days after the end of the preliminary
hearing the Panel shall notify the applicant and the respondent in
respect of the application—
(a) whether or not it has decided provisionally to vary the
respondent's air transport licence;
(b) if so, the terms of the provisional variation; and
(c) the date, time and place of the hearing to be held
pursuant to regulation 12;
and shall furnish its reasons for the decision, as required by section 11
of the Act within 10 working days after the end of the preliminary
hearing.
(10) The only decision which may be taken by the Panel after a
preliminary hearing is a decision provisionally to vary or to refuse
provisionally to vary the respondent's air transport licence; and if the
Panel provisionally varies the respondent's licence it shall in so doing
provide that the provisional variation will cease to have effect when the
decision reached by the Panel following a hearing pursuant to regulation
12 takes effect.
Hearings in connection with air transport licences
12 (1) Before any decision to grant, refuse to grant, revoke,
suspend or vary (other than provisionally) an air transport licence is
made, the following persons shall have a right to be heard—
(a) the applicant;
(b) the holder of an air transport licence;
(c) the holder of an air operator's certificate granted by the
Director of Civil Aviation under an Air Navigation
(Overseas Territories) Order;
(d) such persons (being persons who wish to be heard and
who have served objections or representations pursuant
to regulation 8 expressing the views of passengers or
shippers of cargo) as appear to the Panel to be
representative of those who have served such objections
or representations:
Provided that no person (other than the applicant and the holder
of the licence to which the decision will relate) shall have a right to be
heard unless he has served an objection or representation pursuant to
regulation 8 and (unless he is a person of a description specified in
subparagraph (d) of this regulation) in so doing has stated that he wishes
to be heard.
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(2) Notwithstanding that a person does not have the right to be
heard, the Panel may, if it thinks fit, hear him provided he has served an
objection or a representation pursuant to regulation 8.
(3) No hearing shall be held pursuant to this regulation unless
the Panel has served on all persons having a right to be heard and whom
it proposes to hear in connection with the case not less than 14 days'
notice of the date, time and place of the hearing, and the notice shall
clearly identify the application or proposal to which it relates; and a
similar notice shall be published in the Gazette not less than 7 days
before the date of the hearing:
Provided that in cases where the Panel is satisfied that for
reasons of urgency it is desirable to do so, a hearing may be held without
such notice having been served and published as aforesaid if the Panel
has given notice of the date, time and place of the hearing, being notice
of such length and by such means (whether oral or written) as it thinks
fit, to the applicant and any person of a description specified in
paragraph (1) of this regulation whose interests are in the opinion of the
Panel likely to be prejudiced by the granting of the application.
(4) Two or more cases may be heard together, if the Panel
thinks fit, but a party to one case shall not on that account be deemed to
be a party to any other case.
Procedure at hearings
13 (1) Hearings shall be conducted by the Panel, sitting with such
advisers as it thinks fit.
(2) At a hearing every party to a case may appear in person or
be represented by any other person whom he may have authorised to
represent him, and may produce oral and written evidence and may
examine any other party to that case, any person whom the Panel hears
pursuant to regulation 12(2) and any witnesses produced by any such
party or person; and the Panel may, to such extent as it thinks fit, permit
any person heard by it pursuant to regulation 12(2) to exercise at the
hearing the rights set out in this paragraph of a party to the case.
(3) Any person who has served an objection or representation
pursuant to regulation 8 but who does not wish to be heard, may make a
written submission which he shall serve on the Panel not less than 3
working days before the date fixed for the hearing of the case.
(4) Every hearing shall be held in public unless the Panel shall
otherwise decide in relation to the whole or part of a particular case.
(5) The failure of the Panel or of any person to give notice or
publish any particulars in the time or manner provided for in the Act or
in these Regulations or any other procedural irregularity shall not
invalidate the action taken by the Panel; and the Panel may, and shall if
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it considers that any person may have been prejudiced, take such steps
as it thinks fit before reaching its decision to cure the irregularity,
whether by the giving of notice or otherwise.
(6) All the proceedings at a hearing of the Panel in connection
with a case shall be recorded by a shorthand writer or by some other
means, and if any person requests a record of the proceedings the Panel
shall cause a mechanical recording or transcript of the shorthand or
other record to be made available for purchase by that person at a
reasonable price:
Provided that—
(a) the Panel shall not be required to make available a
mechanical recording or transcript of the record of the
proceedings at any time after the expiry of one year from
the day of publication of its decision of the case; and
(b) a mechanical recording or transcript of the record of
proceedings conducted otherwise than in public shall
only be required to be made available for purchase by
any party to the case or by any other person heard by
the Panel at those proceedings.
(7) When the Panel provides to a person having a right of
appeal pursuant to regulation 14(1)—
(a) notification in writing of its decision of the case, the
notification shall specify a date, being not less than 3
working days after the date on which a copy of the
notification was available for collection by or despatch to
that person (which date is hereinafter referred to as "the
decision date");
(b) a mechanical recording or transcript of the record of
proceedings in the case pursuant to a request made by
that person within 7 days after the decision date, the
recording or transcript shall be accompanied by a
statement specifying a date, being not less than 3
working days after the date on which the recording or
transcript was available for collection by or despatch to
that person (which date is hereinafter referred to as "the
transcript date");
and the Panel shall as soon as may be thereafter publish the decision
date and the transcript date.
Appeals to the Minister
14 (1) Every party to a case before the Panel (not being a person
having a right to be heard by virtue only of regulation 12(1)(d)) shall have
a right of appeal to the Minister in accordance with the provisions of this
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regulation from the Panel's decision with respect to an air transport
licence or an application for a licence.
(2) An appeal to the Minister shall be made by a notice signed
by or on behalf of the appellant and clearly identifying the case to which
it relates and stating the grounds on which the appeal is based and the
arguments on which the appellant relies.
(3) The appellant shall serve the notice of appeal on—
(a) the Minister;
(b) the Panel;
(c) each of the parties to the case before the Panel;
(d) each person whom, pursuant to regulation 12(2), the
Panel had decided to exercise its discretion to hear in
connection with the case, whether that person was
heard or not.
(4) Subject to paragraph (9) of this regulation, the notice of
appeal shall be served within 21 days after the decision date or, if the
appellant has made such a request as is referred to in regulation 13(7)(b)
and has within 24 hours after making his request to the Panel served
notice on each of the persons referred to in paragraphs (3)(a), (c) and (d)
of this regulation that he has done so, not later than 21 days from the
transcript date.
(5) Any person having the right to appeal against a decision of
the Panel may require it to furnish him with the names and addresses of
the persons of the description specified in paragraph (3)(c) or (d) of this
regulation.
(6) Subject to paragraph (9) of this regulation, any party to the
appeal (other than the appellant) may within 14 days after service thereof
serve on the Minister a submission giving reasons why the Panel's
decision should or should not be upheld and shall within such period
serve copies of any such submission on the Panel, the appellant and the
persons who have been served with notice of the appeal pursuant to
paragraph (3)(c) and (d) of this regulation.
(7) Subject to paragraph (9) of this regulation, within 28 days
after receiving notice of an appeal, the Panel shall serve on the Minister
any submission it may wish to make in connection with the appeal,
including, if it thinks fit, an amplification and explanation of the reasons
for its decision, and shall, within such period, serve copies of any such
submission on the appellant and on the persons who have been served
with notice of the appeal pursuant to paragraph (3)(c) and (d) of this
regulation.
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(8) Subject to paragraph (9) of this regulation, within 14 days
after the expiry of the period of 28 days referred to in the preceding
paragraph of this regulation, the appellant may serve on the Minister a
reply to any submission made pursuant to paragraph (6) or (7) of this
regulation and shall within such period serve copies of any such reply on
the Panel and on the persons who have been served with notice of the
appeal pursuant to paragraph (3)(c) and (d) of this regulation.
(9) Where a case has come before the Panel solely because of a
need to allocate scarce bilateral capacity, the references in paragraph (4)
to 21 days shall be taken as references to 5 working days, the reference
in paragraph (6) to 14 days shall be taken as a reference to 5 working
days, the reference in paragraph (7) to 28 days shall be taken as a
reference to 8 working days and in paragraph (8) for the words "within 14
days after the expiry of the period of 28 days" there shall be substituted
"within 4 working days after the expiry of the period of 8 working days".
(10) Before deciding an appeal the Minister may—
(a) ask the appellant, any other person who has made a
submission pursuant to the preceding paragraphs of this
regulation, or the Panel, to amplify or explain any point
made by them or to answer any other question, the
answer to which appears to the Minister necessary to
enable him to determine the appeal, and the Minister
shall as the case may be give the appellant, the other
parties to the appeal and the Panel an opportunity of
replying to such amplification, explanation or answer;
(b) obtain from the Panel any information which is in the
possession of the Panel but which, pursuant to
paragraph (b) of the proviso to regulation 9, the Panel
did not furnish to any person having the right to be
heard by the Panel in connection with the case; and the
Minister shall give the Panel and the person who
provided the information to the Panel an opportunity of
making written submissions in connection with any
information so obtained; and a copy of any submission
of the Panel made pursuant to this subparagraph shall
be served only on the person who provided the
information to the Panel; and a copy of any submission
of that person or body made pursuant to this
subparagraph shall be served only on the Panel.
(11) In the appeal proceedings no person may submit to the
Minister evidence which was not before the Panel when it decided the
case.
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Appeal from decisions after preliminary hearings of allegations of
behaviour damaging to a competitor
15 (1) Regulation 14 shall apply in relation to appeals from
decisions of the Panel after preliminary hearings of allegations of
behaviour damaging to a competitor as it applies in relation to any other
case but with the modifications herein set out.
(2) Those modifications are—
(a) in paragraph (1) the reference to every party shall be
taken as a reference to the applicant and the
respondent;
(b) in paragraph (3) the reference in subparagraph (c) to
each of the parties shall be taken as a reference to the
applicant or respondent, as the case may be, and the
reference in subparagraph (d) to regulation 12(2) shall be
taken as a reference to regulation 11(6);
(c) in paragraph (4) the first reference to 21 days shall be
taken as a reference to 5 working days and the reference
to the decision date shall be taken as a reference to the
date upon which the Panel furnished reasons for its
decision; and all the subsequent words in that
paragraph (which relate to a request for a transcript and
a time from the transcript date) shall be deleted;
(d) in paragraph (6) the reference to 14 days shall be taken
as a reference to 5 working days;
(e) in paragraph (7) the reference to 28 days shall be taken
as a reference to 8 working days;
(f) in paragraph (8) for "within 14 days after the expiry of
the period of 28 days" there shall be substituted "within
4 working days after the expiry of the period of 8
working days".
Decisions on appeals
16 (1) The Minister may if he thinks fit uphold the decision of the
Panel or direct it to re-hear the case which is the subject of the appeal or
to reverse or vary its decision.
(2) The Minister shall notify the Panel, the appellant and the
persons who have been served with the notice of appeal pursuant to
regulation 14(3) of his decision and of the reasons for it and the Panel
shall publish the Minister’s notification in such manner as it thinks fit
and shall give notice of such publication in the Gazette.
(3) Where the Minister directs the Panel to re-hear a case he
shall at the same time notify the Panel and persons referred to in
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paragraph (2) of this regulation whether the Panel's decision is to have
effect pending the further decision of the Panel.
(4) In determining an appeal the Minister may, if he thinks fit,
order the appellant to pay to any other party thereto a specified sum in
respect of costs incurred by the other party in connection with the
appeal.
(5) The failure of any person (other than the appellant in
serving notice of appeal on the Minister within the time prescribed in
regulation 14(4)) to serve any notice, submission or reply, or copies
thereof or to furnish any particulars in the time or manner provided for
in the Act or in these Regulations or any other procedural irregularity
shall not invalidate the decision of the Minister; and the Minister may,
and shall if he considers that any person may have been prejudiced, take
such steps as he thinks fit before deciding the appeal to cure the
irregularity.
Transfer of licences
17 (1) Subject to the provisions of this regulation—
(a) if the sole holder of an air transport licence (being an
individual) dies, the licence shall be treated from the
time of his death as if it had then been granted to his
legal personal representative;
(b) if in connection with the reconstruction of any body
corporate or the amalgamation of any bodies corporate
the whole of the business of the holder of a licence
(being a body corporate), or such part thereof as
includes the provision of carriage by air for reward of
passengers or cargo, is transferred or sold to another
body corporate, the licence shall be treated, from the
date of the transfer or sale of the whole or the relevant
part of the business, as if it had been granted to that
other body corporate.
(2) The person required by paragraph (1) of this regulation to
be treated as the holder of the air transport licence may apply to the
Panel—
(a) if he is the legal personal representative of an individual
licence holder who has died, for the transfer of the
licence to any person entitled to a beneficial interest in
the deceased's estate (including himself in his personal
capacity if he is in that capacity entitled to such an
interest); and
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(b) in any other case, for the substitution of his own name
in the licence for the name of the person by whom the
licence was held.
(3) The application shall state the grounds on which it is based
and shall be served on the Panel within 21 days after the date on which
the applicant first became entitled to make it; and if no application as
aforesaid is made within that period the air transport licence shall cease
at the expiration of that period to be treated as if granted to a person
other than the person to whom it was granted.
(4) The application shall, for the purposes of these Regulations
be treated as if it were an application for the variation of the air transport
licence, and the provisions of regulations 14 and 16 as to appeals shall
apply accordingly.
(5) The Panel shall not grant an application for the transfer of
an air transport licence to, or the substitution of the name of, any person
if it would be bound under section 9 (3) or (4) of the Act to refuse that
application if it were an application for the grant of a licence to that
person.
(6) For the purposes of this regulation "legal personal
representative" means a person constituted executor, administrator or
other representative of a deceased person by probate, administration or
other instrument.
Surrender of licences
18 If revocation or variation of an air transport licence has taken
effect, the Panel may require any person who has the licence in his
possession or control to surrender it for cancellation or variation, as the
case may be and any person who fails, without reasonable cause, to
comply with any such requirement, shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding $20,000.
Revocation
19 The Air Transport (Licensing) Regulations 1950 are revoked.
SCHEDULE
(FEES)
1 Subject to paragraph 2, the fee to be paid under regulation 5 in
respect of the grant of an air transport licence (in this Schedule referred
to as the “application fee”) for a scheduled service shall be $3000.
2 No application fee shall be payable in respect of an application
for an air transport licence—
(a) by an airline which has its principal place of business in
the United Kingdom or any territory, other than
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Bermuda, for whose foreign relations Her Majesty’s
Government in the United Kingdom is responsible; or
(b) to operate only charter services.
3 Where an application fee is paid to the Panel in respect of the
grant of an air transport licence, no refund of the fee, or any part of the
fee, shall be made—
(a) to the applicant, whether or not the licence is granted; or
(b) to the licence holder, upon revocation, suspension or
surrender of the licence, or otherwise.
Made this 10th day of December, 2007
Premier
