Civil Aviation (Licensing)
Regulations 1964
Jersey R & O 4590
Civil Aviation (Licensing) Act, 1960.
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CIVIL AVIATION (LICENSING) REGULATIONS, 1964.
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(Registered on the 16th day of October,
1964).
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THE MINISTER OF AVIATION, in exercise of
his powers under section 1(3), section 2(1), (5) and (8) and section 5 of the Civil Aviation
(Licensing) Act, 1960, and of that Act as extended
to the Isle of Man by the Civil Aviation (Licensing) Act, 1960, (Isle of Man)
Order, 1961, and to the Channel Islands by the Civil Aviation
(Licensing) Act, 1960 (Channel Islands) Order, 1961, and of all other powers enabling him in that behalf,
hereby makes the following Regulations, after consultation with the Council on
Tribunals in respect of Regulations 4 to 11, 13, 14 and 21 thereof in
accordance with section 8 of the Tribunals and Inquiries Act, 1958, as applied to the
Air Transport Licensing Board by the Tribunals and Inquiries
(Air Transport Licensing Board) Order, 1960, and with the approval
of the Treasury of Regulation 17 thereof:
-
Citation and Operation
1. These Regulations shall come into
operation on 4th January, 1965, and may be cited as the Civil Aviation
(Licensing) Regulations, 1964.
Interpretation and Supplementary
2.-(1) The Interpretation Act, 1889,
shall apply for the interpretation of these Regulations as it applies for the
interpretation of an Act of Parliament.
(2) In these Regulations,
unless the context otherwise requires –
“the Act” means the Civil Aviation (Licensing) Act, 1960;
“Charter service” means an air transport service (not being an
exempted service) which is provided under a contract of hire giving –
(a) a single hirer the exclusive right to use
the carrying capacity of the aircraft; or
(b) several hirers the right to use together
the total carrying capacity of the aircraft for the carriage only of ships’
crews (including masters), their baggage and parts or equipment for ships;
“Class A licence” means a licence for an air transport service (not being a charter
service) between places named in the licence
involving more than four flights in any one direction between the same two
places;
“Class B licence” means a licence for a charter service between places named in the licence (not being a group charter service) involving more
than four flights in any one direction between the same two places;
“Class C licence” means a licence for an air transport service between places named
in the licence involving not more than four flights
in any one direction between the same two places;
“Class D licence” means a licence for a group charter service between places named in
the licence, involving more than four flights in any
one direction between the same two places;
“Class E licence” means a licence for an air transport service which is not
restricted to flights between places named in the licence;
“Class F licence” means a licence for a flight for any purpose, other than the
provision of an air transport service, for which a licence
is required by the Act;
“Exempted service” means a service provided solely by means of
flights exempted by Regulation 3 of these Regulations from the requirement of a
licence;
“Group charter service” means a charter service (not being an
exempted service) in relation to which all the conditions of either of the
categories specified in Schedule 1 hereto are complied with;
“Hearing” means a hearing at which oral evidence or argument may be
heard, and “to hear” shall be construed accordingly;
“Licence” means an air service licence under section 2 of the Act;
[“Northern England” means the
Counties of Cumberland, Durham,
Northumberland, Westmorland and the North Riding of Yorkshire;]
[“North West England” means the Counties of Chester and Lancaster,
the Municipal Boroughs of Buxton and Glossop, the Urban Districts of Whaley
Bridge and New Mills and the Rural District of Chapel-en-le-Frith;
“Official record”, in relation to the Board, means a publication
entitled “Civil Aviation Licensing Notices” and published by or on behalf of
the Board;
“Operator”, in relation to an aircraft, means the person for the
time being having the management of that aircraft;
“Party”, in relation to a case before the Board, has the meaning
assigned to it by Regulation 10(4) of these Regulations;
“Party”, in relation to an appeal to the Minister, has the meaning
assigned to it by Regulation 14(8) of these Regulations;
“Proposal” means a proposal of the Board under Regulation 6 of
these Regulations.
[“The West Midlands” means the
Counties of Hereford, Salop, Stafford, Warwick and Worcester.]5
(3) For the purposes of
these Regulations, and of section 26 of the Interpretation Act, 1889,
in its application to these Regulations, a document may be served on any person
by sending it by post in a letter addressed to that person at his last or usual
place of abode or place of business.
(4) In computing any period
of time specified in these Regulations by reference to days or months, the
period shall be reckoned exclusively of the first day and inclusively of the
last day.
(5) In computing any period
of time specified in these Regulations by reference to hours the whole of any
Saturday, Sunday, Christmas Day, Good Friday, or bank holiday shall be
disregarded, and for that purpose any day which is a bank holiday under the Bank Holidays Act, 1871,
in any part of the United Kingdom shall be treated as a bank holiday.
Exemption from the requirement of an air service licence
3.-(1) Section 1(2)(b) of the Act (which prohibits the use of aircraft on any flight
for reward or in connection with any trade or business except under and in
accordance with the terms of a licence) shall not
apply to any flight –
(a) solely for the purpose of carrying passengers
in a case where the flight is to begin and end at the same place;
(b) solely for one or more of the following
purposes, that is to say –
(i) the
provision of ambulance or rescue facilities, including medical, ambulance and
other attendants;
(ii) the carriage of
emergency food or emergency medical supplies;
(iii) the carriage of any
one or more of the following, that is to say, the operator of the aircraft, any
bona fide servant of his (including in the case of a body corporate, the
directors and in the case of a body corporate established by or under any
enactment for the purpose of carrying on under national ownership any industry
or part of an industry or undertaking, the members of that body corporate), and
any baggage or other property of the operator or any such servant;
(iv) the training or testing
of persons in the performance of duties in connection with aircraft;
(v) the testing or
demonstrating of the aircraft or of any apparatus, whether or not that
apparatus is carried in the aircraft, or the testing or demonstrating of any
manner of flying or of any arrangements in connection with flying or with the
carriage of passengers or cargo by air;
(vi) the dropping or
projecting of material in the interests of agriculture, horticulture, forestry,
or public health, or as a measure against oil-pollution;
(vii) the taking of
photographs or carrying out of a survey from the air;
(c) solely for the carriage of cargo, or
passengers with or without their baggage, or both cargo and passengers, in
consequence of a person’s exclusive right to use the carrying capacity of the
aircraft on that flight, being –
(i) cargo
all of which is consigned by that person and none of which is carried in
pursuance of an agreement between that person and any other person made otherwise
than as a term of a sale of the cargo in question;
(ii) passengers none of whom
is carried at a separate fare;
(d) solely for carrying out the operator’s
obligations under a charter of the aircraft to any Government Department;
(e) any flight to or from a place at which the
aircraft neither takes up nor sets down passengers or cargo, being a flight
made in the course of providing an air transport service authorised
by a licence;
(f) any positioning flight on which no
passengers or cargo are carried, that is to say a flight solely to enable the
aircraft to arrive at a place at which –
(i) the
aircraft is to be used for a flight; or
(ii) the aircraft is to be
parked or stored; or
(iii) the aircraft or any
part of the aircraft or its equipment is to be modified, inspected, tested,
overhauled or repaired, or any part of the aircraft or its equipment is to be
replaced;
(g) beginning in accordance with the terms of a licence, but ending otherwise than in accordance with such
terms by reason of –
(i) an
emergency occurring after the beginning of the flight; or
(ii) compliance with the law
of the United Kingdom
or any country or territory in which the aircraft then is; or
(iii) any other circumstance
beyond the control of the operator and commander of the aircraft;
(h) ending in accordance with the terms of a licence, but beginning otherwise than in accordance with
such terms, being a flight which the aircraft next makes after such a flight as
is mentioned in sub-paragraph (g)
hereof;
(i) solely for the purpose of towing a glider;
(j) by a helicopter solely for the purpose of
carrying a load externally suspended therefrom;
(2) For the purposes of
paragraph (l)(c)(ii) of this
Regulation –
(a) any consideration wholly or partly in respect
of or in connection with the carriage of a passenger shall be deemed to be a
fare, irrespective of the person by or to whom it has been or is to be given:
Provided that consideration for the exclusive right to use the
passenger capacity of an aircraft shall be deemed not to be a fare; and
(b) a fare shall be deemed to be separate
although it is for several journeys, or for a journey by a group of passengers
which is less than the entire passenger capacity of the aircraft.
Applications for the grant of a licence
4.-(1) Subject to the provisions of paragraph (2)
of this Regulation, and without prejudice to the provisions of Regulation 9,
every application for the grant of a licence shall
include the following particulars: -
(a) the name, address and business name (if any)
of the applicant, and, in the case of an individual, the country of which he is
a citizen;
(b) in the case of a body corporate, the country
or territory in which it is incorporated, the date of incorporation and
arrangements under which, and the citizenship of the persons by whom, it is
substantially controlled;
(c) in the case of a partnership carrying on
business in Scotland,
the countries of which the partners are citizens;
(d) the number and the types of the aircraft
previously operated by the applicant and the periods of time and geographical
areas of his operations;
(e) the applicant’s financial resources;
(f) the number and types of the aircraft and the
equipment which the applicant intends to employ and his existing and proposed organisation and staffing arrangements;
(g) the provision made or proposed to be made by
the applicant against any liability in respect of loss or damage to persons or
property which may be incurred in connection with aircraft operated by him;
(h) the terms and conditions of employment of the
applicant’s servants, and, if particulars thereof have been furnished to the
National Joint Council for Civil Air Transport, an indication to that effect;
(i) the class of licence
applied for and the period for which it is to be in effect;
(j) except in the case of an application for the
grant of a Class F licence –
(i) a
concise indication of the existing or potential need or demand for the proposed
service; and
(ii) if the applicant
already holds an air service licence, particulars of
any capital expenditure, financial commitment or commercial agreement, being
particulars which the applicant wishes the Board to take into consideration
under section 2(2)(g) of the Act; and
(k) (i) in the case of a Class A, Class B, Class C or
Class D licence, the places of departure and
destination of all flights to be made under the licence;
(ii) in the case of a licence for a group charter service, particulars showing
compliance or intended compliance with each of the conditions of either of the
categories specified in Schedule 1 hereto;
(iii) in the case of a Class
E licence, the geographical area to which flights
under the licence are to be limited;
(iv) in the case of a Class F
licence, a general description of the purpose of the
flights;
(v) any other limitations to
which the licence is to be subject, including
limitations as to the capacity, frequency or class of service or the classes or
descriptions of passengers or cargo to be carried;
(vi) the tariff, if any,
proposed or the manner in which it is to be determined, the class of service
and the facilities to be provided;
(vii) the types of aircraft
to be used;
(viii) in the case of
a Class B licence, a Class C licence
for a charter service, or a Class D licence, the name
and address of the charterer of the aircraft, and the name and address of the
travel agent, organiser or other person, if any, who
is to make available facilities for travel or the consignment of goods on the
proposed service.
(2) If an applicant for the
grant of a licence has previously furnished to the
Board, in connection with another application by him, the particulars referred
to in paragraph (1)(a) to (h) of this Regulation, he shall not be
obliged to repeat those particulars in the later application, but if he does
not repeat those particulars he shall indicate whether or not those particulars
apply unchanged to that application and in what respect, if any, they have
changed or do not apply.
(3) Every application for
the grant of a licence shall be made on a form
supplied by the Board and shall be signed by or on behalf of the applicant. It
shall be accompanied by the fee payable under these Regulations in respect of
the application and by five copies of the application, which copies need not be
signed:
Provided that the Board may, if they think fit, accept less than
five copies of the application in any particular case.
(4) Subject to the
provisions of paragraph (7) of this Regulation, every application for the
grant of a Class A, Class B, Class E or Class F licence
shall be served on the Board not less than six months before the beginning of
the period for which the licence is proposed to be in
effect.
(5) Subject as aforesaid,
every application for the grant of a Class C licence
other than for a charter service, or a Class D licence,
shall be served on the Board not less than three months before the beginning of
such period.
(6) Subject as aforesaid,
every application for the grant of a Class C licence
for a charter service shall be served on the Board not less than 14 days before
the beginning of such period.
(7) The Board may, if they
think fit, consider an application for a licence
notwithstanding that it has been received at their office otherwise than at the
time provided in paragraph (4), (5) or (6) of this Regulation.
(8) The Board shall, as soon
as may be after the receipt by them of an application for the grant of a licence accompanied by the prescribed fee, publish in their
official record such particulars of the application as they think necessary for
indicating the substance of the application, and shall make a copy of the
application available at their office for inspection by any person at any
reasonable time:
Provided that –
(a) in the case of any licence
other than a Class A or a Class E licence the Board
may dispense with publication as aforesaid if they are satisfied that for
reasons of urgency it is desirable so to do; and
(b) in the case of any application for a Class C licence for a charter service the Board shall not publish
particulars of the application unless within seven days after receipt of the
application they have served the applicant with notice of their intention so to
do.
(9) If in the opinion of the
Board an application for a licence relates to more
than one service, the Board may direct that the application shall, for the
purposes of these Regulations, be treated as being such number of separate
applications as they may specify in the direction, and the application shall be
treated accordingly.
Applications for the revocation, suspension or variation of licences
5.-(1) Every application for the suspension of a licence shall state the period of the proposed suspension,
and every application for the variation of a licence
shall specify the variation proposed.
(2) Every application for
the revocation, suspension or variation of a licence
shall state the reasons advanced in support of the application.
(3) Every such application
shall be made on a form supplied by the Board, and shall be signed by or on
behalf of the applicant.
(4) Every such application
shall be accompanied by the fee, if any, payable under these Regulations in
respect of the application, and by five copies of the application, which copies
need not be signed: Provided that the Board may accept less than five copies of
the application in any particular case. A signed copy of the application shall
be served by the applicant on the holder of the licence
within 24 hours after it has been served on the Board unless the applicant is
himself the holder of the licence.
(5) Regulation 4(4) to (8)
of these Regulations shall apply in relation to an application for the
revocation, suspension or variation of a licence as
they apply in relation to an application for the grant of that licence:
Provided that in respect of an application –
(a) by the holder of a licence
for its revocation or suspension; or
(b) by any person for a variation which, in the
opinion of the Board, is unlikely to prejudice the interests of any persons of
the categories specified in Regulation 10(2) of these Regulations,
the Board may dispense with publication of particulars of the
application.
Revocation, suspension or variation of licences
without application being made
6.-(1) Subject to paragraph (2) of this
Regulation if the Board propose to revoke, suspend or vary a licence, otherwise than in pursuance of an application made
to them in that regard, they shall –
(a) serve on the holder of the licence not less than 21 days’ notice of their intention to
publish particulars of the proposal in their official record, together with
their reasons for their proposal;
(b) consider any representations which may be
made to them 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 Board and the holder of the licence may agree, publish particulars of the proposal in
their official record, unless they have abandoned the proposal:
Provided that the Board may –
(i) with
the consent of the holder of the licence, dispense
with publication of their proposal to revoke or suspend the licence,
(ii) dispense with
publication of their proposal to vary the licence, if
in their opinion the variation is unlikely to prejudice the interests of the
any persons of the categories specified in Regulation 10(2) of these
Regulations.
(2) The Board may suspend a licence notwithstanding that they have not complied with
the requirements of paragraph (1) of this Regulation if –
(a) they cease to be satisfied as mentioned in
Section 2(2)(a) of the Act or as to
the matters referred to in paragraph (b)
of that subsection, and
(b) they have served on the holder of the licence not less than 144 hours’ notice of their proposal
to suspend the licence, together with their reasons
for the proposal, and have considered any representations which may be made to
them by the holder of the licence before the
expiration of such notice.
Objections and Representations
7.-(1) Every objection and representation relating
to an application to the Board, or to a proposal of the Board to revoke,
suspend or vary any licence, shall be made in writing
signed by or on behalf of the person making it and shall, together with five
copies which need not be signed, be served on the Board:
Provided that the Board may, if they think fit, accept less than
five copies in any particular case.
(2) In the case of an
application or proposal particulars of which have been published in the Board’s
official record, the objection or representation shall be served on the Board
within the period of twenty-one days from the day of publication as aforesaid.
The Board may, if they think fit, consider an objection or representation
notwithstanding that it has been received by them otherwise than as aforesaid.
(3) The objection or
representation shall clearly identify the application or proposal to which it
relates and shall state concisely the grounds on which it is based, and whether
the person making it wishes to be heard at a meeting of the Board.
(4) The person making the
objection or representation shall within 24 hours after it has been served on
the Board serve a copy of it on –
(a) the applicant, if any;
(b) any other person who is the holder of the licence to which it relates; and
(c) any body which the
Board are obliged by Regulation 8(1) of these Regulations to consult in respect
of the application or proposal.
(5) 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 72 hours after being required so to do.
Consultation by the Board
8.-[(1) The Board shall not grant, revoke, suspend or
vary, or refuse any application for the grant, revocation, suspension or
variation of, any Class A or Class B licence for an
air transport service to, from or within any of the areas specified in
Regulation 20 of these Regulations or any of the Channel Islands, or the Isle
of Man except after consulting with the regional advisory committee set up for
the area, the Channel Islands Air Advisory Council, or the Isle of Man Airports
Board, whichever shall be appropriate in the circumstances:
Provided that consultation as aforesaid shall not be required in
the case where the Board suspend a licence under
Regulation 6(2) of these Regulations or in the case of an application
particulars of which have not been published by the Board in their official
record.]
(2) If the Board have
published particulars of an application for a licence
in their official record, being an application for a licence
in respect of an aircraft registered in the United Kingdom, they shall not
grant that licence except after consulting with the
National Joint Council for Civil Air Transport with regard to the terms and
conditions of employment of the applicant’s servants.
Furnishing of information to the Board by persons making
applications, objections or representations
9. The Board may require any person who
has made an application, objection or representation to them under these
Regulations to provide the Board with all such information or documents in his
possession or control relevant to the application, objection or representation
as may be specified in the requirement; and, whenever in their opinion, after
consulting the said person, it is necessary and proper to do so, having regard
in particular to the question whether the information is of a confidential
nature, the Board may furnish particulars of any such information or copies of
any such documents to any person who has a right to be heard by the Board in
connection with the case to which the information or documents relate.
Hearing and decisions by the Board in connection with licences
10-(1) Any applicant for the grant of a licence shall have a right to be heard by the Board at a
meeting to consider his application unless the Board are obliged by section
2(3) of the Act to refuse the application.
(2) A person who belongs to
one or more of the following categories, that is to say –
(a) the holder of any air service licence;
(b) the holder of an aerodrome licence;
(c) a person whose business includes the
performance of the carriage of passengers, mails or other cargo for reward by
rail or by sea and whose principal place of business is in the United Kingdom,
any of the Channel Islands or the Isle of Man;
(d) the holder of a road licence
granted under Part III of the Road Traffic Act, 1960 authorising
services of express carriages;
(e) the holder of an A or B carriers’ licence granted under Part IV of the Road Traffic Act, 1960;
(f) a Government Department or Minister of the
Crown, including a Department or Minister of the Government of Northern
Ireland, but not including the Minister of Aviation.
shall have the right to be heard by the Board at a meeting to
consider the grant, revocation, suspension or variation of any licence:
Provided that –
(i) in
the case where the person is neither the holder of nor the applicant for the
grant, revocation, suspension or variation of the licence
to which the meeting of the Board relates, he shall have no right to be heard
unless he has made an objection or representation in accordance with Regulation
7 of these Regulations and has indicated therein that he wishes to be heard by
the Board at that meeting;
(ii) where the Board are
obliged by section 2(3) of the Act to refuse an application relating to a
service no person shall have a right to be heard in respect of that
application.
(3) A hearing shall not be
held by the Board at any meeting to consider an application to or proposal of
the Board unless they have served on all persons having a right to be heard at
that meeting fourteen days’ notice in writing of the date, time and place of
the hearing, and the notice shall clearly identify the application or proposal
to which it relates. A similar notice shall be published by the Board in their
official record seven days before the day of the hearing, and shall be
exhibited in a public place for a like period:
Provided that the Board may hold a hearing without having served
and published such notice as aforesaid if –
(i) particulars
of the application have not been published in their official records; and
(ii) they have 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 they think fit, to the applicant and
any person of the categories specified in paragraph (2) of this Regulation
whose interests are in the opinion of the Board likely to be prejudiced by the
granting of the application.
(4) Every person who has a
right to be heard by the Board in connection with any case shall, for the
purpose of these Regulations, be deemed to be a party to that case.
(5) Notwithstanding that a
person does not have a right to be heard the Board may, if they think fit, hear
him and, to such extent as they think fit, permit him to exercise the rights of
a party at the hearing.
(6) The Board may, if they
think fit, and subject to the provisions of this Regulation, hear two or more
cases together, but a party to one case shall not on that account be deemed to
be a party to any other case.
(7) At a hearing by the
Board 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 or written evidence, and examine any other party to that
case and any witnesses produced by him.
(8) The decision of the
Board shall include a statement of reasons –
(a) if any objections to the application or
proposal have been considered by the Board;
(b) if the Board have held a hearing in
connection with the application or proposal; or
(c) if the Board have refused the application, or
have granted the application with a modification determined by the Board:
Provided that the Board shall not be required to disclose any
information which they have received from the Minister in the course of
consultation with him in accordance with section 2(3) of the Act, or which they
have received from any person in pursuance of Regulation 9 of these Regulations
and which they regard as confidential.
(9) The Board shall serve a
copy of their decision on every party to the case as soon as may be and shall
cause particulars of their decision to be published in their official record.
(10) The Board shall furnish a
copy of their decision to any person who so demands:
Provided that the Board shall not be obliged to do so if the demand
is made more than three years after the day of publication of the decision or
more than one year after the expiry of the licence
whichever is the later.
(11) If the Board are obliged
by section 2(3) of the Act to refuse an application, an indication to that
effect shall be sufficient reason for their refusal.
(12) If the application in
question contains the name and address of such persons as are referred to in
Regulation 4(1)(k)(viii) of these
Regulations, the Board shall serve all such persons, being persons resident or
having a place of business in the United Kingdom, any of the Channel Islands or
the Isle of Man, with notice of their decision, clearly identifying the
application to which it relates.
(13) All the proceedings at a
hearing of the Board in connection with a licence or
proposal shall be recorded by a shorthand writer, or, if the Board think fit,
by some other means, and if any person so demands at any time after publication
of the decision relating thereto in the Board’s official record, the Board
shall cause a transcript of the record to be made available for purchase by
that person at a reasonable price:
Provided that –
(a) the Board shall not be required to make any
transcript available for purchase at any time after the expiry of one year from
the day of publication as aforesaid ; and
(b) a 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 Board
at those proceedings.
Further provisions as to procedure
11.-(1) The quorum of the Board shall, unless the
Board shall otherwise decide in relation to a particular case or class of cases,
be three members.
(2) Every hearing by the
Board shall be held in public unless the Board shall otherwise decide in
relation to the whole or part of a particular case.
(3) Subject to the
provisions of the Act, the failure of the Board or of any person to give any
notice or publish any particulars in the time or manner provided for in these
Regulations or any other procedural irregularity shall not invalidate the
action taken by the Board, but may be a ground of appeal to the Minister; and
the Board may, and shall if they consider that any person may have been
prejudiced, take such steps as they think fit before reaching their decision to
cure the irregularity, whether by the giving of any notice or the taking of any
step or otherwise.
(4) For the exercise of
their advisory functions under section 4 of the Act the Board may hear such
persons as they think fit, and in that event they shall cause reasonable notice
of the intended date, time and place of the hearing to be published in their
official record and to be served on such persons, if any, as they consider to
be concerned with the subject on which they are to advise.
Conditions of licences
12. In granting or varying a licence the Board may impose conditions of any of the
following descriptions: -
(a) as to any of the matters referred to in
Regulation 4(1)(a) to (g) of these Regulations;
(b) as to the places of departure and destination
of any flight under the licence, or the geographical
area of such flights, or the purpose thereof;
(c) as to the periods, seasons or times during or
at which an air transport service may be provided under the licence,
and the frequency or class of that service;
(d) as to the places at which or areas in which
passengers or cargo may or must be taken up or set down under the licence;
(e) as to the numbers of passengers and the
weight or quantity of cargo that may be carried on any flight under the licence;
(f) as to the classes or descriptions of
passengers or cargo that may be carried, including in particular the
nationality, place of residence and ultimate destination of the passengers, and
the nationality or place of business of the consignor or consignee of the cargo
;
(g) as to the incidence of expenses incurred by
or in respect of passengers carried under the licence;
(h) as to the provision, preservation and
production of certificates relating to the matters referred to in
sub-paragraphs (f) and (g);
(i) as to the travel agents or other persons who
may make available or offer facilities for carriage by air under the licence, the facilities they must provide, and the
consideration they may receive from the passengers or from the holder of the licence;
(j) as to the arrangements to be made in respect
of the service between the holder of the licence and
–
(i) any
other person holding a licence;
(ii) persons providing
transport services otherwise than by air;
(k) as to connections between the air transport
services to be provided under the licence, and
transport services whether or not provided by air;
(l) as to the facilities and amenities to be
provided by the holder of the licence in connection
with the air transport service to which the licence
relates;
(m) as to the advertising or publicity or booking
arrangements relating to the said service;
(n) as to the production of the licence to any person reasonably requiring to examine it;
(o) as to the validity of the licence
if the fees prescribed by Regulation 17 of these Regulations and Schedule 2
thereto are not paid in accordance with the prescribed provisions.
Provisions as to tariffs
13. The following exceptions and
modifications are hereby prescribed for the purposes of section 2(5) of the
Act: -
(1) (a) in the case of a Class A or Class B licence the Board may, if they think fit and with the
consent of the Minister (which may be given generally or in respect of a
particular case or class of cases) dispense wholly or in part with a provision
as to the tariff to be charged ;
(b) in the case of a Class C licence
for a charter service, Class D or Class E licence the
Board may, if they think fit, dispense wholly or in part with a provision as to
the tariff to be charged;
(c) in the case of a licence
of any class the Board shall dispense with a provision as to the tariff to be
charged in respect of the carriage of postal packets on behalf of the Postmaster-General
within, from or to the British postal area or any British postal agency, or in
respect of the carriage of postal packets otherwise than as aforesaid where
charges are payable therefor to the Postmaster-General (whether as principal or
agent); and for the purpose of this sub-paragraph the expressions “British
postal agency”, “British postal area” and “postal packet” shall have the same
respective meanings as are assigned to them by section 87(1) of the Post Office Act, 1953;
(d) in the case of a licence
for a service such as is described in section 2(5)(b) of the Act which includes a provision as to the tariff to be
charged in terms identical with an approved tariff provision, the licence shall have effect without confirmation of the
tariff provision by the Minister. For the purpose of this paragraph “approved
tariff provision” means any of the following:
-
(i) any
provision, approved by the Minister and published in the Board’s official
record, specifying the manner in which the tariff is to be determined;
(ii) Provision I, Provision
III or Provision IV of paragraph 4 of the Second Schedule to the Civil Aviation
(Transitional Licences) Order, 1961;
[(e) in the case of a Class A licence
for a service such as is described in section 2(5)(a) of the Act, the licence may include,
in lieu of a provision setting out the tariff to be charged –
(i) in
respect of carriage under the licence which forms
part of carriage by air to or from a
place not in the United Kingdom, one of the Channel Islands or the Isle
of Man, a provision specifying the manner in which the tariff for the whole
carriage is to be determined;
(ii) in respect of any other
carriage under the licence, a provision specifying
that the tariff shall be the relevant tariff set out in a document which may be
published by the Board (in these Regulations referred to as “the Board’s
schedule of domestic tariffs”), as varied from time to time by the Board in
accordance with paragraph (2) of this Regulation;]
(2)
(a) an
application for the variation of the Board’s schedule of domestic tariffs may
be made by any of the persons of the categories specified in Regulation 10(2)
of these Regulations, and the provisions of these Regulations which apply in
relation to an application to the Board or a proposal of the Board to vary a
Class A licence for an Area I Service in respect of
the tariff to be charged shall, subject to the following modifications, apply
in relation to an application to the Board, or a proposal of the Board, as the
case may be, to vary the Board’s schedule of domestic tariffs –
(i) any
requirement to serve a document on the holder of the licence
shall be construed as a requirement to serve the document on all holders of a
Class A licence authorising
services between places in the United Kingdom, any of the Channel Islands or
the Isle of Man;
(ii) any variation of the
Board’s schedule of domestic tariffs which affects a licence
for a service such as is described in Regulation 8(1) of these Regulations
shall be treated for the purposes of that paragraph as if it were a variation
of such a licence;
(b) the Board’s schedule of domestic tariffs, as
varied from time to time, together with an up-to-date list of the names and
addresses of the holders of Class A licences for an
Area I Service, shall be kept available for inspection by any person at the
Board’s offices at all reasonable times, and the Board shall furnish copies
thereof to any person who so demands.
Appeals to the Minister
14.-(1) Every party to a case before the Board shall
have a right of appeal to the Minister in accordance with the provisions of
this Regulation from the Board’s decision with respect to that case.
(2) An appeal to the
Minister against a decision of the Board shall be made by written notice
clearly identifying the case to which it relates and stating concisely the
grounds on which the appeal is based.
(3) The notice shall be
signed by or on behalf of the appellant and shall be served on the Minister
within the period of twenty-one days from the day of the publication of the
decision of the Board in their official record.
(4) A copy of the notice of
appeal shall be served by the appellant on the Board, each of the parties to
the case before the Board and each person who was heard by the Board in
connection with that case; and for this purpose any person having the right to
appeal against a decision of the Board may require them to furnish him with the
names and addresses of the other parties to the case before the Board and of
the persons heard by the Board in connection with that case.
(5) The Minister shall serve
on the appellant, each of the parties to the case before the Board and each of
the persons heard by the Board in connection with that case not less than
twenty-one days’ notice of the date, time and place of the hearings of the
appeal, and shall cause not less than seven days’ notice thereof to be
published in the official record of the Board.
(6) The Minister shall
appoint a Commissioner to hear each appeal, and the Commissioner shall hold the
hearing in public unless he shall otherwise decide in relation to the whole or
part of the case.
(7) The appellant and any
person who was a party to the case before the Board, or who was heard by the
Board in connection with that case, shall have a right to be heard by the
Commissioner:
Provided that a party to a case who did not exercise his right to
be heard by the Board shall not have a right to be heard by the Commissioner
unless he has served on the Minister, the Board and all the other parties to
the hearing at least ten days’ notice of his wish to be heard by the
Commissioner, stating concisely his reasons for wishing to be heard, and has
obtained the Minister’s consent to his being heard.
(8) Any person heard by the
Commissioner in connection with an appeal shall be deemed for the purposes of
these Regulations to be a party to that appeal.
(9) The Commissioner may if
he thinks fit hear two or more appeals together, but a party to one appeal
shall not on that account be deemed to be a party to any other appeal.
(10) Any party to the appeal
may appear in person or be represented by any other person whom he may have authorised to represent him.
(11) Any party to the appeal
may produce to the Commissioner evidence additional to that before the Board,
if he has served the Board and the other parties to the hearing before the
Board with ten days’ notice of his intention to do so, setting forth the
substance of the new evidence; and any witness giving new evidence before the
Commissioner may be examined as to that new evidence by the other parties to
the appeal:
Provided that without serving such notice as aforesaid any party to
the appeal may produce evidence in rebuttal of evidence produced in accordance
with the foregoing provisions of this paragraph.
(12) The Commissioner may, if
he thinks fit, invite the Board to amplify or explain the reasons for their
decision of the case. Any amplification or explanation of their reasons which
the Board may furnish shall be in writing, and a copy of it shall be served by
the Board on all persons who were a party to the case before the Board or were
heard by the Board in connection with that case.
(13) The Board shall furnish
the Commissioner with a transcript of the record of any relevant hearing by
them, together with copies of any documents which they may have received in
connection with the case. The Board shall indicate which, if any, of these
documents they have received in pursuance of Section 2(3) of the Act or in
confidence under Regulation 9 of these Regulations, and the Commissioner shall
not be required to disclose the content of those documents in the course of the
proceeding.
(14) The Commissioner shall
send to the Minister a report containing a summary of the proceedings at the
hearing, his recommendation to the Minister as to the disposal of the appeal
and as to the liability of the parties thereto in respect of the costs or
expenses thereof, together with the reasons for his recommendations.
(15) The Minister shall
consider the summary and recommendations of the Commissioner and shall, subject
to the provisions of paragraph (9) of Regulation 21 of these Regulations,
make such order as he thinks fit as to the application or proposal which is the
subject of the appeal, and in particular may order the Board to hear or rehear
the whole or part of the case. If the Minister does not accept the
recommendations of the Commissioner, in whole or in part, he shall give his
reasons for not so doing.
(16) (a) In determining an appeal
other than an appeal which has been heard by a Commissioner in Scotland the
Minister may, if he thinks fit, order any of the parties to the appeal to pay
to any other party thereto either a specified sum in respect of the costs
incurred by him in connection with the appeal, or the taxed amount of those costs
or any part thereof.
(b) Any costs required by an order under the
foregoing sub-paragraph to be taxed may be taxed in the county court on such
scale as may be directed by the order.
(c) Any sum payable by virtue of an order under
sub-paragraph (a) of this
paragraph shall, if the county court so orders, be recoverable by execution
issued from the county court or otherwise as if payable under an order of that
court; and subject to county court rules, an application for an order of the
county court under this paragraph may be made ex parte.
(d) The powers of the county court under the
foregoing provisions of this paragraph may be exercised by the Registrar.
(e) In relation to an appeal which has been heard
by a Commissioner in Scotland the Minister shall have the like power to award
expenses as if he were an arbiter under a submission and the parties to the
appeal were parties to the submission, and any award of expenses by the
Minister under this sub-paragraph may be recorded for execution in the Books of
Council and Session and shall be enforceable accordingly.
(17) The Minister shall
communicate his order (including his order as to costs, if any) and the reasons
for it, if given, in writing to the Board together with a copy of the
Commissioner’s report. The Board shall –
(a) take such action as the Minister may have
ordered them to take in respect of the licence or
application therefor; and
(b) cause the substance of the Minister’s order
to be published in their official record.
(18) The Minister shall serve
on each of the parties to the appeal and on any such person as is referred to
in Regulation 4(1)(k)(xiii) of these
Regulations, being a person resident or having a place of business in the
United Kingdom, any of the Channel Islands or the Isle of Man, a copy of the
Commissioner’s report and of the Minister’s order, and the reasons for it, if
given, and shall furnish copies of those documents to any person who so
demands.
Continuation of expired licences
15. The periods respectively set forth in the
following table are hereby prescribed for the purposes of section 2(8) of the
Act (which provides that in the circumstances therein set forth a licence shall not cease to be in force by reason of the
expiry of the term for which it was granted):
-
|
Term of licence.
|
Period prescribed.
|
|
Not more than 6 months ...
|
half the term of the licence.
|
|
More than 6 months but not more than 12 months ...
|
4 months.
|
|
More than 12 months …
…
|
6 months.
|
Transfer of licences
16.-(1) Subject to the provisions of this Regulation
–
(a) if the sole holder of a licence
(being an individual) shall die, 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 bodies 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 the air transport services or of flights for other
purposes authorised by the licence,
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 licence may apply to the Board –
(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
(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 Board within
the period of twenty-eight days from the day on which the applicant first
became entitled to make it; and if no application as aforesaid is made within
that period, the 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 licence.
(5) The Board shall not,
without the consent of the Minister, grant an application for the transfer of a
licence to, or the substitution of the name of, any
person who is not such a person as is described in section 2(7) of the Act.
(6) For the purposes of this
Regulation “legal personal representative” has the same meaning as is assigned
to it by section 742 of the Merchant Shipping Act 1894.
Fees
17. The provisions of Schedule 2 to
these Regulations shall apply in respect of the fees payable to the Board in
connection with air service licences and applications
relating thereto.
Provision of information by holders of air service licences or of air operator’s certificates
18. The Minister or the Board may require any
person who is the holder of a licence or of an air
operator’s certificate to provide the Minister and the Board, or either of
them, with such statistical, financial and other information as may be
specified in the requirement with respect to that person’s operations to which
the licence or certificate relates; and any person on
whom a requirement as aforesaid is served shall comply with it within the period
specified in the requirement, if and to the extent that he has the required
information in his possession or control.
Surrender of licences
19. If revocation or variation of a licence has taken effect, the Board may require any person
who has the licence in his possession or control to
surrender it to them for cancellation or variation, as the case may be.
Regional Advisory Committee
20.-[(1) There shall be set up regional advisory
committees for Scotland, Wales, Northern Ireland, Northern England, North West
England and the West Midlands for the purposes of advising the Board on matters
relating to their functions under the Act, with particular regard to the
circumstances and requirements of Scotland, Wales, Northern Ireland, Northern
England, North West England and the West Midlands respectively.]
(2) Each such committee
shall consist of not less than ten and not more than sixteen persons.
(3) The Minister shall
appoint the members of each such committee, together with a chariman
from among its members: Provided that in the case of the regional advisory
committees for Scotland, Wales and Northern Ireland the Minister shall first
consult respectively with the Secretary of State for Scotland, the Minister for
Welsh Affairs and the Minister of Home Affairs of Northern Ireland.
(4) A member of a regional
advisory committee shall hold and vacate office as such in accordance with the
terms of the instrument appointing him to be a member.
(5) The Minister shall
provide each of the regional advisory committees with such accommodation,
equipment and assistance as appears to him to be necessary or expedient for the
exercise of their functions.
(6) The Minister shall pay
any travelling or other expenses which in his opinion are reasonably incurred
by any person as a member of any of the aforesaid regional advisory committees.
Representations by the Government of the Isle of Man or by the
States of Jersey or Guernsey
21.-(1) The Government of the Isle
of Man or the States of Jersey or Guernsey
may make representations to the Minister as respects any decision of the Board
with respect to any licence or any application for a licence; and the body making the representations is
hereinafter in this Regulation referred to as “the Island Government”.
(2) If representations as
aforesaid are served on the Minister within the period of thirty days from the
day of publication of the decision of the Board in their official record, the
Minister shall serve each party to the case before the Board with –
(a) a copy of the representations;
(b) a notice that the Minister proposes to
consider the representations in pursuance of this Regulation; and
(c) a notice that the Minister will also consider
any rejoinder by any of the parties to the case before the Board which may be
served on him within the period of twenty-one days from the day on which the
notice is served, being a rejoinder of which a copy has been served by the
party making it on the Island Government and on the other parties to the case
before the Board.
(3) The Minister may, if he
thinks fit, invite the Board to amplify or explain the reasons for their
decision of the case. Any amplification or explanation of their reasons which
the Board may furnish shall be in writing, and a copy of it shall be served by
the Board on the Island Government and on all the parties to the case before
the Board.
(4) The Board shall furnish
the Minister and the Island Government with a transcript of the record of any
hearings by them in connection with the case.
(5) The Minister shall, unless,
after considering the representations of the Island Government and any
rejoinders made by the parties to the case before the Board, he is satisfied
that it is unnecessary so to do, invite each of the parties to the case before
the Board, any person who was heard by the Board in connection with that case,
and representatives of the Island Government to consult with such person as he
may, subject to the provisions of paragraph (8) of this Regulation,
appoint for the purpose (hereinafter referred to as “the appointed person”) as
to the representations and rejoinders made in pursuance of this Regulation. All
the persons who attend the consultation shall be present throughout the
consultation. If the appointed person thinks fit, any consultation may relate
to two or more decisions of the Board.
(6) Any person who attends
the consultation may appear in person or be represented by any other person
whom he may have authorised to represent him.
(7) The appointed person
shall send to the Minister a summary of the proceedings at the consultation,
together with his recommendation to the Minister as to the action which the
Minister should take.
(8) If an appeal has been
made in accordance with the provisions of Regulation 14 of these Regulations
against the decision of the Board to which the representations of the Island
Government relate, the appointed person, if the Island Government and the
parties to the case before the Board so agree, may be the same person as the
Commissioner appointed by the Minister under Regulation 14(6) of these
Regulations.
(9) If an appeal as
aforesaid has been made, the Minister shall, before making an order under
paragraph (15) of that Regulation, consider the representations of the
Island Government, any rejoinders made by the parties to the case before the
Board, and the summary and recommendation of the appointed person, if any,
together with the summary and recommendations which he has received from the
Commissioner in pursuance of that Regulation.
(10) If an appeal as aforesaid
has not been made, the Minister shall consider the representations of the
Island Government, any rejoinders made by the parties to the case before the
Board, and the summary and recommendations of the appointed person, if any, and
shall make such order as he thinks fit as to the application or proposal which
is the subject of the representations.
(11) If the Minister does not
accept the recommendations of the appointed person, in whole or in part, he
shall give his reasons for not so doing.
(12) The Minister shall inform
the Island Government of his decision.
(13) Regulation 14(17) and
(18) of these Regulations shall apply to an order of the Minister under this
Regulation as they apply to an order of the Minister under Regulation 14, but
as if the references to the Commissioner’s report were references to the report
of the appointed person, and the references to the parties to the appeal was a
reference to persons attending the consultation.
Revocation
22.-(1) Subject to the following provisions of this
Regulation, the Civil Aviation (Licensing) Regulations, 1960, the Civil Aviation (Licensing) (Amendment)
Regulations, 1961, and the
Civil Aviation (Licensing) (Amendment) Regulations, 1964 are hereby revoked.
(2) Section 38(2) of the Interpretation Act, 1889
(which relates to the effect of repeals) shall apply to these Regulations as if
these Regulations were an Act of Parliament and as if the Regulations revoked
by paragraph (1) of this Regulation were Acts of Parliament thereby
repealed.
(3) These Regulations shall
apply to any application, proposal, notice, licence
or other document made, served or granted under the Regulations revoked by
these Regulations as they apply to any application, proposal, notice, licence or other document made, served or granted under
these Regulations and any such application, proposal, notice, licence or other document shall have effect for the
purposes of these Regulations as if it had been made, served or granted under
the corresponding provision thereof.
JULIAN AMERY,
Minister of Aviation.
17th July, 1964.
We approve the making of Regulation 17 of these Regulations.
MARTIN MCLAREN,
IAN MACARTHUR,
Lords Commissioners of
Her Majesty’s Treasury.
17th July, 1964.
FIRST SCHEDULE
CONDITIONS OF GROUP CHARTER SERVICES
CATEGORY A – (Groups supported by voluntary contributions)
(i) The
operator’s reward for providing the service shall be raised entirely by
voluntary contributions;
(ii) There shall be no
minimum contribution;
(iii) The contributors shall
include persons not to be carried on the service;
(vi) It shall not be a
condition of being carried on the service that the passenger shall have made a
contribution or given any other consideration; and
(v) Every passenger carried
on the service shall be selected by the hirer of the aircraft for some reason
additional to his request that he be carried.
CATEGORY B – (Affinity groups)
(i) Every
passenger to be carried shall be a member of one and the same organised group which pursues a principal objective other
than travel, and shall have been a member of that group for the period of six
months preceding the flight, or shall be the spouse or dependent child of, or a
parent living in the same household as, such a member and accompanying that
member on the flight;
(ii) The objective other than
travel pursued by the group shall be sufficient to distinguish it from the
general public;
(iii) Except in the case of
groups whose members are all employees of the same employer or students or
teachers of the same school, college or university, membership of the group
shall not exceed twenty thousand persons;
(iv) Advertisements and other
communications, whether oral or written, for the purpose of inviting or
inducing persons to engage on the journey shall be communicated only to members
of the group, and only by members or officials of the group.
SECOND SCHEDULE
FEES
1. The Table referred to in this Schedule
is as follows: -
|
1
|
2
|
3
|
4
|
|
Description
of Licence
|
Application
Fee
|
Fee
for grant, variation, suspension or revocation
|
Annual
Fee
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
|
Class A Licence
for: -
|
|
|
|
|
|
|
|
|
|
|
Area I Service ...
…
|
25
|
0
|
0
|
25
|
0
|
0
|
40
|
0
|
0
|
|
Area II Servic ...
...
|
50
|
0
|
0
|
50
|
0
|
0
|
80
|
0
|
0
|
|
Area III Service ...
|
100
|
0
|
0
|
200
|
0
|
0
|
160
|
0
|
0
|
|
Area IV Service ...
|
200
|
0
|
0
|
400
|
0
|
0
|
400
|
0
|
0
|
|
Area V Service… …
|
100
|
0
|
0
|
200
|
0
|
0
|
160
|
0
|
0
|
|
Class C Licence... …
|
3
|
0
|
0
|
Nil
|
Nil
|
|
Any other
Licence: -
|
|
|
|
|
|
|
|
|
|
|
(a) for a restricted number of jour-neys
|
25
|
0
|
0
|
Nil
|
10
|
0
|
0
|
|
(b) for an unrestricted number of jour-neys
|
25
|
0
|
0
|
50
|
0
|
0
|
60
|
0
|
0
|
Standard Fees
2. Subject to the provisions of this
Schedule, fees shall be payable to the Board as follows: -
(a) upon making an application for the grant of a
licence the applicant shall pay the fee specified in
the second column of the Table opposite the description of the licence applied for;
(b) for the grant of a licence,
the applicant shall pay, on the first day on which the licence
authorises a flight, the fee specified in the third
column of the Table opposite the description of the licence
granted:
Provided that no fee for the grant of a licence
shall be payable in respect of a licence which has
been revoked and the revocation whereof has become effective before the first
day on which the licence authorises
a flight;
(c) upon making an application for variation of a
licence (whether or not in respect of more than one
particular) the applicant shall pay the fee specified in the second column of
the Table opposite the description of the licence as
it would be if the application were granted;
(d) for the variation of a licence
(whether or not in more than one particular) the applicant shall pay on the day
on which the variation in one or more particular comes into force, the fee
specified in the third column of the Table opposite the description of the licence as varied;
(e) upon making an application for the revocation
or suspension of a licence of which he is not the
holder the applicant shall pay the fee specified in the second column of the
Table opposite the description of the licence, taking
into account any variations which may have been made, and if his application is
granted he shall thereupon pay the fee specified in the third column of the
Table opposite that description;
(f) the holder of a licence
shall pay in respect thereof the annual fee specified in the fourth column of
the Table opposite the description of the licence,
taking into account any variations which may have been made; payment shall
first become due upon the expiration of the period of one year after the first
day on which the licence authorises
a flight and each subsequent payment shall become due at intervals of one year
after that date, but in the case of a licence granted
in pursuance of an Order made under section 2(6) of the Act, payment shall
become due on 30th March each year; each payment of an annual fee shall relate
to the year following the day on which it becomes due, and, if the fee exceeds
ten pounds, may be reduced by the Board by one-twelfth for every month by which
the unexpired portion of the term of the licence is
less than one year;
(g) if a licence is
suspended, the annual fee shall not become due so long as the suspension
continues, but upon the ending of the suspension the holder of the licence shall pay that fee, which may be reduced by the
Board by one-twelfth for every month of suspension during the year to which the
fee relates;
(h) in determining for the purposes of this
paragraph the first day on which a licence authorises a flight no regard shall be had to any provision
of the licence which renders it invalid by reason of
failure to pay a fee.
Variation of licences: Special
provisions
3.-(1) The Board may reduce by such amount as they
think fit the fee in respect of an application by the holder of a licence for its variation, and for the variation of the licence, if, in their opinion, it is proper to do so by
reason of the disproportion between the amount of the fee and the benefit
sought by the application or conferred by the variation, as the case may be.
(2) In a case where a licence is varied with effect in the course of a year to
which an annual fee relates, the amount of the annual fee shall be adjusted
proportionately so as to take account of any resulting variation in the
description of the licence; and any additional annual
fee shall be paid by the holder of the licence, or
any refund of the annual fee shall be made to him (whichever shall be
appropriate), on the date on which the variation in the description of the licence comes into force.
(3) If the Board are of the
opinion that an application for variation of a licence
is in substance an application for a licence for a
new service, they may, on varying the licence, direct
that for the purpose of the annual fee, the licence
is to be treated as if it were several licences of
such number and description as they may specify in the direction and that
payment of the annual fees shall become due on such dates as they may so
specify.
(4) Subject to sub-paragraph (1)
hereof, where an application for variation of a licence
relates solely to a provision as to the tariff to be charged the fee to be paid
for that application shall be £2 0s. 0d. and, if no hearing has been held by
the Board in connection with that application, no fee shall be payable for the
variation.
Refund of Fees
4.-(1) Where an application for a licence or the variation, revocation or suspension thereof
is withdrawn before a notice of a hearing in connection with such application
has been published by the Board in their official record the Board may refund
such part of the application fee as they think proper in the circumstances of
the case.
(2) Where the Board are
obliged by section 2(3) of the Act to refuse an application for the grant or
variation of a licence they shall refund the whole of
the application fee.
(3) Where a licence has been revoked or suspended in the year next
following payment of the fee for the grant of the licence
or the year next following payment of the full amount of the annual fee, as the
case may be, the Board may refund such part of the fee paid as they think fit
in the circumstances of the case.
Definition of Area Services
5. For the purposes of this Schedule –
“Area I Service” means a service between places all of which are
within the following territories: -
the United Kingdom,
any of the Channel Islands,
the Isle of Man;
“Area II Service” means a service, not being an Area I Service,
between places all of which are within the following territories: -
the United Kingdom,
any of the Channel Islands,
the Isle of Man,
the Republic of Ireland,
Belgium,
Holland,
Luxembourg,
France, north of
the rhumb lines successively joining the following points: 47°00´ north latituted 02°02´ west longitude, 47°00´ north latitude
02°00´ east longitude, 49°28´ north latitude 06°04´ east longitude,
Germany, west of
the rhumb lines successively joining the following points: 49°28´ north
latitude 06°04´ east longitude, 50°43´ north latitude 08°00´ east longitude,
53°43´ north latitude and 08°00´ east longitude,
if any one of the places served is in the United Kingdom, any of the Channel Islands or the Isle of Man;
“Area III Service” means a service, not being an Area I or an Area
II Service, between places all of which are within the following
territories: -
the United Kingdom,
any of the Channel Islands,
the Isle of Man,
any of the Canary Islands,
any of the Madeira Islands,
Morocco,
Cyprus,
Icland,
the area enclosed
by the parallels of latitude 66° north and 34° north and the meridians of
longitude 10° west and 30° east,
if any one of the places served is in the United Kingdom, any of the Channel Islands or the Isle of Man;
“Area IV Service” means a service, not being an Area I, and Area II
or an Area III Service, if any one of the places served is in the United
Kingdom, any of the Channel Islands or the Isle of Man;
“Area V Service” means a service between places, none of which is
in the United Kingdom, any of the Channel Islands or the Isle of Man.