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In our view (a) does not go far enough: (b) and (d)
go too far: and (c) is objectionable for a number of
reasons.
political
17.
Our reasons for preferring alternative
directions are as follows:
(a) It is not enough to treat CPA as a
British Airline: it (and the other applicants)
would then be faced with the virtually
insuperable difficulties of paras. 6 and 7
of the Guidance.
(b) If the CAA were directed to give CPA a
licence this would prejudge without adequate
investigation the suitability of CPA and
its detailed proposals.
(c) The CAA would no doubt resist alternative
(c) as undermining their authority and
creating a most unfortunate precedent.
In
spite of the undoubted impartiality of ATLA
it would be difficult to avoid a contrary
impression especially if CPA were successful.
(d) To disregard all the Guidance would
include for example all the provisions in
paragraphs 1, 2 and 3 of the Guidance.
Though (a) and (c) are intra vires, we think that (b)
+
and (d) are, at least arguably, directions which the
Secretary of State could not reasonably make on
information before him,
18.
It seems to us that what is required are
No comments yet.
Private notes are available after approval.