TNAG-0964-FCO40-1183-Air-services-between-the-UK-and-Hong-Kong-1980 — Page 264

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The Air's Anation Authority Regulations 1972.

Appeals to the Secretary of State for Trade)

16. (1) Every party to a case before the Authority shall have a right of ppeal to the Secretary of State in accordance with the provisions of this egulation from the Authority's decision with respect to an air transport licence.

(2) An appeal to the Secretary of State shall be made by written 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 Secretary of State;

(b) the Authority;

(c) each of the parties to the case before the Authority;

(d) each person heard by the Authority pursuant to regulation 14(3) of

these Regulations in connection with the case; and

(e) any person or body consulted by the Authority, pursuant to regula-

tion 11 of these Regulations, in connection with the case: and the persons specified in sub-paragraphs (c) and (d) of this paragraph shall be deemed to be parties to the appeal.

(4) The notice of appeal shall be served within 21 days from the day on which the Authority notifies the appellant of its decision, or from the day (if that day is later) on which the appellant receives a mechanical recording or transcript of the record of the proceedings in pursuance of a request made by him under regulation 14(11), being a request made within 48 hours of his being notified of the Authority's decision of the case and of which he has, within 24 hours after making his request, served notice in writing on the per- sons referred to in paragraph (3)(a), (c), (d) and (e) of this regulation.

(5) Any person having the right to appeal against a decision of the Auth- ority may require it to furnish him with the names and addresses of the per- sons or bodies of the description specified in paragraph (3)(c), (d) or (e) of this regulation.

(6) Any party to the appeal and any person or body who has been served with notice of the appeal pursuant to paragraph (3)(e) of this regulation may within 14 days of service thereof serve on the Secretary of State a written submission giving reasons why the Authority's decision should or should not be upheld and shall within such period serve copies of any such submission on the Authority and the appellant: but neither the appellant nor any other party may submit to the Secretary of State any evidence which was not before the Authority when it decided the case.

(7) Within 28 days of receiving notice of an appeal, the Authority shall furnish the Secretary of State with any written submission it may wish to make in connection with the appeal, including, if it thinks fit, an amplifica- tion and explanation of the reasons for its decision, and shall, within such period, serve copies of any such submission on the appellant.

(8) Within 14 days of the expiry of the period of 28 days referred to in the preceding paragraph of this regulation, the appellant may serve on the Secretary of State a reply to any submission made pursuant to paragraphs (6) and (7) of this regulation.

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(9) Before deciding an appeal the Secretary of State may ask any person who has made a submission pursuant to the preceding paragraphs of this regulation to amplify or explain any point in his submission and shall give the appellant an opportunity of replying to any such amplification or explana- tion.

(10) The Secretary of State may if he thinks fit uphold the decision of the Authority or direct it to re-hear the case which is the subject of the appeal or to reverse or vary its decision.

(11) The Secretary of State shall notify the Authority, the appellant and the persons or bodies who have been served with the notice of appeal pur- suant to paragraph (3) of this regulation of his decision and of the reasons for it and the Authority shall publish the Secretary of State's notification.

(12) (a) Subject to paragraph 13 of this regulation, in determining an appeal the Secretary of State may, if he thinks fit, order the appellant to pay to any other party thereto either a specified sum in respect of the costs in- curred 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 subparagraph to be taxed may be taxed in the county court on such scale as may be dir- ected by the order.

(c) Any sum payable by virtue of an order under subparagraph (a) of this paragraph shall, if the county court so orders be recoverable by execu- tions from the county court or otherwise as if payable under an order of that court;

(d) The powers of the county court under the foregoing provisions of this paragraph may be exercised by the Registrar, or in Northern Ireland by the clerk of the Crown and peace.

(13) (a) In determining an appeal where the appellant resides or has his registered or principal office in Scotland the Secretary of State may, if he thinks fit, order the appellant to pay to any other party thereto either a specified sum in respect of the expenses incurred by him in connection with the appeal, or the taxed amount of those expenses or any part thereof.

(b) Any expenses required by an order under the foregoing subpara- graph to be taxed may be taxed by the Auditor of the Court of Session on such scale as may be directed by the order.

(c) Any award of expenses by the Secretary of State under the fore- going provisions of this paragraph may be enforced in like manner as a recorded decree arbitral.

(14) An appeal to the Secretary of State shall not preclude him from con- sulting the competent authorities of any country or territory outside the United Kingdom for the purposes of section 43 Ka) to (d) of the Act (which relates to national security, relations with other countries and territories and similar matters) notwithstanding that the consultation may relate to matters affecting the appeal.

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) 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;

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