Singapore legislation
Regulation 19
Regulation 19
No assignment, etc., of benefits of licence or permit
Subregulation 1
Subject to the provisions of this regulation, the holder of a licence granted under Part IA or II (referred to in this regulation as a licence) or of a permit granted under Part III shall not —
assign, transfer or otherwise dispose of any of the benefits of his licence or permit; or
permit another person to participate in any of the benefits, or exercise any of the powers or authority granted under the licence or permit.
Subregulation 2
The holder of a licence or permit may transfer or assign the licence or permit to another person only with the prior approval of the relevant authority.
Subregulation 2A
Every application for approval to a transfer or an assignment of a licence or permit must be —
made to the relevant authority;
made jointly by the holder of the licence or permit and the person to whom the holder wishes to transfer or assign the licence or permit; and
in the case of a licence under Part IA, in accordance with regulation 2U.
Subregulation 3
Where the holder of a licence or permit —
dies;
in the case of a company, is wound up or goes into liquidation or is otherwise dissolved; or
ceases, for any other reason, to provide any air services in respect of which his licence or permit is granted,any person who wishes to carry on the holder’s business of providing the air services shall apply to the relevant authority for the transfer of the licence or permit (as the case may be) to him.
Subregulation 4
The relevant authority may, upon the receipt of an application under paragraph (3), grant provisional approval to the person making the application to commence the provision of the air services until his application is approved or rejected; and that person shall not, when providing those air services at any time until his application is approved or rejected, be treated to be in contravention of regulation 2A or 14.
Subregulation 5
Without prejudice to regulation 2U, the relevant authority may, on receipt of an application under paragraph (2) or (3), approve the transfer or assignment of the licence or permit on such terms and conditions as it thinks fit if it is satisfied that —
such transfer or assignment would not involve or result in any disruption of the air services provided by the holder of the licence or permit prior to the proposed transfer or assignment; and
the proposed transferee or assignee is willing and able to substantially comply with the terms and conditions of the licence or permit.
Subregulation 5A
In making its determination under paragraph (5) with respect to an application for approval to a transfer or an assignment of a licence granted under Part IA, the Committee shall have regard to —
the reasons for the transfer;
whether the transferee is a designated carrier under the air services agreement relating to the provision of air services under the licence;
whether the transferee is the holder of a valid air operator certificate;
the matters referred to in regulation 2G(1)(h) to (q) in so far as these apply to both the transferor and transferee; and
any matters considered by the Committee at the time the licence was granted to the transferor, including any other competing applications for that same licence at that time.
Subregulation 6
Except as otherwise provided in this regulation and regulation 2U, an application for the assignment of a licence or permit shall be —
made in such form and manner; and
accompanied by such documents and information,as the relevant authority may require.
Subregulation 7
Nothing in this regulation shall be construed as imposing an obligation on the relevant authority to approve the transfer or assignment of a licence or permit in any case.
Subregulation 8
In this regulation, “relevant authority” means —
in the case of a licence under Part IA, the Committee;
in the case of a licence under Part II, the Minister; or
in the case of a permit under Part III, the Chief Executive.