201. Your approval under Article 88 of the Navigation Orders; is it permanent or temporary?
(Mr Everitt) I think it is an indefinite approval.
202. You think it is? (Mr Everitt) Yes.
203. What about when it was first given in January, was it permanent or temporary?
(Mr Everitt) Indeed it was-I will need to check that but my understanding-
204. There is a letter to you from Mr Dancer, the head of Air Traffic Safety Standards Department from 22 January in which he tells you that your Article 88 Air Navigation Order approval has again been time-limited. It cannot be indefinite and time- limited at the same time, can it?
(Mr Everitt) I would need to check that.
205. Which is it now? Indefinite?
(Mr Everitt) My understanding is that it is indefinite but I would need to check.15
Chairman
206. You seem to have to check a lot of things. You run this thing.
(Mr Everitt) I did not come prepared for operational questions, I thought we were talking about the NAO Report.
Mr Bacon
207. I am curious because the Health and Safety Executive on 18 January, four days before you opened, said there were concerns about safety in relation to the centre and what it called "design deficiencies" which may have implications in relation to air safety and that as a result of that, presumably, that was why you were given a time-limited approval?
(Mr Everitt) No.
208. That is not the case?
(Mr Everitt) I do not think that is the case at all. We were given checks before we opened Swanwick and the safety regulator was perfectly content that Swanwick met all aviation safety requirements and the health and safety issues were around the possible effects on people at work, as it were; they were not air safety issues.
209. Is it a matter of the regulator's opinion or is it a question of what the law says?
(Mr Everitt) The aviation safety regulator clearly has to make judgments, as most regulators would have to in these circumstances, and those were the CAA's judgments.
210. What I want to know is if your contempt was okay, why did your approval say, and I have got a copy of it here: "This approval is effective from 26 January 2002 to 26 July 2002, unless revoked, varied or suspended", and why was it given this time-limited condition?
(Mr Everitt) Can I just check for one moment. Could I give you a note on that rather than speculate.16
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15 Ev 31, 34-35.
16 Ev 31.