3Restrictions on providing services
(1)A person commits an offence if he provides air traffic services in respect of a managed area.
(2)But subsection (1) is subject to subsections (3) to (5).
(3)Subsection (1) does not apply if the person—
(a)is authorised by an exemption to provide the services, or
(b)acts as an employee or agent of a person who is authorised by an exemption to provide the services.
(4)Subsection (1) does not apply if the person—
(a)holds a licence authorising him to provide the services, or
(b)acts as an employee or agent of a person who is authorised by a licence to provide the services.
(5)Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).
(6)For the purposes of this section—
(a)air traffic services are to be treated as provided at the place from which they are provided;
(b)air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided.
(7)A person who commits an offence under this section is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(8)No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of—
(a)the Secretary of State, or
(b)the CAA acting with his consent.