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Civil Aviation Act 2012

Obtaining information
Section 50: Power to obtain information

157.Section 50 provides that the CAA may, by notice, require a person to provide information or a document that it reasonably requires for the purposes of carrying out its functions under Chapter 1 of Part 1. The information or document required may only be of a kind which a person could be compelled to produce in evidence in civil proceedings before a court.

Section 51: Enforcement of information notice

158.Section 51 provides that the CAA may impose a penalty that is appropriate and proportionate of a fixed amount up to £2,000,000 and/or a daily amount up to £100,000 on a person who fails to comply with a notice to provide information or a document. The Secretary of State may by regulations amend those amounts.

Section 52: Penalty for providing false information, destroying documents etc

159.Section 52 provides that the CAA may impose a penalty that it considers appropriate and proportionate on a person who, in relevant circumstances, knowingly or recklessly provides information that is false or misleading. The relevant circumstances are where the person provides the false or misleading information in accordance with a licence condition or in response to a notice under section 50 or knowing that the information is likely to be used by the CAA for the purpose of carrying out its functions under Chapter 1 of Part 1. A penalty may also be imposed if a document that is required to be produced by a notice under section 50 is intentionally altered, suppressed or destroyed.

Section 53: Procedure before imposing penalty

160.Section 53 provides that before imposing a penalty in respect of a failure to comply with a notice under section 50 or in respect of the provision of false or misleading information etc, under section 52 the CAA must give notice about the proposed penalty, including the proposed amount. Such a notice must be published and a copy sent to appropriate industry representatives. The CAA must allow for a representation period of not less than 21 days. Before making any variation to the proposed amount or to the day on which daily amounts begin or cease to accumulate, or to the circumstances in which they cease to accumulate, the CAA must give notice, publish the notice, send a copy of the notice to appropriate industry representatives and consider any representations made.

Section 54: Procedure after imposing penalty

161.Section 54 provides that as soon as practicable after imposing a penalty under section 51 or 52 the CAA must give a notice to the person on whom the penalty was imposed. The notice must be published and must state the amount of the penalty, give the CAA’s reasons and specify a reasonable period within which the penalty must be paid.

Section 55: Appeals against penalties and Schedule 5: Appeals against penalties: information

162.Section 55 gives effect to Schedule 5 which sets out the basis on which a person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person for failure to provide information or for providing false or misleading information etc. An appeal may be made against any of the decisions mentioned in paragraph 1(2) of Schedule 5, including the amount of penalty and the period allowed for payment. Schedule 5 sets out the grounds for appeal, and makes provision about decisions on appeal. A further appeal may be made on a point of law arising from a decision of the Competition Appeal Tribunal.

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