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Civil Aviation Act 2012

Section 103: Civil sanctions

311.Section 103 amends Part 3 of the RESA 2008” (civil sanctions) to add the CAA to the list of designated regulators in Schedule 5 to that Act. This enables an order to be made so as to give the CAA access to a range of civil sanctions provided for by Part 3 of RESA 2008”, which could be used in relation to the enforcement of breaches of civil aviation law. These sanctions would sit alongside the existing sanctions available to the CAA and would provide it with an alternative to relying on criminal prosecutions. Section 103 also adds particular provisions of the CAA 1982, including section 71 as amended by section 94 of the Act (regulation of provision of flight accommodation), to the list of enactments in Schedule 7 to the 2008 Act. This has the effect of extending an existing power to create criminal offences by subordinate legislation, so as to include the power to confer on the CAA the civil sanctions provided for by Part 3 of the Act.

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