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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

Obtaining information

50Power to obtain information

(1)The CAA may by notice require a person to provide—

(a)information, or

(b)a document that is in the person’s custody or under the person’s control.

(2)The CAA may give a notice under this section only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under this Chapter.

(3)The notice may require the information or document to be provided—

(a)at a time and place specified in the notice, and

(b)in a form and manner specified in the notice.

(4)The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court.

(5)“The appropriate court” means—

(a)in relation to England and Wales and Northern Ireland, the High Court, and

(b)in relation to Scotland, the Court of Session.

51Enforcement of information notice

(1)If a person fails to comply with a notice under section 50 without reasonable excuse, the CAA may do either or both of the following—

(a)impose a penalty on the person;

(b)enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.

(2)The amount of the penalty must be such amount as the CAA determines to be—

(a)appropriate, and

(b)proportionate to the failure in respect of which it is imposed.

(3)A penalty may consist of either or both of the following—

(a)a fixed amount;

(b)an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).

(4)A fixed amount must not exceed £2,000,000.

(5)A daily amount must not exceed £100,000.

(6)A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8).

(7)The period must begin after the day on which the CAA gives the notice under section 54(1) stating that it has imposed the penalty.

(8)The period must end before the day on which the person provides the information or documents specified in the notice under section 50.

(9)The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5).

52Penalty for providing false information, destroying documents etc

(1)The CAA may impose a penalty on a person if, in relevant circumstances, the person provides information to the CAA that is false or misleading in a material respect and—

(a)the person knows that the information is false or misleading, or

(b)the person is reckless as to whether the information is false or misleading.

(2)A person provides information in relevant circumstances if the person does so—

(a)in accordance with a licence condition,

(b)in response to a notice under section 50, or

(c)knowing that the CAA is likely to use the information for the purpose of carrying out its functions under this Chapter.

(3)The CAA may impose a penalty on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under section 50.

(4)The amount of a penalty imposed on a person under this section must be such amount as the CAA determines to be—

(a)appropriate, and

(b)proportionate to the action in respect of which it is imposed.

53Procedure before imposing penalty

(1)Before imposing a penalty on a person under section 51 or 52 the CAA must—

(a)give the person a notice about the proposed penalty,

(b)publish the notice as soon as practicable,

(c)send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and

(d)consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2)The notice under subsection (1) must—

(a)state that the CAA proposes to impose a penalty,

(b)state the proposed amount of the penalty, and

(c)give the CAA’s reasons for imposing the penalty.

(3)In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify—

(a)the day on which daily amounts would begin to accumulate, and

(b)the day on which, or the circumstances in which, they would cease to accumulate.

(4)The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(5)Before varying the proposed amount of the penalty, the CAA must—

(a)give the person on whom the penalty is to be imposed a notice about the proposed variation,

(b)publish the notice as soon as practicable,

(c)send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and

(d)consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(6)In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying—

(a)the day on which daily amounts would begin to accumulate, and

(b)the day on which, or circumstances in which, they would cease to accumulate.

(7)The notice under subsection (5) must—

(a)specify the proposed variation, and

(b)give the CAA’s reasons for the proposed variation.

(8)The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(9)The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.

(10)As soon as practicable after giving a notice under subsection (9), the CAA must—

(a)publish the notice, and

(b)send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

54Procedure after imposing penalty

(1)As soon as practicable after imposing a penalty on a person under section 51 or 52, the CAA must—

(a)give a notice to the person on whom the penalty is imposed,

(b)publish the notice, and

(c)send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

(2)The notice must—

(a)state that the CAA has imposed the penalty,

(b)state the amount of the penalty,

(c)give the CAA’s reasons for imposing the penalty, and

(d)specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3)In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice must specify—

(a)the day on which daily amounts begin to accumulate, and

(b)the day on which, or the circumstances in which, they cease to accumulate.

(4)As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a)give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,

(b)publish the notice, and

(c)send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

55Appeals against penalties

Schedule 5 (appeals against penalties: information) has effect.

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