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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

33Enforcement order
This section has no associated Explanatory Notes

(1)The CAA may give an order under this section (an “enforcement order”) to a person if—

(a)it has given the person a contravention notice (and has not withdrawn it),

(b)the representation period has ended,

(c)it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

(d)subsection (2) or (3) is satisfied.

(2)This subsection is satisfied if the CAA has determined that the person is contravening a condition specified in the contravention notice in one or more of the ways specified in the notice.

(3)This subsection is satisfied if the CAA has determined that the person—

(a)has contravened a condition specified in the contravention notice in one or more of the ways specified in the notice, and

(b)did not, before the end of the representation period, take all of the appropriate steps mentioned in subsection (6)(b).

(4)An enforcement order must—

(a)specify the condition and contravention in respect of which it is given,

(b)require the person to take such of the appropriate steps as are specified in the order,

(c)specify a reasonable period within which the steps must be taken, and

(d)give the CAA’s reasons for giving the order.

(5)As soon as practicable after giving an enforcement order, the CAA must—

(a)publish the order, and

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

(6)In this section “the appropriate steps”, in relation to a contravention of a condition, means the steps that the CAA has determined are appropriate—

(a)for complying with the condition, and

(b)for remedying the consequences of the contravention.

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