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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

35Urgent enforcement order
This section has no associated Explanatory Notes

(1)The CAA may give an order under this section (an “urgent enforcement order”) to a person if subsection (2) or (3) is satisfied.

(2)This subsection is satisfied if the CAA has reasonable grounds for believing that—

(a)the person is contravening, or has contravened, a licence condition,

(b)the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem for users of air transport services, for a class of user of such services or for a relevant service provider, and

(c)it is appropriate to give the urgent enforcement order to prevent, remove or reduce that problem or risk.

(3)This subsection is satisfied if the CAA has reasonable grounds for believing that—

(a)the person is likely to contravene a licence condition,

(b)the contravention is likely to result in, or create an immediate risk of, a problem described in subsection (2)(b), and

(c)it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.

(4)An urgent 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 urgent 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” means—

(a)in relation to a contravention of a condition that has occurred or is occurring, the steps that the CAA has determined are appropriate—

(i)for complying with the condition, and

(ii)for remedying the consequences of the contravention, and

(b)in relation to a contravention of a condition that is likely to occur, the steps that the CAA has determined are appropriate for securing that the contravention does not occur.

(7)In this section “relevant service provider” means a person, other than the person to whom the urgent enforcement order is to be given, who provides services at the airport at which, or in connection with which, the contravention occurred, is occurring or is likely to occur.

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