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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

36Urgent enforcement order: confirmation
This section has no associated Explanatory Notes

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

(a)confirm the order, or

(b)revoke the order (see section 37).

(2)The CAA may confirm an urgent enforcement order with or without modifications.

(3)The CAA may confirm an urgent enforcement order given in reliance on section 35(2) only if it has determined that—

(a)the person is contravening, or has contravened, a licence condition specified in the order in one or more of the ways specified in the order,

(b)the contravention has resulted in, or creates an immediate risk of, a problem described in section 35(2)(b), and

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

(4)The CAA may confirm an urgent enforcement order given in reliance on section 35(3) only if it has determined—

(a)that paragraphs (a) to (c) of subsection (3) of this section are satisfied, or

(b)that—

(i)the person is likely to contravene a licence condition specified in the order in one or more of the ways specified in the order,

(ii)the contravention is likely to result in, or create an immediate risk of, a problem described in section 35(2)(b), and

(iii)it is appropriate to confirm the urgent enforcement order, with any modifications, in order to prevent, or reduce the likelihood of, that problem or risk arising.

(5)Before confirming an urgent enforcement order, the CAA must—

(a)publish a notice in relation to the proposal to confirm the order,

(b)send a copy of the notice to the person to whom the order was given, and

(c)consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

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

(a)state that the CAA proposes to confirm the order,

(b)specify any proposed modifications of the order,

(c)give the CAA’s reasons for confirming the order and for any modifications, and

(d)specify a reasonable period for making representations.

(7)As soon as practicable after confirming an urgent enforcement order, the CAA must—

(a)publish a notice giving details of the confirmation, including any modifications of the order, and

(b)send a copy of the notice to the persons listed in subsection (8).

(8)Those persons are—

(a)the person to whom the urgent enforcement order was given, and

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

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