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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

38Civil proceedings
This section has no associated Explanatory Notes

(1)A person who is given an enforcement order must comply with it (unless it is revoked).

(2)The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.

(3)A person who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).

(4)The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.

(5)Where a duty is owed to a person under subsection (2) or (4), the following are actionable by the person—

(a)a breach of the duty that causes the person to sustain loss or damage, and

(b)an act that—

(i)by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and

(ii)is done entirely or partly for achieving that result.

(6)In proceedings brought against a person (“P”) by virtue of subsection (5)(a), it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.

(7)The CAA may enforce the duties under subsections (1) and (3) in—

(a)civil proceedings for an injunction,

(b)civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c)civil proceedings for any other appropriate remedy or relief.

(8)Enforcement of a duty under subsection (1) or (3) by the CAA does not prejudice any rights that a person may have by virtue of subsection (5).

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