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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

53Procedure before imposing penalty
This section has no associated Explanatory Notes

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(d)consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).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(d)consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).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

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