Enforcement
Enforcement by the CAA
20. These regulations will be enforced by the CAA.
Prevention of take-off
21.—(1) Where the CAA has reason to believe that an aircraft is intended to be used on a flight in contravention of regulation 7, the CAA may—
(a)give to the operator or commander of the aircraft a direction that he must not cause or permit the aircraft to take off until further notice; and
(b)having given the direction, detain the aircraft until it is satisfied that it will not be used on a flight in contravention of regulation 7.
(2) For the purposes of this regulation, “commander” will have the same meaning as in the Air Navigation Order(1)
Offences
22.—(1) Any person who without reasonable excuse contravenes regulation 7 is guilty of an offence.
(2) Any person who, having been given a direction under regulation 21(1)(a), without reasonable cause contravenes that direction is guilty of an offence.
(3) Any person guilty of an offence under this regulation will be liable —
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years.
Offences by bodies corporate
23.—(1) Where a body corporate is guilty of any offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
(a)any director, manager, secretary or other similar person of the body corporate, or
(b)any person who was purporting to act in such capacity,
he, as well as the body corporate will be guilty of the offence and will be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Defence of due diligence
24. It is a defence for a person charge with an offence under regulation 22 or 23 to show that he took all reasonable steps to avoid commission of the offence.
S.I. 2005/1970, to which there are amendments not relevant to these Regulations.