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31.—(1) Where—
(a)an aircraft operator is liable to a civil penalty under regulation 34 or 37;
(b)a UK operator is liable to a civil penalty under regulation 39;
(c)an aerodrome operator is liable to a civil penalty under regulation 40; or
(d)a person is liable to a civil penalty under regulation 41,
the regulator may, in a notice given under regulation 30, substitute a lower amount than specified in those regulations.
(2) Before substituting a lower amount under paragraph (1) the regulator must—
(a)take into account the seriousness of the failure to comply; and
(b)ensure that the new amount provides for an effective and dissuasive penalty.
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