The Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022

Calculation of turnover

2.—(1) For the purposes of paragraphs 7 and 8(1) of Schedule 2 to the Act (amount of penalty), a person’s turnover is their applicable turnover for the most recent business year ending on or before the last day of the period specified under paragraph 2(2)(c) of Schedule 2 to the Act in relation to the requirement for the contravention of which the penalty is imposed.

(2) Where the business year referred to in paragraph (1) does not equal 12 months, the person’s turnover is their applicable turnover in that business year divided by the number of months in that business year and multiplied by 12.

(3) Where there is no preceding business year, the person’s turnover is their applicable turnover for the period of 12 months ending on the last day of the period specified under paragraph 2(2)(c) of Schedule 2 to the Act in relation to the requirement for the contravention of which the penalty is imposed.

(4) Where in the application of paragraph (3) the period for which the person has applicable turnover is less than 12 months, the person’s turnover is the applicable turnover in that period divided by the number of months in that period and multiplied by 12.

(5) For the purposes of paragraphs (1) and (3), if the period specified under paragraph 2(2)(c) of Schedule 2 to the Act in relation to the requirement for the contravention of which the penalty is imposed has been modified under paragraph 3 of that Schedule, the reference to the last day of that period is a reference to the last day of that period as modified under paragraph 3 of that Schedule.

(6) In this regulation—

“applicable turnover” has the meaning given in regulation 3;

“business year” means a period of more than six months in respect of which a person publishes accounts or, if no such accounts have been published for the period, prepares accounts, in respect of its business as defined in regulation 3.