Part III

Regulation of Civil Aviation

Trespass by aircraft and aircraft nuisance, noise, etc.

Direction to establish, amend or revoke penalty scheme
78B
1
The Secretary of State may direct a specified relevant manager—
a
to establish a penalty scheme, or
b
to amend or revoke a penalty scheme.
2
The Secretary of State shall publish any direction given under subsection (1) above in such manner as appears to him to be appropriate.
3
A direction under subsection (1) above which requires a relevant manager to establish or amend a penalty scheme may include directions as to the provisions which are to be included in the scheme.
4
Before giving a direction under subsection (1) above the Secretary of State shall consult—
a
the relevant manager, and
b
any body appearing to him to be representative of operators of aircraft using the aerodrome in question.
5
If a relevant manager fails to comply with a direction given to him under subsection (1) above he shall—
a
be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
b
if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and be liable on summary conviction to a fine not exceeding
10% of level 5 on the standard scale
10% of the greater of £5,000 or level 4 on the standard scale
.
Ss. 78A, 78B inserted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. 3, 14; S.I. 2007/598, art. 2, Sch. 1
Words in s. 78B(5)(b) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 2(3) (with reg. 5(1))