SCHEDULES
F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions
PART 1Enforcement
Amount of penalty
13
1
The amount of a penalty imposed on a person under paragraph 9 or 10 must be the amount that the CAA determines to be—
a
appropriate, and
b
proportionate to the contravention for which it is imposed.
2
The penalty may consist of either or both of the following—
a
a fixed amount (see paragraph 14);
b
a daily amount (see paragraph 15).
3
In determining the amount of a penalty, the CAA must have regard, in particular, to—
a
any representations made to it in a period specified in a notice proposing to give a penalty under paragraph 11(1) or (6) (and not withdrawn);
b
any steps taken by the licence holder on whom the penalty is to be imposed towards complying with—
i
the requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(c), and
ii
where the penalty is to be imposed under paragraph 10, the Chapter 1 requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(e);
c
any steps taken by that licence holder towards remedying the consequences of the contravention of the requirement mentioned in paragraph (b)(i) and, where relevant, paragraph (b)(ii).
Sch. B1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(a), 21(3)-(7), Sch. 5; S.I. 2021/748, reg. 2(b)