Transport Act 2000

[F1 Procedure before imposing a penalty U.K.

Textual Amendments

F1 Sch. C1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(b), 21(3)-(7), Sch. 6; S.I. 2021/748, reg. 2(b)

5 (1) Before imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must— U.K.

(a) give the person a notice about the proposed penalty;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (4);

(d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2) The notice under sub-paragraph (1) must—

(a) state that the CAA proposes to impose a penalty;

(b) state the proposed amount of the penalty;

(c) give the CAA's reasons for imposing the penalty.

(3) In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice under sub-paragraph (1) must specify—

(a) the day on which daily amounts would begin to accumulate;

(b) the day on which, or the circumstances in which, they would cease to accumulate.

(4) The persons are—

(a) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(b) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(c) the Secretary of State.

(5) The period specified in the notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(6) Before varying the proposed amount of a penalty, the CAA must—

(a) give the person on whom the penalty is to be imposed a notice about the proposed variation;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (4);

(d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(7) In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the reference in sub-paragraph (6) to varying the proposed amount of the penalty includes a reference to—

(a) varying the day on which daily amounts would begin to accumulate, and

(b) varying the day on which, or circumstances in which, they would cease to accumulate.

(8) The notice under sub-paragraph (6) must—

(a) specify the proposed variation;

(b) give the CAA's reasons for the proposed variation.

(9) The period specified in the notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(10) The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the person on whom it is proposed to impose the penalty.

(11) As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to the persons listed in sub-paragraph (4).]