Part I

Air traffic
Chapter I

Air traffic services

Enforcement

Exceptions
21
1
The CAA must not make a final order or make or confirm a provisional order if it is satisfied that—
a
the duty imposed on it by section 2 precludes it from doing so, or
b
the most appropriate way of proceeding is under the Competition Act 1998.
2
If the CAA is satisfied that any of the conditions in subsection (3) applies it must not make a final order or make or confirm a provisional order unless it believes that it is appropriate to do so.
3
The conditions are that—
a
the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the duty or condition concerned;
b
the contraventions or apprehended contraventions are trivial;
c
the contraventions or apprehended contraventions will not adversely affect the interests of the persons referred to in subsection (4);
d
the Secretary of State has made an application under section 28 for an air traffic administration order in relation to the licence holder.
4
The persons are operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them.
5
These interests are the only ones to be considered under subsection (3)(c)—
a
interests regarding safety;
b
interests regarding the range, availability, continuity, cost and quality of air traffic services.
1998 c. 41.