Part I

Air traffic
Chapter II

Transfer schemes

Secretary of State’s schemes

Information for purposes of section 45
46
1
If the Secretary of State proposes to make a transfer scheme he may give a direction to an interested body requiring it—
a
to provide him with such information as he thinks necessary to enable him to make the scheme, and
b
to do so within the period (not less than 28 days starting with the date on which the direction is given) specified in the direction.
2
These are interested bodies—
a
the CAA;
b
a company which is wholly owned by the Crown;
c
a company which is wholly owned by the CAA;
d
a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
3
If a body fails to comply with a direction under subsection (1) the Secretary of State may serve on it a notice which—
a
requires it to produce any documents which are specified or described in the notice and are in its custody or under its control, and to produce them at a time and place so specified and to a person so specified, or
b
requires it to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
4
No body may be required under this section—
a
to produce documents which it could not be compelled to produce in civil proceedings in the court;
b
to supply information which it could not be compelled to supply in such proceedings.
5
If a body fails without reasonable excuse to do anything required of it by a notice under subsection (3) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
If a body intentionally alters, suppresses or destroys a document which it has been required to produce by a notice under subsection (3) it is guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
7
If a body makes default in complying with a notice under subsection (3) the court may on the Secretary of State’s application make such order as the court thinks fit for requiring the default to be made good.
8
An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne—
a
by the body in default, or
b
if officers of the body are responsible for its default, those officers.
9
A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
10
A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
11
A reference to the court is to—
a
the High Court in relation to England and Wales or Northern Ireland;
b
the Court of Session in relation to Scotland.