PART 1

Airports
CHAPTER 1

Regulation of operators of dominant airports

Enforcement of licence conditions

Civil proceedings
38
1
A person who is given an enforcement order must comply with it (unless it is revoked).
2
The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.
3
A person who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).
4
The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.
5
Where a duty is owed to a person under subsection (2) or (4), the following are actionable by the person—
a
a breach of the duty that causes the person to sustain loss or damage, and
b
an act that—
i
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
ii
is done entirely or partly for achieving that result.
6
In proceedings brought against a person (“P”) by virtue of subsection (5)(a), it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.
7
The CAA may enforce the duties under subsections (1) and (3) in—
a
civil proceedings for an injunction,
b
civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
c
civil proceedings for any other appropriate remedy or relief.
8
Enforcement of a duty under subsection (1) or (3) by the CAA does not prejudice any rights that a person may have by virtue of subsection (5).
S. 38 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)