PART 1

Airports
CHAPTER 1

Regulation of operators of dominant airports

Enforcement of licence conditions

Amount of penalty
43
1
The amount of a penalty imposed on a person under section 39 or 40 must be such amount as 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 section 44);
b
a daily amount (see section 45).
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made to it in a period specified in a notice proposing the penalty given under section 41(1) or (5) (and not withdrawn),
b
any steps taken by the person on whom the penalty is to be imposed towards complying with the licence condition or requirement specified in the notice under section 41(1), and
c
any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.
S. 43 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)