PART 1

Airports
CHAPTER 1

Regulation of operators of dominant airports

Obtaining information

Procedure before imposing penalty
53
1
Before imposing a penalty on a person under section 51 or 52 the CAA must—
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 as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2
The notice under subsection (1) must—
a
state that the CAA proposes to impose a penalty,
b
state the proposed amount of the penalty, and
c
give the CAA's reasons for imposing the penalty.
3
In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify—
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or the circumstances in which, they would cease to accumulate.
4
The period specified in the notice under subsection (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.
5
Before varying the proposed amount of the 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 as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
6
In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying—
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or circumstances in which, they would cease to accumulate.
7
The notice under subsection (5) must—
a
specify the proposed variation, and
b
give the CAA's reasons for the proposed variation.
8
The period specified in the notice under subsection (5) 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.
9
The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.
10
As soon as practicable after giving a notice under subsection (9), the CAA must—
a
publish the notice, and
b
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
S. 53 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)