PART 2

Air traffic

Air traffic services licensed under Part 1 of the Transport Act 2000: enforcement
10
1
Chapter 1 of Part 1 of the Transport Act 2000 is amended as follows.
2
For section 20 substitute—

Enforcement
20
Schedule B1 makes provision for—
a
the enforcement of the duties imposed by section 8 and licence conditions, and
b
connected appeals.
3
Omit sections 21 to 24.
4
For section 25 substitute—

Power to obtain information
25
Schedule C1 makes provision—
a
to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1,
b
for enforcement in connection with the exercise of those powers, and
c
for connected appeals.
5
After that section insert—

Penalties

Imposing penalties
25A
1
The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.
2
Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

Recovering penalties
25B
1
This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.
2
The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.
3
The CAA may recover from any person as a debt due to the CAA—
a
the unpaid balance, and
b
any interest on the penalty that has not been paid.
4
Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

Statement of policy on penalties
25C
1
The CAA must prepare and publish a statement of its policy with respect to—
a
imposing penalties under this Chapter, and
b
determining their amount.
2
The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.
3
When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.
4
When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.
6
In section 34 (investigations), for subsections (1) and (2) substitute—
1
A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition.
2
Where a representation is made to the CAA, the CAA may—
a
consider the representation;
b
investigate the alleged or apprehended contravention.
7
After Schedule A1 (inserted by section 9) insert—
a
the Schedule B1 (enforcement of duties under section 8 and licence conditions) set out in Schedule 5 to this Act;
b
the Schedule C1 (information) set out in Schedule 6 to this Act.