Textual Amendments
F1Sch. B1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(a), 21(3)-(7), Sch. 5; S.I. 2021/748, reg. 2(b)
14(1)A penalty imposed on a licence holder under paragraph 9 or 10 for a contravention may not consist of or include a fixed amount exceeding 10% of the licence holder's qualifying turnover for the qualifying period.U.K.
(2)A licence holder's qualifying turnover is the licence holder's turnover from its provision of air traffic services.
(3)The qualifying period is the last regulatory year ending on or before the day on which the notice proposing the penalty is given under paragraph 11(1) (“the notice day”), except in the cases described in sub-paragraph (4).
(4)Those cases are—
(a)where a licence holder was not authorised to provide air traffic services in respect of a managed area throughout the last regulatory year that ends on or before the notice day;
(b)where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day;
(c)where a licence holder has not provided the CAA with accounts prepared in accordance with the licence for the last regulatory year that ends on or before the notice day.
(5)In those cases—
(a)if the licence holder was authorised to provide air traffic services in respect of a managed area on the notice day, the qualifying period is the year ending with the notice day (or, if shorter, the period ending with the notice day during which the licence holder was authorised to provide such services in respect of such an area);
(b)otherwise, the qualifying period is the year ending with the last day before the notice day on which the licence holder was authorised to provide air traffic services in respect of a managed area (or, if shorter, the period ending with the last day before the notice day during which the licence holder was authorised to provide such services in respect of such an area).
(6)A licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover for that period as reported in accounts that the licence holder is required to prepare by a licence condition, unless regulations under sub-paragraph (7) provide otherwise.
(7)The Secretary of State may by regulations—
(a)amend or otherwise modify the definition of qualifying turnover;
(b)make provision about how a licence holder's qualifying turnover for a qualifying period is to be calculated.
(8)The regulations may in particular—
(a)make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period;
(b)provide that a licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover reported in accounts specified or described in the regulations;
(c)provide that a licence holder's qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations.
(9)In this paragraph “regulatory year”, in relation to a licence holder, means a year for which the licence holder was required to prepare accounts by a licence condition for air traffic services provided in respect of a managed area.]