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)
11(1)Before imposing a penalty on a licence holder under paragraph 9 or 10 the CAA must—U.K.
(a)give the licence holder a notice about the proposed penalty;
(b)publish the notice as soon as practicable;
(c)send a copy of the notice to the persons listed in sub-paragraph (3);
(d)consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
(2)A notice under sub-paragraph (1) must—
(a)state that the CAA proposes to impose a penalty;
(b)state the proposed amount of the penalty;
(c)specify the requirement that the CAA has determined is being or has been contravened;
(d)specify the act or omission that the CAA has determined constitutes a contravention of the requirement;
(e)where the penalty would be imposed under paragraph 10, specify the Chapter 1 requirement in respect of which the enforcement order or urgent enforcement order (as the case may be) was given.
(3)The persons are—
(a)any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
(b)any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
(c)the Secretary of State.
(4)In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), a notice must specify—
(a)the day on which daily amounts would begin to accumulate;
(b)the day on which, or the circumstances in which, they would cease to accumulate.
(5)The period specified in a notice under sub-paragraph (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 licence holder.
(6)Before varying the proposed amount of a penalty, the CAA must—
(a)give the licence holder 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 to the persons listed in sub-paragraph (3);
(d)consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
(7)In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), the reference in sub-paragraph (6) to varying the proposed amount includes—
(a)varying the day on which daily amounts would begin to accumulate;
(b)varying the day on which, or the circumstances in which, they would cease to accumulate.
(8)The notice under sub-paragraph (6) must—
(a)specify the proposed variation;
(b)give the CAA's reasons for the proposed variation.
(9)The period specified in a notice under sub-paragraph (6) 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 licence holder.
(10)The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the licence holder on whom it proposed to impose the penalty.
(11)As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—
(a)publish the notice;
(b)send a copy of the notice to the persons listed in sub-paragraph (3).]