Civil Aviation Act 1982

74 Provisions supplementary to s. 73. U.K.

(1) Any person who, without reasonable cause, fails to comply with any requirement of regulations made by virtue of subsection (7) of section 73 above shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

(2) Any person who, being in possession of information furnished to or obtained by him in pursuance of regulations under the said subsection (7), discloses that information otherwise than—

(a) with the consent of the person by whom it was furnished or from whom it was obtained, or

(b) for the purposes of the regulations, or

(c) for the purposes of any proceedings arising out of section 73 above, of proceedings brought by virtue of paragraph 3 of Schedule 4 to this Act or of any criminal proceedings whether or not arising out of this Act, or

(d) for the purposes of any public inquiry or Inspector’s investigation held or carried out in pursuance of regulations made under section 75 below, or

(e) for the purpose of any report of any such proceedings, inquiry or investigation as aforesaid,

shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding three months or to both.

(3) Any person who, in furnishing in pursuance of such regulations any such particulars as are described in paragraph (c) of the said subsection (7), furnishes any particulars which to his knowledge are false in any material particular, or recklessly furnishes any particulars which are false in any material particular, shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(4) Without prejudice to paragraph 4 of Part III of Schedule 13 to this Act, regulations under section 73 above may make provision—

(a) in the case of default in the payment of any charge payable by an operator under the regulations, for authorising the detention, pending payment, of the aircraft in respect of which the charge was incurred or of any other aircraft of which the person in default is the operator at the time when the detention begins;

(b) in the case of default in complying with any requirement imposed by the regulations on the operators of aircraft with respect to the production for inspection, or the furnishing of particulars, of any records, for authorising the detention, pending compliance, of any aircraft of which the person in default is the operator at the time when the detention begins;

and such regulations may make such further provision as appears to the Secretary of State to be necessary or expedient for securing such detention.

(5) Regulations in pursuance of subsection (4) above may make, in relation to aircraft detained for non-payment of any charge payable by virtue of regulations under section 73 above, provision corresponding to any provision made by or under section 88 below.

(6) A court in any part of the United Kingdom shall have jurisdiction to hear and determine a claim for charges or interest payable to the Secretary of State or the CAA or Eurocontrol by virtue of regulations under section 73 above, notwithstanding that the person against whom the claim is made is not resident within the jurisdiction of the court.

(7) In this section “record” has the same meaning as in section 73 above.

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1) ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6