21 Exceptions.U.K.
(1)The CAA must not make a final order or make or confirm a provisional order if it is satisfied that—
(a)the duty imposed on it by section 2 precludes it from doing so, F1...
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If the CAA is satisfied that any of the conditions in subsection (3) applies it must not make a final order or make or confirm a provisional order unless it believes that it is appropriate to do so.
(3)The conditions are that—
(a)the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the duty or condition concerned;
(b)the contraventions or apprehended contraventions are trivial;
(c)the contraventions or apprehended contraventions will not adversely affect the interests of the persons referred to in subsection (4);
(d)the Secretary of State has made an application under section 28 for an air traffic administration order in relation to the licence holder.
(4)The persons are operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them.
(5)These interests are the only ones to be considered under subsection (3)(c)—
(a)interests regarding safety;
(b)interests regarding the range, availability, continuity, cost and quality of air traffic services.
[F2(6)Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.]
[F2(7)The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.]
Textual Amendments
F1S. 21(1)(b) and word omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 15(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)
F2S. 21(6)(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 15(3); S.I. 2014/416, art. 2(1)(e) (with Sch.)
Commencement Information
I1S. 21 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)