The Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019

Review of penalties

7.—(1) If the decision to impose a penalty under regulation 6 is made by a CAA employee, then the CAA must, in the penalty notice, inform the respondent of the right to serve a request that the decision be retaken by CAA members on behalf of the CAA.

(2) Any request that the decision be retaken must be made by the respondent in writing within 14 days beginning with the day after the date of receipt of the penalty notice.

(3) Where a request is served—

(a) the penalty notice has no further effect;

(b) the decision as to whether or not to impose a penalty in the circumstances of the case must be retaken by at least two CAA members who were not involved in the original decision taken by the CAA employee.

(4) Before retaking a decision the CAA members must consider any representations by the respondent requesting the decision to be retaken, served on the CAA within 21 days beginning with the day after the date of receipt of the penalty notice or such additional period as the CAA members may determine.

(5) Where CAA members retake a decision under this regulation, the CAA members must—

(a) serve a notice (a “review notice”) setting out the retaken decision and a statement of their reasons on the respondent, and

(b) publish the retaken decision and the statement of reasons in the CAA’s Official Record.

(6) If the decision is to impose a penalty then the review notice must specify that the penalty is to be paid within 30 days beginning with the day after the day on which the review notice is served.