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The Air Navigation (Single European Sky) (Penalties) Order 2009
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- UK Statutory Instruments
- 2009 No. 1735
- Article 11
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PenaltiesU.K.
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11.—(1) Any person who—
(a)fails to comply with any obligation imposed upon him under a designation made under article 8 of the service provision regulation;
(b)fails to formalise, notify or secure the required approval of any working relationship under article 10 of the service provision regulation;
(c)contravenes article [F16.1 or 6.2] of the common requirements regulation;
(d)fails to take the corrective action imposed upon him by the CAA under article [F26.3] of the common requirements regulation
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
(2) Any person who fails to comply with any obligation imposed upon him by—
(a)articles 3, 4(b), 6 or 9, or
(b)article 8(3) F3...,
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
(3) Any person who fails to comply with any obligation imposed upon him by—
(a)article 5, or
(b)a designation made under article 9 of the service provision regulation,
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
(4) Any person who fails to comply with any obligation imposed upon him—
(a)by articles 7 F4... or 10,
[F5(aa)by articles 6, 7, 8, 9.2, 10.2, 11.2 or 11.5 of the air traffic flow management regulation,]
(b)to provide [F6a] declaration of conformity or suitability for use as required by article 5.2 of the interoperability regulation,
(c)to provide [F7a] declaration of verification as required by article 6.2 of the interoperability regulation,
(d)to submit to the CAA the declaration referred to in sub-paragraph (c) together with the technical file as required by the said article 6.2, F8...
(e)to provide the CAA, within a reasonable time after being requested so to do, with such additional information as the CAA may require under the said article 6.2, [F9or]
[F10(f)by an implementing rule listed in the Schedule to this Order,]
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
[F11(4A) Any local air traffic flow management unit who, when requested by an airport slot coordinator or a managing body of a coordinated airport, fails to provide to the person making the request the accepted fight plan of a flight operating at that airport, before that flight takes place, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in art. 11(1)(c) substituted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(a)
F2Word in art. 11(1)(d) substituted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(b)
F3Words in art. 11(2)(b) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 11(4)(a) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 11(4)(aa) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(c)
F6Word in art. 11(4)(b) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in art. 11(4)(c) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in art. 11(4)(d) omitted (12.12.2013) by virtue of The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(d)
F9Word in art. 11(4)(e) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(e)
F10Art. 11(4)(f) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 11(4A) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(g)
F12Art. 11(5) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(c); 2020 c. 1, Sch. 5 para. 1(1)
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