Valid from 01/03/2007
[F138CBreaches of noise control schemesE+W+S
(1)This section also applies where a noise control scheme imposes requirements under section 38A(2)(a) above in relation to aircraft taking off or landing at an aerodrome.
(2)The scheme may provide for the aerodrome operator to require the payment of a penalty if any such requirement is not complied with in relation to an aircraft taking off or landing at the aerodrome.
(3)Any such penalty shall be—
(a)of an amount specified in the scheme, and
(b)paid to the aerodrome operator by the operator of the aircraft in question.
(4)The scheme shall afford the operator of the aircraft an opportunity to make representations to the aerodrome operator with respect to the matter either before or after the penalty is imposed.
(5)If the scheme affords an opportunity to make representations after the penalty is imposed, it shall provide for the aerodrome operator to cancel the penalty if it considers it appropriate to do so having considered those representations.
(6)An aerodrome operator which receives penalties under a noise control scheme shall make payments equal to the amount of those penalties for purposes which appear to it to be likely to be of benefit to persons who live in the area in which the aerodrome is situated.]
Textual Amendments
F1Ss. 38A-38C inserted (E.W.S.) (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. 4, 14; S.I. 2007/598, art. 2, Sch. 1