Part III Regulation of Civil Aviation
Trespass by aircraft and aircraft nuisance, noise, etc.
78BF1Direction to establish, amend or revoke penalty scheme
1
The Secretary of State may direct a specified relevant manager—
a
to establish a penalty scheme, or
b
to amend or revoke a penalty scheme.
2
The Secretary of State shall publish any direction given under subsection (1) above in such manner as appears to him to be appropriate.
3
A direction under subsection (1) above which requires a relevant manager to establish or amend a penalty scheme may include directions as to the provisions which are to be included in the scheme.
4
Before giving a direction under subsection (1) above the Secretary of State shall consult—
a
the relevant manager, and
b
any body appearing to him to be representative of operators of aircraft using the aerodrome in question.
5
If a relevant manager fails to comply with a direction given to him under subsection (1) above he shall—
a
be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
b
if the failure continues after his conviction of an offence under this subsection arising from the failure, be guilty of a separate offence under this subsection on each day on which the failure continues thereafter and be liable on summary conviction to a fine not exceeding 10% of level 5 on the standard scale.