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.