[F178BDirection to establish, amend or revoke penalty schemeU.K.
(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 [F210% of level 5 on the standard scale] [F210% of the greater of £5,000 or level 4 on the standard scale].]
Textual Amendments
F1Ss. 78A, 78B inserted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. 3, 14; S.I. 2007/598, art. 2, Sch. 1
F2Words in s. 78B(5)(b) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 2(3) (with reg. 5(1))