SCHEDULES

F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions

Annotations:
Amendments (Textual)

PART 1Enforcement

Urgent enforcement order

5

1

The CAA may give an order under this paragraph (an “urgent enforcement order”) to a licence holder if sub-paragraph (2) or (3) is satisfied.

2

This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

a

the licence holder is contravening, or has contravened, a Chapter 1 requirement,

b

the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem—

i

for owners or operators of aircraft, or

ii

for owners or managers of aerodromes, and

c

it is appropriate to give an urgent enforcement order to prevent, remove or reduce that problem or risk.

3

This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

a

the licence holder is likely to contravene a Chapter 1 requirement,

b

the contravention is likely to result in, or create an immediate risk of, a problem described in sub-paragraph (2)(b), and

c

it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.

4

An urgent enforcement order must—

a

specify the Chapter 1 requirement and the contravention in respect of which it is given;

b

require the licence holder to take any appropriate steps that are specified in the order;

c

specify a reasonable period within which the steps must be taken;

d

give the CAA's reasons for giving the order.

5

As soon as practicable after giving an urgent enforcement order, the CAA must—

a

publish the order;

b

send a copy of the order to—

i

any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

ii

any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

iii

the Secretary of State.

6

In this paragraph “appropriate steps”—

a

in relation to a contravention of a Chapter 1 requirement that has occurred or is occurring, means steps that the CAA has determined are appropriate—

i

for complying with the requirement, and

ii

for remedying the consequences of the contravention;

b

in relation to a contravention of a Chapter 1 requirement that is likely to occur, means steps that the CAA has determined are appropriate for securing that the contravention does not occur.