SCHEDULES
F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions
PART 1Enforcement
Civil proceedings
8
1
A licence holder who is given an enforcement order must comply with it (unless it is revoked).
2
The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.
3
A licence holder who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).
4
The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.
5
Where a duty is owed to a person under sub-paragraph (2) or (4), the following are actionable by the person—
a
a breach of the duty that causes the person to sustain loss or damage;
b
an act that—
i
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
ii
is done entirely or partly for achieving that result.
6
In proceedings brought against a licence holder by virtue of sub-paragraph (5), it is a defence for the licence holder to show that it took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.
7
The CAA may enforce the duties under sub-paragraphs (1) and (3)—
a
in civil proceedings for an injunction,
b
in civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
c
in civil proceedings for any other appropriate remedy or relief.
8
Enforcement of a duty under sub-paragraph (1) or (3) by the CAA does not prejudice any rights a person may have by virtue of sub-paragraph (5).
Sch. B1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(a), 21(3)-(7), Sch. 5; S.I. 2021/748, reg. 2(b)