SCHEDULES

F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions

Annotations:

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).