SCHEDULES
F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions
PART 1Enforcement
Contravention notices
1
1
The CAA may give a notice under this paragraph (a “contravention notice”) to a licence holder if it has reasonable grounds for believing that the licence holder is contravening, or has contravened, a Chapter 1 requirement.
2
In this Schedule “Chapter 1 requirement”, in relation to a licence holder, means—
a
a duty imposed on the licence holder by section 8, or
b
a licence condition of the licence holder's licence.
3
A contravention notice must—
a
specify the Chapter 1 requirement and contravention in respect of which it is given;
b
explain the action that the CAA may take under this Schedule in connection with the contravention;
c
explain that representations may be made about the matters in the notice before the end of the period specified in the notice.
4
The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to sub-paragraph (5).
5
The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.
6
A contravention notice is given to a licence holder in respect of a repeated contravention if, in the period of two years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the licence holder of the same Chapter 1 requirement—
a
gave the licence holder a contravention notice;
b
gave the licence holder an enforcement order;
c
gave the licence holder an urgent enforcement order;
d
imposed a penalty on the licence holder under paragraph 9 or 10.
7
The CAA may extend the period specified in a contravention notice given to a licence holder on one or more occasions by giving a notice to that licence holder.
8
The CAA may withdraw a contravention notice given to a licence holder at any time by giving a notice to the licence holder that includes its reasons for doing so.
9
As soon as practicable after giving a notice under sub-paragraph (1), (7) or (8), the CAA must—
a
publish the notice;
b
send a copy of the notice 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.
10
A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.
11
In this Schedule “representation period”, in relation to a contravention notice, means—
a
the period specified in the contravention notice for making representations;
b
where the period has been extended in accordance with sub-paragraph (7), the extended period.
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)