SCHEDULES
F1SCHEDULE B1Enforcement of duties under section 8 and licence conditions
PART 1Enforcement
Enforcement order
3
1
The CAA may give an order under this paragraph (an “enforcement order”) to a licence holder if—
a
it has given the licence holder a contravention notice (and has not withdrawn it),
b
the representation period has ended,
c
it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and
d
sub-paragraph (2) or (3) is satisfied.
2
This sub-paragraph is satisfied if the CAA has determined that the licence holder is contravening a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice.
3
This sub-paragraph is satisfied if the CAA has determined that the licence holder—
a
has contravened a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice, and
b
did not, before the end of the representation period, take all of the appropriate steps mentioned in sub-paragraph (6)(b).
4
An enforcement order must—
a
specify the Chapter 1 requirement and 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 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”, in relation to a contravention of a Chapter 1 requirement, means steps that the CAA has determined are appropriate—
a
for complying with the requirement, and
b
for remedying the consequences of the contravention.
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)