[F12(1)If a person fails to comply with a notice under paragraph 1 without reasonable excuse, the CAA may do either or both of the following—U.K.
(a)impose a penalty on the person;
(b)enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(2)The amount of the penalty must be the amount that the CAA determines to be—
(a)appropriate, and
(b)proportionate to the failure in respect of which it is imposed.
(3)A penalty may consist of either or both of the following—
(a)a fixed amount;
(b)an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).
(4)A fixed amount must not exceed £2,000,000.
(5)A daily amount must not exceed £100,000.
(6)A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (7) and (8).
(7)The period must begin after the day on which the CAA gives the notice under paragraph 6 stating that it has imposed the penalty.
(8)The period must end before the day on which the person provides the information or documents specified in the notice under paragraph 1.
(9)The Secretary of State may by regulations replace the amount for the time being specified in sub-paragraph (4) or (5).]
Textual Amendments
F1Sch. C1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(b), 21(3)-(7), Sch. 6; S.I. 2021/748, reg. 2(b)