SCHEDULES
F1SCHEDULE C1Information
PART 2Enforcement: information
Procedure before imposing a penalty
5
1
Before imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must—
a
give the person a notice about the proposed penalty;
b
publish the notice as soon as practicable;
c
send a copy of the notice to the persons listed in sub-paragraph (4);
d
consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2
The notice under sub-paragraph (1) must—
a
state that the CAA proposes to impose a penalty;
b
state the proposed amount of the penalty;
c
give the CAA's reasons for imposing the penalty.
3
In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice under sub-paragraph (1) must specify—
a
the day on which daily amounts would begin to accumulate;
b
the day on which, or the circumstances in which, they would cease to accumulate.
4
The persons are—
a
any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
b
any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
c
the Secretary of State.
5
The period specified in the notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
6
Before varying the proposed amount of a penalty, the CAA must—
a
give the person on whom the penalty is to be imposed a notice about the proposed variation;
b
publish the notice as soon as practicable;
c
send a copy of the notice to the persons listed in sub-paragraph (4);
d
consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
7
In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the reference in sub-paragraph (6) to varying the proposed amount of the penalty includes a reference to—
a
varying the day on which daily amounts would begin to accumulate, and
b
varying the day on which, or circumstances in which, they would cease to accumulate.
8
The notice under sub-paragraph (6) must—
a
specify the proposed variation;
b
give the CAA's reasons for the proposed variation.
9
The period specified in the notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
10
The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the person on whom it is proposed to impose the penalty.
11
As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—
a
publish the notice;
b
send a copy of the notice to the persons listed in sub-paragraph (4).
Sch. 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)