Part I Air traffic
Chapter I Air traffic services
Enforcement
I125 Power to obtain information.
1
This section applies if it appears to the CAA that a licence holder may have contravened or may be contravening or is likely to contravene a section 8 duty or a licence condition.
2
For any purpose connected with such of the CAA’s functions under sections 20 and 21 as are exercisable in relation to the matter it may serve on any person a notice which—
a
requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or
b
requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
3
A requirement may be made under subsection (2)(b) only if the person is carrying on a business.
4
No person may be required under this section—
a
to produce documents which he could not be compelled to produce in civil proceedings in the court;
b
to supply information which he could not be compelled to supply in such proceedings.
5
If a person without reasonable excuse fails to do anything required of him by a notice under subsection (2) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (2) he is guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
7
If a person makes default in complying with a notice under subsection (2) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.
8
An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne—
a
by the person in default, or
b
if officers of a company or other association are responsible for its default, by those officers.
9
A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
10
A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
11
A reference to the court is to—
a
the High Court in relation to England and Wales or Northern Ireland;
b
the Court of Session in relation to Scotland.