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.