Part I Air traffic
Chapter III Air navigation
I171 Information for purposes of Chapter III.
1
The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services 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.
2
A requirement may be made under subsection (1)(b) only if the person is carrying on a business.
3
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.
4
If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) 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.
6
If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.
7
An order under subsection (6) 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.
8
A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
9
A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
10
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.