Civil Aviation Act 2012

31 Contravention notice U.K.

(1) The CAA may give a notice under this section (a “contravention notice”) to a person if it has reasonable grounds for believing that the person is contravening, or has contravened, a licence condition.

(2) A contravention notice must—

(a) specify the condition and contravention in respect of which it is given,

(b) explain the action that the CAA may take under this Chapter in connection with the contravention, and

(c) explain that representations may be made about the matters in the notice before the end of the period specified in the notice.

(3) The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to subsection (4).

(4) The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.

(5) A contravention notice is given to a person in respect of a repeated contravention if, in the period of 2 years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the person of the same condition—

(a) gave the person a contravention notice;

(b) gave the person an enforcement order;

(c) gave the person an urgent enforcement order;

(d) imposed a penalty on the person under section 39 or 40.

(6) The CAA may extend the period specified in a contravention notice given to a person on one or more occasions by giving a notice to that person.

(7) The CAA may withdraw a contravention notice given to a person at any time by giving a notice to the person that includes its reasons for doing so.

(8) As soon as practicable after giving a notice under subsection (1), (6) or (7), the CAA must—

(a) publish the notice, and

(b) send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.

(9) A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.

(10) In this Part “representation period”, in connection with a contravention notice, means—

(a) the period specified in the contravention notice for making representations, or

(b) where the period has been extended in accordance with subsection (6), the extended period.

Commencement Information

I1 S. 31 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)