PART 1Airports

CHAPTER 1Regulation of operators of dominant airports

Enforcement of licence conditions

I138Civil proceedings

1

A person who is given an enforcement order must comply with it (unless it is revoked).

2

The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.

3

A person who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).

4

The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.

5

Where a duty is owed to a person under subsection (2) or (4), the following are actionable by the person—

a

a breach of the duty that causes the person to sustain loss or damage, and

b

an act that—

i

by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and

ii

is done entirely or partly for achieving that result.

6

In proceedings brought against a person (“P”) by virtue of subsection (5)(a), it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.

7

The CAA may enforce the duties under subsections (1) and (3) in—

a

civil proceedings for an injunction,

b

civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

c

civil proceedings for any other appropriate remedy or relief.

8

Enforcement of a duty under subsection (1) or (3) by the CAA does not prejudice any rights that a person may have by virtue of subsection (5).