PART 1Airports

CHAPTER 1Regulation of operators of dominant airports

Obtaining information

I151Enforcement of information notice

1

If a person fails to comply with a notice under section 50 without reasonable excuse, the CAA may do either or both of the following—

a

impose a penalty on the person;

b

enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.

2

The amount of the penalty must be such amount as the CAA determines to be—

a

appropriate, and

b

proportionate to the failure in respect of which it is imposed.

3

A penalty may consist of either or both of the following—

a

a fixed amount;

b

an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).

4

A fixed amount must not exceed £2,000,000.

5

A daily amount must not exceed £100,000.

6

A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8).

7

The period must begin after the day on which the CAA gives the notice under section 54(1) stating that it has imposed the penalty.

8

The period must end before the day on which the person provides the information or documents specified in the notice under section 50.

9

The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5).