PART 2Other aviation matters
Provision of information about aviation
86Enforcement of information notice
1
If a person fails to comply with a notice under section 85 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 £50,000.
5
A daily amount must not exceed £5,000.
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 89 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 85.
9
The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5).
10
The regulations must be made by statutory instrument.
11
A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.