The Airports Slot Allocation Regulations 2006

Enforcement procedure

17.—(1) A coordinator or schedules facilitator shall give reasons which explain—

(a) why a penalty has been imposed pursuant to regulation 7 or 16;

(b) the amount of a penalty; and

(c) why a direction has been issued pursuant to regulation 15.

(2) Any person upon whom such a penalty may be imposed or to whom such a direction may be issued shall have an opportunity to—

(a) subject to paragraph (3), make representations to the coordinator or schedules facilitator before or after the penalty is imposed or direction is issued;

(b) in the circumstances described in paragraph (4), require a review of the decision of the coordinator or schedules facilitator by an independent reviewer;

(c) subject to paragraph (3), make representations to that independent reviewer for the purpose of that review.

(3) The representations referred to in sub-paragraphs (a) and (c) of paragraph (2) may be written or, if the person upon whom a penalty may be imposed or to whom a direction may be issued so requests, may be made at an oral hearing which, if that person so requests, shall be held in public but from which the press and public may be excluded to the extent that the protection of commercial confidentiality requires.

(4) A review may be required on any of the following grounds—

(a) the decision of the coordinator or schedules facilitator was substantially flawed;

(b) the decision-making process adopted by the coordinator or schedules facilitator was substantially unfair;

(c) new information has become available after the decision that could not reasonably have been made available to the coordinator or schedules facilitator before the decision and which, had it been made available, would have resulted in a substantially different decision; or

(d) the penalty or direction is disproportionate.

(5) Upon completion of a review, an independent reviewer may endorse the decision in question or direct that—

(a) the coordinator or schedules facilitator reconsider the decision;

(b) the amount of any penalty be increased or reduced;

(c) the decision be varied in any other respect; or

(d) the decision be cancelled,

in each case, to such extent or in such manner as the independent reviewer may specify.

(6) A coordinator or schedules facilitator shall reconsider a decision to impose a penalty or (in the case of a coordinator) to issue a direction—

(a) if an opportunity is afforded to make representations after the decision is made; or

(b) to the extent that an independent reviewer directs that the decision should be reconsidered,

and, in either case, may vary or cancel the decision to such extent as the coordinator or schedules facilitator deems appropriate in the circumstances.

(7) Decisions of a coordinator or schedules facilitator shall be published in such manner as the coordinator or schedules facilitator considers appropriate, except to the extent that the protection of commercial confidentiality requires.

(8) A penalty imposed pursuant to regulation 7 or regulation 16 shall be—

(a) recoverable by a coordinator or schedules facilitator as a civil debt; and

(b) upon collection, shall be paid together with any accrued interest into the consolidated fund after deduction of all costs and expenses reasonably and properly incurred by the coordinator or schedules facilitator for the purpose of enforcement.

(9) The costs and expenses to be deducted for the purpose of paragraph (8)(b) shall include the costs of any review (including any legal costs) incurred by the coordinator or schedules facilitator (including the fees and expenses of the independent reviewer) which are not reimbursed by the person who has required the review pursuant to regulation 19(5)(b).

(10) A coordinator shall publish an annual report concerning the implementation of regulations 14 to 16 in such manner and in such form and containing such information (including a summary of any penalties imposed or directions issued) as he considers appropriate or as the Secretary of State may by written notice require from time to time.