Enforcement codeU.K.
18.—(1) A coordinator or schedules facilitator shall adopt and publish an enforcement code which makes provision for the manner in which that coordinator or schedules facilitator will—
(a)impose penalties pursuant to regulation 7 or, in the case of a coordinator, regulation 16; or
(b)in the case of a coordinator, issue directions pursuant to regulation 15.
(2) An enforcement code—
(a)shall comply with regulation 17;
(b)shall make provision as to—
(i)the circumstances in which the coordinator or schedules facilitator intends to impose penalties or (in the case of a coordinator) issue directions;
(ii)the procedures which the coordinator or schedules facilitator intends to adopt for the purpose of imposing any penalty or (in the case of a coordinator) issuing any direction;
(iii)the extent to which the amount of any penalty may vary depending upon the nature of the breach of duty in question; and
(iv)any other factors that the coordinator or schedules facilitator intends to take into account in determining the amount of any penalty;
(c)may contain such incidental or supplementary provisions as the coordinator or schedules facilitator considers appropriate; and
(d)subject to paragraph (3), may be amended or revoked by the coordinator or schedules facilitator.
(3) Before adopting, amending or revoking an enforcement code, a coordinator or schedules facilitator shall consult the Secretary of State and, unless otherwise agreed in writing by the Secretary of State—
(a)the managing body of an airport to which the code relates;
(b)the members of the coordination committee for that airport; and
(c)each air traffic services provider.
(4) The Secretary of State may at any time by written notice served on a coordinator or schedules facilitator require that the enforcement code that has been adopted and published by that coordinator or schedules facilitator be modified in such manner as may be specified in the notice, provided that the Secretary of State has first consulted—
(a)the coordinator or schedules facilitator; and
(b)the persons specified in sub-paragraphs (a) to (c) of paragraph (3).
(5) Each of the persons specified in paragraph (6) shall comply with the enforcement code adopted by a coordinator or schedules facilitator, subject to the exception that applies to regulation 15(4) in respect of each of sub-paragraphs (a) to (c) of that regulation.
(6) The persons referred to in paragraph (5) are—
(a)the coordinator or schedules facilitator;
(b)each independent reviewer appointed by that coordinator or schedules facilitator;
(c)the managing body of an airport to which the code relates;
(d)air carriers operating at that airport; and
(e)any air traffic services provider.
(7) Following the adoption, amendment, revocation or modification of any provision of an enforcement code (“a relevant event”)—
(a)the coordinator or schedules facilitator shall give written notice of the relevant event and, in the case of adoption, a copy of the provision or, in the case of amendment or modification, details of the change, to each of—
(i)the CAA;
(ii)the persons specified in sub-paragraphs (b) to (e) of paragraph (6); and
(b)the CAA shall publish in its publication entitled “United Kingdom Air Pilot” any notice received by it from the coordinator or schedules facilitator in accordance with sub-paragraph (a).
(8) The modification, amendment or revocation of any provision of any enforcement code shall not affect the validity of anything previously done under that provision.