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The Air Navigation (Single European Sky) (Penalties) Order 2009

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Compliance monitoring

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8.—(1) For the purpose of monitoring compliance with the measures laid down for the development of a charging scheme in the common charging scheme regulation, authorised persons have the right to undertake inspections and surveys using any of the powers described in article 17 of that regulation.

(2) For the purpose of monitoring compliance with the requirements laid down for the provision of air navigation services in the common requirements regulation, authorised persons have the right to undertake inspections and surveys using any of the powers described in article 6 of that regulation.

(3) In order to facilitate inspections and surveys under paragraphs (1) or (2) by an authorised person, an air navigation service provider must within a reasonable time after being requested to do so by an authorised person—

(a)cause to be produced to that person documents, records, data or other material relevant to the provision of air navigation services or the establishment of air navigation charges, as the case may be;

(b)make available such facilities and equipment that he possesses that may reasonably be required by that authorised person for the purpose of examining or taking copies of or extracts from documents, records, data or other material relevant to the provision of air navigation services or the establishment of air navigation charges, as the case may be; and

(c)provide such oral explanations as may be requested on site by that authorised person.

(4) Insofar as an authorised person may require to visit relevant premises, lands or means of transport of an air navigation service provider for the purpose of exercising the right described in paragraph (1), that right and the related obligations of that air navigation service provider under paragraph (3) do not arise until after at least 24 hours notice of that visit is given by the authorised person to that provider.

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