The Airport Charges Regulations 2011

PART 5 Penalties for failure by airport users to provide information

Penalties: failure of airport users to provide information

16.—(1) The CAA may impose a penalty on a person if it has determined that the person, being an airport user, is in breach of the obligation placed on it by virtue of regulation 7(4).

(2) Before imposing a penalty on a person under paragraph (1) the CAA must—

(a) give the person a notice about the proposed penalty,

(b) publish the notice as soon as practicable, and

(c) (unless the notice is withdrawn) consider any representations made about the proposed penalty in a period of 21 days beginning on the day on which notice is given to the person.

(3) A notice under subsection (1) must —

(a) state that the CAA proposes to impose a penalty,

(b) state the proposed amount of the penalty, and

(c) specify the act or omission which the CAA has determined constitutes a breach of the obligation arising by virtue of regulation 7(4).

(4) Before varying the proposed amount of penalty, the CAA must—

(a) give the person on whom the penalty is imposed a notice about the proposed variation,

(b) publish the notice as soon as practicable, and

(c) (unless the notice is withdrawn) consider any representations made about the proposed penalty in a period of 21 days beginning on the day on which notice is given to the person.

(5) As soon as possible after imposing a penalty under paragraph (1) the CAA must—

(a) give a notice to the person on whom the penalty is imposed, and

(b) publish the notice.

(6) The notice under paragraph (5) must—

(a) state that the CAA has imposed the penalty,

(b) state the amount of the penalty,

(c) specify the act or omission which the CAA has determined constitutes a breach of the obligation arising by virtue of regulation 7(4), and

(d) specify that the penalty is to be paid within 30 days.

Review of penalties placed on airport users

17.  Schedule 1 (review of penalties placed on airport users) has effect in respect of the imposition of a penalty by the CAA under regulation 16.

Further provision about penalties

18.—(1) The amount of penalty imposed on a person under regulation 16 or Schedule 1 must be such amount as the CAA determines to be—

(a) appropriate, and

(b) proportionate to the breach for which it is imposed.

(2) The maximum amount of penalty that may be imposed on a person under regulation 16 or Schedule 1 in respect of any breach is £5,000.

(3) Paragraphs (4) and (5) apply if all or part of a penalty imposed on a person is not paid within the period specified in the notice given under regulation 16(5) or paragraph 5(1) of Schedule 1.

(4) The CAA may recover the unpaid balance of a penalty as a debt due to it from the relevant person.

(5) Any sums received by the CAA by way of a penalty under these Regulations must be paid into the Consolidated Fund.