PART 10Supplementary

Recovery of fees82

1

In this regulation “allowances” includes aviation allowances.

2

Any fee payable by virtue of these Regulations may be recovered by the regulator—

a

as a civil debt; or

b

by the seizure and sale of a number of allowances held by the operator or UK administered operator liable to the fee (“the debtor”) in accordance with paragraph (3).

3

Where the regulator proposes to recover an unpaid fee by the seizure and sale of allowances held by the debtor, the regulator must—

a

notify the registry administrator and the debtor;

b

instruct the registry administrator to transfer a number of allowances sufficient to cover the unpaid fee, and any expenses incurred in recovering it from the debtor, to the regulator's person holding account in the Union Registry;

c

sell the allowances transferred under sub-paragraph (b) for the best price that can reasonably be obtained, though a failure to do so does not make a sale under this paragraph void or voidable; and

d

apply the proceeds of sale in the following order—

i

in payment of the unpaid fee in respect of which the allowances were seized and sold;

ii

in payment of any expenses incurred by the regulator in seizing and selling the allowances,

and pay any residue from the proceeds of sale to the debtor.