Legislation – Air Traffic Management and Unmanned Aircraft Act 2021

20Enforcement

Schedule B1 makes provision for—

a

the enforcement of the duties imposed by section 8 and licence conditions, and

b

connected appeals.

25Power to obtain information

Schedule C1 makes provision—

a

to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1,

b

for enforcement in connection with the exercise of those powers, and

c

for connected appeals.

Penalties

25AImposing penalties

1

The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.

2

Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

25BRecovering penalties

1

This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.

2

The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

3

The CAA may recover from any person as a debt due to the CAA—

a

the unpaid balance, and

b

any interest on the penalty that has not been paid.

4

Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

25CStatement of policy on penalties

1

The CAA must prepare and publish a statement of its policy with respect to—

a

imposing penalties under this Chapter, and

b

determining their amount.

2

The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

3

When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

4

When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

1

A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition.

2

Where a representation is made to the CAA, the CAA may—

a

consider the representation;

b

investigate the alleged or apprehended contravention.