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| Effect of orders. |
18. - (1) The licence holder to which a final or provisional order relates has a duty to comply with it.
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(2) The duty is owed to any person who may be affected by a contravention of the order.
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(3) A breach of the duty which causes such a person to sustain loss or damage is actionable by him.
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(4) In proceedings brought against a licence holder under subsection (3) it is a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid contravening the order.
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(5) Compliance with a final or provisional order is also enforceable by civil proceedings brought by the Secretary of State, or brought by the CAA with his consent, for an injunction or for interdict or for any other appropriate relief or remedy.
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(6) Subsection (5) does not prejudice a right a person may have by virtue of subsection (3) to bring civil proceedings for contravention or apprehended contravention of a final or provisional order.
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| Power to obtain information. |
19. - (1) This section applies if it appears to the Secretary of State that a licence holder may have contravened or may be contravening or is likely to contravene a section 8 duty.
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(2) For any purpose connected with such of the Secretary of State's functions under section 15 as are exercisable in relation to the matter he may serve on any person a notice which-
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(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or |
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(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified. |
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(3) A requirement may be made under subsection (2)(b) only if the person is carrying on a business.
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(4) No person may be required under this section-
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(a) to produce documents which he could not be compelled to produce in civil proceedings in the court; |
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(b) to supply information which he could not be compelled to supply in such proceedings. |
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(5) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (2) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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(6) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (2) he is guilty of an offence and liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to a fine. |
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(7) If a person makes default in complying with a notice under subsection (2) the court may on the Secretary of State's application make such order as the court thinks fit for requiring the default to be made good.
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(8) An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne-
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(a) by the person in default, or |
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(b) if officers of a company or other association are responsible for its default, by those officers. |
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(9) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
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(10) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
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(11) A reference to the court is to-
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(a) the High Court in relation to England and Wales or Northern Ireland; |
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(b) the Court of Session in relation to Scotland. |
| Enforcement by CAA. |
20. The Secretary of State may by order provide that, in relation to a specified case or cases of a specified description-
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(a) references in sections 15 to 19 to the Secretary of State are to be read as references to the CAA; |
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(b) the reference in section 15(10) to section 1 is to be read as a reference to section 2; |
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(c) in section 18(5) the words "the Secretary of State, or brought by the CAA with his consent," are to be read as "the CAA". |
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Enforcement: licence conditions |
| Orders for securing compliance. |
21. - (1) If the CAA is satisfied that a licence holder is contravening or is likely to contravene a licence condition it must make a final order containing provision needed to secure compliance with the condition.
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(2) If the CAA is not so satisfied but it appears to it that a licence holder is contravening or is likely to contravene a licence condition and that a provisional order is needed, it must make a provisional order containing provision it thinks is needed to secure compliance with the condition.
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(3) In deciding whether a provisional order is needed the CAA must have regard in particular to-
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(a) the extent to which any person is likely to sustain loss or damage as a result of anything likely to be done or omitted in contravention of the licence condition unless a provisional order is made, and |
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(b) the fact that the only remedy for a contravention of a licence condition is under this section and section 24 (unless there is negligence). |
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(4) A final or provisional order must require the licence holder to do or not to do specified things or things of a specified description.
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(5) A final or provisional order-
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(a) takes effect at a time determined by or under the order; |
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(b) must secure that that time is the earliest practicable time; |
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(c) may be revoked at any time by the CAA. |
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(6) A final order continues to have effect until such time (if any) as the CAA revokes it.
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(7) A provisional order ceases to have effect at the termination time, and that is the earlier of-
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(a) the end of the period (not exceeding three months) which is determined by or under the order and which starts when it takes effect; |
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(b) such time (if any) as the CAA revokes it. |
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(8) But if the CAA confirms a provisional order under subsection (9) before the termination time it continues to have effect until such time (if any) as the CAA revokes it.
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(9) The CAA must confirm a provisional order (with or without modifications) if-
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(a) it is satisfied that the licence holder is contravening or is likely to contravene a licence condition, and |
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(b) it thinks its confirmation (with any modifications) is needed to secure compliance with the condition. |
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(10) The CAA must not make a final order or make or confirm a provisional order if it is satisfied that-
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(a) the duty imposed on it by section 2 precludes it from doing so, |
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(b) the licence holder has agreed to take and is taking all the steps the CAA thinks appropriate to secure or facilitate compliance with the condition concerned, |
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(c) the contraventions or apprehended contraventions are trivial, or |
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(d) the most appropriate way of proceeding is under the Competition Act 1998; |
and the above provisions have effect subject to this subsection.
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(11) In relation to a licence holder a licence condition is a condition of the licence concerned.
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(12) In sections 22 to 25 any reference to a licence condition or to a final or provisional order must be construed in accordance with this section.
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| Procedural requirements. |
22. - (1) Before making a final order or confirming a provisional order the CAA must-
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(a) publish a notice in such manner as it thinks appropriate for bringing the matters to which the notice relates to the attention of persons likely to be affected by them, |
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(b) serve on the licence holder a copy of the notice and a copy of the order proposed (or proposed to be confirmed), and |
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(c) consider any representations made in accordance with the notice (and not withdrawn). |
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(2) The notice must-
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(a) state that the CAA proposes to make or confirm the order and state its effect, |
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(b) state the licence condition with which the order is intended to secure compliance, the acts or omissions which the CAA thinks constitute (or would constitute) contraventions of the condition, and any other facts which it thinks justify the making or confirmation of the order, and |
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(c) state the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made regarding the proposed order or confirmation. |
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(3) The CAA must not make a final order with modifications, or confirm a provisional order with modifications, unless-
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(a) the licence holder consents to the modifications, or |
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(b) subsection (4) is complied with. |
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(4) This subsection is complied with if the CAA-
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(a) serves on the licence holder a notice of the proposal to make or confirm the order with modifications, |
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(b) states in the notice the period (not less than seven days starting with the date of the service of the notice) within which representations may be made regarding the proposed modifications, and |
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(c) considers any representations made in accordance with the notice (and not withdrawn). |
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(5) As soon as practicable after making a final order or making or confirming a provisional order the CAA must-
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(a) serve a copy of the order on the licence holder, and |
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(b) publish the order in such manner as the CAA thinks appropriate for bringing it to the attention of persons likely to be affected by it. |
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(6) Before revoking a final order or a provisional order which has been confirmed the CAA must-
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(a) publish a notice in such manner as it thinks appropriate for bringing the revocation to the attention of persons likely to be affected by it, |
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(b) serve a copy of the notice on the licence holder, and |
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(c) consider any representations made in accordance with the notice (and not withdrawn). |
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(7) The notice must-
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(a) state that the CAA proposes to revoke the order and state its effect, and |
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(b) state the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made regarding the proposed revocation. |
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(8) If after acting under subsection (6) the CAA decides not to revoke the order it must-
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(a) publish a notice of its decision in such manner as it thinks appropriate for bringing the decision to the attention of persons likely to be affected by it, and |
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(b) serve a copy of the notice on the licence holder. |
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(9) If the CAA is satisfied as mentioned in section 21(10) it must-
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(a) serve notice that it is so satisfied on the licence holder, and |
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(b) publish the notice in such manner as it thinks appropriate for bringing the matters to which the notice relates to the attention of persons likely to be affected by them. |
| Validity of orders. |
23. - (1) This section applies if a licence holder to which a final or provisional order relates is aggrieved by the order and wants to question its validity on the ground that-
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(a) its making or confirmation was not within the powers conferred by section 21, or |
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(b) any of the requirements of section 22(1) to (5) have not been complied with. |
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(2) The licence holder may apply to the court.
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(3) If a copy of the order as made or confirmed was served on the licence holder the application to the court must be made within the period of 42 days starting with the day the copy was served on it.
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(4) On an application under this section the court may quash the order or any provision of it if satisfied that-
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(a) the making or confirmation of the order was not within the powers conferred by section 21, or |
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(b) the interests of the licence holder have been substantially prejudiced by a failure to comply with the requirements of section 22(1) to (5). |
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(5) Except as provided by this section, the validity of a final or provisional order may not be questioned in any legal proceedings.
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(6) A reference to the court is to-
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(a) the High Court in relation to England and Wales or Northern Ireland; |
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(b) the Court of Session in relation to Scotland. |
