# The Air Navigation (Single European Sky) (Penalties) Order 2009, Article 11: Penalties

Extent: E+W+S+N.I.

(1) Any person who—
(a) fails to comply with any obligation imposed upon him under a designation made under article 8 of the service provision regulation;
(b) fails to formalise, notify or secure the required approval of any working relationship under article 10 of the service provision regulation;
(c) contravenes article 6.1 or 6.2 of the common requirements regulation;
(d) fails to take the corrective action imposed upon him by the CAA under article 6.3 of the common requirements regulation
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
(2) Any person who fails to comply with any obligation imposed upon him by—
(a) articles 3, 4(b), 6 or 9, or
(b) article 8(3) ...,
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
(3) Any person who fails to comply with any obligation imposed upon him by—
(a) article 5, or
(b) a designation made under article 9 of the service provision regulation,
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
(4) Any person who fails to comply with any obligation imposed upon him—
(a) by articles 7 ... or 10,
(aa) by articles 6, 7, 8, 9.2, 10.2, 11.2 or 11.5 of the air traffic flow management regulation,
(b) to provide a declaration of conformity or suitability for use as required by article 5.2 of the interoperability regulation,
(c) to provide a declaration of verification as required by article 6.2 of the interoperability regulation,
(d) to submit to the CAA the declaration referred to in sub-paragraph (c) together with the technical file as required by the said article 6.2, ...
(e) to provide the CAA, within a reasonable time after being requested so to do, with such additional information as the CAA may require under the said article 6.2, or
(f) by an implementing rule listed in the Schedule to this Order,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4A) Any local air traffic flow management unit who, when requested by an airport slot coordinator or a managing body of a coordinated airport, fails to provide to the person making the request the accepted fight plan of a flight operating at that airport, before that flight takes place, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2009/1735/article/11 (the official version)
Page: https://openlegislation.uk/air-navigation-single-european-sky-penalties-order-2009/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

