Section 18A Enforcement notices.F1C1C2
Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 12, 13, 13A or 14 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an enforcement notice)—
specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and
specifying, subject to section 18B of this Act, the measures that ought to be taken in order to comply with those requirements.
For the purposes of this section a requirement of a direction given by the Secretary of State under section 12, 13, 13A or 14 of this Act is a general requirement if the provision imposing the requirement—
has been included in two or more directions given to different persons (whether or not at the same time), and
is framed in general terms applicable to all the persons to whom those directions are given.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice.
Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice.
Annotations
Textual amendments
- F1
Ss. 18A–18E inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 4
- F2
S. 18A(3) omitted (1.4.2014) by virtue of Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 13(2) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
- F3
S. 18A(4)(5) inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 13(3) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
Modifications
- C1
S. 18A extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt.I
S. 18A extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II
- C2
S. 18A : Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(1)
Notes on the whole Act
Textual amendments
- F1
Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6
Notes on Part II
Modifications
- C1
Pt. 2 power to apply (with modifications) conferred (in part) (26.11.2018) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 5 para. 2(2)(a) (with Sch. 5 para. 4(1)); S.I. 2018/1224, reg. 2(ddd)
- C2
Pt. 2 applied (with modifications) (1.9.1993) by S.I. 1993/1073, reg. 11 (as amended (21.7.2023) by The Aviation Security (Air Cargo Agents) (Amendment) Regulations 2023 (S.I. 2023/727), regs. 1(2), 2)
- C3
Pt. 2 applied (with modifications) (6.12.2000) by S.I. 2000/3059, art. 3(1), Schs. 2, 3 (as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4)
- C4
Pt. 2 applied in part (with modifications) (21.3.2024) by The Aviation Security (Air Cargo Agents) Regulations 2024 (S.I. 2024/228), regs. 1(2), 10 (with reg. 12)