Regulation 7 Imposition of penalty

(1)

The CAA may impose a penalty on a respondent provided that—

(a)

the CAA has served a penalty proposal notice on that respondent;

(b)

the amount of the penalty is the amount of which the CAA gave notice in the penalty proposal notice (in cases where there was no variation) or (if applicable) the most recent variation notice;

(c)

no representations were served in accordance with regulation 6(1) (in cases where there was no variation) or regulation 6(4) (in cases where a variation notice has been served);

(d)

the CAA has considered any representations that the respondent served on it; and

(e)

the CAA considers that the respondent has failed to comply with an information notice.

(2)

As soon as possible after deciding to impose a penalty under paragraph (1) the CAA must—

(a)

serve a notice on the respondent on which the penalty is imposed (a “penalty notice”); and

(b)

publish the penalty notice in its Official Record.

(3)

A penalty notice must—

(a)

state that the CAA has imposed the penalty;

(b)

state the amount of the penalty;

(c)

specify the act or omission which the CAA has determined constitutes a failure to comply with an information notice; and

(d)

specify that the penalty is to be paid within 30 days beginning with the day after the day on which the penalty notice is served;

(e)

inform the respondent of the right to serve a request that the decision be retaken by CAA members on behalf of the CAA.