Regulation 3 Penalty for failure to comply with section 11 of the ASA 1982

(1)

This regulation applies to a person who—

(a)

is the operator of one or more aircraft registered or operating in the United Kingdom, and

(b)

has been required by a notice under section 11 of the ASA 1982 (power to require information) to provide information relating to an inbound flight.

(2)

The Secretary of State may require the person to pay a penalty if the Secretary of State is satisfied, on a balance of probabilities, that the person—

(a)

has failed to comply with a requirement imposed by the notice, or

(b)

has, in providing any information so required, intentionally or recklessly made a statement that is false in a material particular.

(3)

But—

(a)

the Secretary of State may not require a person to pay a penalty under paragraph (2)(a) if—

(i)

the person shows that there was a reasonable excuse for the failure, or

(ii)

proceedings have been instituted against the person under section 11(5)(a) of the ASA 1982 in respect of the same failure;

(b)

the Secretary of State may not require a person to pay a penalty under paragraph (2)(b) if proceedings have been instituted against the person under section 11(5)(b) of the ASA 1982 or under section 5 of the Perjury Act 1911^f1 (false declarations etc, to obtain registration, etc) in respect of the same false statement.

(4)

A penalty imposed under this regulation may not exceed £50,000.

(5)

The penalty is payable to the Secretary of State on demand.

Annotations

Footnotes

f1: 1911 c.6; see also the Criminal Justice Act 1948 (c.58), section 1(2) which provides for the abolition of hard labour.