Regulation 4 Penalty for failure to comply with a direction under section 12(1)(b) or 14 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 given a direction under section 12(1)(b) (power to impose restrictions in relation to aircraft) or section 14 of the ASA 1982 (general power to direct measures to be taken) that—

(i)

relates to an inbound flight, and

(ii)

requires the person not to cause or permit an aircraft to fly in or into the United Kingdom unless certain things have, or have not, been done.

(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 has failed to comply with the direction.

(3)

But the Secretary of State may not require a person to pay a penalty if—

(a)

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

(b)

proceedings have been instituted against the person under section 12(9) or 14(7)(a) of the ASA 1982 in respect of the same failure.

(4)

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

(5)

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