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Article 5 Powers of the competent authority referred to in Article 4

United Kingdom

Original text. Later amendments are not shown.

1.

The competent F1authority shall, where required for the exercise of F2its certification, oversight and enforcement tasks under this Regulation, be empowered to:

(a)

require the service providers subject to its oversight to provide all necessary information;

(b)

require any representative, manager or other member of the personnel of those service providers to provide oral explanations on any fact, document, object, procedure or other subject matter relevant to the oversight of the service provider;

(c)

enter any premises and land, including operating sites, and means of transport of those service providers;

(d)

examine, copy or make extracts from any document, record or data held by or accessible to those service providers, irrespective of the medium on which the information in question is stored;

(e)

carry out audits, assessments, investigations and inspections of those service providers.

2.

The competent F3authority shall, where required for the exercise of F4its certification, oversight and enforcement tasks under this Regulation, also be empowered to exercise the powers set out in paragraph 1 in relation to the contracted organisations subject to the service providers' oversight, as referred to in point ATM/ANS.OR.B.015 of Annex III.

3.

The powers provided for in paragraphs 1 and 2 shall be exercised in compliance with the F5applicable law, with due regard for the need to ensure the effective exercise of those powers and for the rights and legitimate interests of the service provider and any third persons concerned, and in compliance with the principle of proportionality. Where, in accordance with the applicable F6... law, prior F7judicial authorisation F8... is needed to enter premises, land and means of transport as referred to in point (c) of paragraph 1, the related powers shall be exercised only after having obtained such prior authorisation.

When exercising the powers provided for in paragraphs 1 and 2, the competent authority shall ensure that the members of its staff and, where relevant, any other expert participating in the activities in question are duly authorised.

4.

The competent F9authority shall take or initiate any appropriate enforcement measure necessary to ensure that the service providers to which F10it issued a certificate or, where relevant, which made a declaration to F11it, comply and continue to comply with the requirements of this Regulation.

Annotations

Textual amendments

F1

Word in Art. 5(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Art. 5(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Art. 5(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Art. 5(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 5(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 5(3) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7

Word in Art. 5(3) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 5(3) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9

Word in Art. 5(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10

Word in Art. 5(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11

Word in Art. 5(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 357(5)(c); 2020 c. 1, Sch. 5 para. 1(1)