Aviation Regulation Act 2001

PART 4

Enforcement

Annotations:

Editorial Notes:

E23

Previous affecting provision: application of part extended and references construed (31.05.2005) by European Communities (Compensation and Assistance To Air Passengers) (Denied Boarding, Cancellation Or Long Delay of Flights) Regulations 2005 (S.I. No. 274 of 2005), reg. 8; revoked (4.04.2006) by Aviation Act 2006 (7/2006), s. 5(2), commenced on enactment.

Authorised officers.

42

42.—(1) The Commission may appoint persons to be authorised officers for the purposes of this Act.

(2) A person appointed under subsection (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(3) For the purposes of the exercise by the Commission of its functions under this Act, an authorised officer may—

( a) enter at any reasonable time any premises or place owned or occupied by a person to whom this section applies and search and inspect the premises and any books, documents or records found therein,

( b) require any such person to produce to him or her any books, documents or records F29 [ ] which are in the person’s power or control, and in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such books, documents or records,

( c) secure for later inspection any premises or part thereof in which books, documents or records F29 [ ] are kept or there are reasonable grounds for believing that such books, documents or records are kept,

( d) inspect and take extracts from or make copies of any such books, documents or records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

( e) remove and retain such books, documents or records for such period as may be reasonable for further examination,

( f) require the person to maintain such books, documents or records for such period of time, as may be reasonable, as the authorised officer directs,

( g) require the person to give to the officer any information which he or she may reasonably require F29 [ ],

( h) require any person on the premises or place having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation thereto.

(4) This section applies to the following persons:

( a) an airport authority,

( b) a supplier of aviation terminal services,

( c) any person responsible for the carriage of passengers, mail or freight by air to or from an airport,

( d) a supplier of ground handling services,

( e) a tour operator or a travel agent,

( f) an F30 [ trader ].

(5) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 43 for a warrant to authorise such entry.

(6) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under section 43 authorising such entry.

(7) A person to whom this section applies who—

( a) obstructs, impedes or assaults an authorised officer in the exercise of a power under this section,

( b) fails or refuses to comply with a requirement under this section,

( c) alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce,

( d) gives to the Commission or to an authorised officer information which is false or misleading, in a material respect, or

( e) falsely represents himself or herself to be an authorised officer,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

Annotations:

Amendments:

F29

Deleted (1.10.2004) by State Airports Act 2004 (32/2004), s. 24(d), S.I. No. 531 of 2004.

F30

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 24(c).

Modifications (not altering text):

C21

Application of section extended (1.11.2008) by European Communities (Common Rules for the Operation of Air Services in the Community) Regulations 2008 (S.I. No. 426 of 2008), reg. 4, in effect as per reg. 1(2).

...

4. Section 42 of the Act of 2001 applies to community air carriers.

...

C22

Application of section extended (25.07.2008) by European Communities (Rights of Disabled Persons and Persons With Reduced Mobility When Travelling By Air) Regulations 2008 (S.I. No. 299 of 2008), reg. 7.

...

7. Section 42 of the Act applies to air carriers, their agents, tour operators and managing bodies of airports. An authorised person under section 42 of the Act is authorised to ensure compliance with the Regulation and exercise all or any of the powers conferred on an authorised person under section 42 of the Act.

...

Editorial Notes:

E24

Previous affecting provision: application of section extended and references construed (31.05.2005) by European Communities (Compensation and Assistance To Air Passengers) (Denied Boarding, Cancellation Or Long Delay of Flights) Regulations 2005 (S.I. No. 274 of 2005), reg. 8; revoked (4.04.2006) by Aviation Act 2006 (7/2006), s. 5(2), commenced on enactment.