Transport Act 2000

71Information for purposes of Chapter III

(1)The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—

(a)requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or

(b)requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2)A requirement may be made under subsection (1)(b) only if the person is carrying on a business.

(3)No person may be required under this section—

(a)to produce documents which he could not be compelled to produce in civil proceedings in the court;

(b)to supply information which he could not be compelled to supply in such proceedings.

(4)If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.

(7)An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—

(a)by the person in default, or

(b)if officers of a company or other association are responsible for its default, by those officers.

(8)A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.

(9)A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(10)A reference to the court is to—

(a)the High Court in relation to England and Wales or Northern Ireland;

(b)the Court of Session in relation to Scotland.