The Aviation Statistics Regulations 2023
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Change 1
8 Review of penalties
(1) Where the decision to impose a penalty under regulation 7(1) has been taken by an employee of the CAA, the respondent may request that the decision is retaken by CAA members. (2) Any request that the decision be retaken must be made by the respondent in writing within 14 days beginning with the day after the date of receipt of the penalty notice. (3) The respondent may make representations in writing to the CAA members about the decision within 21 days beginning with the day after the date of receipt of the penalty notice or such longer period as the CAA members may determine and communicate to the respondent in writing. (4) Where a request under paragraph (2) is served— (a) the penalty notice has no further effect; and (b) a decision as to whether or not to impose a penalty in the circumstances of the case must be retaken by at least two CAA members who were not involved in the original decision taken by the CAA employee. (5) The CAA members must consider any representations made in accordance with paragraph (3) and retake the decision by deciding whether or not to impose the penalty. (6) Where CAA members retake a decision under this regulation, the CAA members must— (a) serve a notice (a “review notice”) setting out the retaken decision and a statement of their reasons on the respondent; and (b) publish the review notice and the statement of reasons in the CAA's Official Record. (7) If the decision is to impose the penalty then the review notice must specify that the penalty is to be paid within 30 days beginning with the day after the day on which the review notice is served.
8 Review of penalties
(1) Where the decision to impose a penalty under regulation 7(1) has been taken by an employee of the CAA, the respondent may request that the decision is retaken by CAA members. (2) Any request that the decision be retaken must be made by the respondent in writing within 14 days beginning with the day after the date of receipt of the penalty notice. (3) The respondent may make representations in writing to the CAA members about the decision within 21 days beginning with the day after the date of receipt of the penalty notice or such longer period as the CAA members may determine and communicate to the respondent in writing. (4) Where a request under paragraph (2) is served— (a) the penalty notice has no further effect; and (b) a decision as to whether or not to impose a penalty in the circumstances of the case must be retaken by at least two CAA members who were not involved in the original decision taken by the CAA employee. (5) The CAA members must consider any representations made in accordance with paragraph (3) and retake the decision by deciding whether or not to impose the penalty. (6) Where CAA members retake a decision under this regulation, the CAA members must— (a) serve a notice (a “review notice”) setting out the retaken decision and a statement of their reasons on the respondent; and (b) publish the review notice and the statement of reasons in the CAA's Official Record. (7) If the decision is to impose the penalty then the review notice must specify that the penalty is to be paid within 30 days beginning with the day after the day on which the review notice is served.
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