Civil Aviation Act 2012
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Change 1
43 Amount of penalty
(1) The amount of a penalty imposed on a person under section 39 or 40 must be such amount as the CAA determines to be— (a) appropriate, and (b) proportionate to the contravention for which it is imposed. (2) The penalty may consist of either or both of the following— (a) a fixed amount (see section 44); (b) a daily amount (see section 45). (3) In determining the amount of a penalty, the CAA must have regard, in particular, to— (a) any representations made to it in a period specified in a notice proposing the penalty given under section 41(1) or (5) (and not withdrawn), (b) any steps taken by the person on whom the penalty is to be imposed towards complying with the licence condition or requirement specified in the notice under section 41(1), and (c) any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.
43 Amount of penalty
(1) The amount of a penalty imposed on a person under section 39 or 40 must be such amount as the CAA determines to be— (a) appropriate, and (b) proportionate to the contravention for which it is imposed. (2) The penalty may consist of either or both of the following— (a) a fixed amount (see section 44); (b) a daily amount (see section 45). (3) In determining the amount of a penalty, the CAA must have regard, in particular, to— (a) any representations made to it in a period specified in a notice proposing the penalty given under section 41(1) or (5) (and not withdrawn), (b) any steps taken by the person on whom the penalty is to be imposed towards complying with the licence condition or requirement specified in the notice under section 41(1), and (c) any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.
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