Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued
Miscellaneous - continued

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Offences.     75. - (1) A person commits an offence if without reasonable excuse he fails to comply with a requirement of regulations made under section 74.
 
      (2) A person commits an offence if he is in possession of information provided to him or obtained by him under regulations made under section 74 and he discloses the information otherwise than-
 
 
    (a) with the consent of the person by whom it was provided or from whom it was obtained,
 
    (b) for the purposes of the regulations,
 
    (c) for the purposes of any proceedings arising out of this Chapter,
 
    (d) for the purposes of any criminal proceedings (however arising),
 
    (e) for the purposes of any proceedings brought by virtue of paragraph 3 of Schedule 4 to the Civil Aviation Act 1982 (claims against Eurocontrol);
 
    (f) for the purposes of a public inquiry or investigation held or carried out under regulations made under section 75 of the Civil Aviation Act 1982, or
 
    (g) for the purposes of a report of any proceedings, inquiry or investigation mentioned above.
      (3) A person commits an offence if in providing particulars under a provision contained in regulations by virtue of section 74(2)(d)-
 
 
    (a) he provides particulars which he knows are false in a material particular, or
 
    (b) he recklessly provides particulars which are false in a material particular.
      (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (5) A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
 
      (6) A person who commits an offence under subsection (3) is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both;
 
    (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.
Detention and sale.     76. - (1) The Secretary of State may make regulations containing-
 
 
    (a) provision which, in the case of default by an operator in paying a charge payable by virtue of section 69, authorises the detention (pending payment) of any aircraft falling within subsection (2);
 
    (b) provision which, in the case of default by an operator in complying with a requirement imposed by regulations made under section 74 to produce records for inspection or provide particulars of records, authorises the detention (pending compliance) of any aircraft of which he is the operator when detention begins;
 
    (c) provision which authorises the sale of any detained aircraft if the default is not remedied within a specified period.
      (2) These aircraft fall within this subsection-
 
 
    (a) the aircraft in respect of which the charge was incurred (whether or not the person who is the operator of the aircraft when detention begins is the defaulter);
 
    (b) any aircraft of which the defaulter is the operator when detention begins.
      (3) Regulations under subsection (1) may-
 
 
    (a) provide that detention (or continued detention) is authorised only in specified circumstances or at specified places;
 
    (b) provide that in specified circumstances detention is authorised only if a specified person consents;
 
    (c) provide that sale is authorised only in specified circumstances (which may relate to the court's consent, to be given only in specified circumstances);
 
    (d) specify the descriptions of person authorised to detain or sell aircraft;
 
    (e) provide for the power of detention or sale to extend to other matters (such as the aircraft's equipment);
 
    (f) provide for the application of the proceeds of sale;
 
    (g) provide for them to be applied in a specified order;
 
    (h) make provision corresponding to any provision made by or under section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges);
 
    (i) generally make such provision as the Secretary of State thinks is necessary or expedient to secure detention or sale.
 
Interpretation
Interpretation.     77. - (1) This section applies for the purposes of this Chapter.
 
      (2) Eurocontrol has the meaning given by section 24 of the Civil Aviation Act 1982.
 
      (3) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
 
 
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