§ '—(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.
758§ (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.'.—[Mr. Robert Ainsworth.]
§ Brought up, read the First and Second time, and added to the Bill.