Civil Aviation Act 2012
What this means for your business
- Enforced by
- DVSA, CAA, MCA, National Highways, ORR
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations, 2 practical guides
What you must do
10 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 1
Comply with CAA enforcement orders
If the Civil Aviation Authority serves your business with an enforcement order – including urgent orders – you must follow the order’s requirements unless it is later revoked. Failing to comply can lead to civil action, so you need to show you took all reasonable steps and exercised due diligence to avoid breaching the order.
Notifications 2
Appeal revocation of aviation licence within 30 days
If the CAA revokes your aviation licence, you can challenge it by appealing to the Competition Appeal Tribunal. You must send a notice of appeal to the Tribunal’s Registrar within 30 days of the revocation (or further) notice to suspend the revocation while the appeal is considered.
File a notice of appeal to the Competition Appeal Tribunal
If the CAA issues a market‑power or operator determination that affects your airport area or your business interests, you can challenge it. You must send a notice of appeal to the Tribunal’s Registrar within the time limit (normally 60 days from when the decision and its reasons are published) if you want the appeal to be heard.
Other requirements 2
Comply with CMA directions on aviation licences
If the Competition and Markets Authority (CMA) issues a direction to you – for example after an appeal about an aviation licence – you must obey it. The direction is enforceable like a High Court or Court of Session order, so failure to follow it can lead to court action.
Publish required documents in an appropriate way
If a provision of the Civil Aviation Act tells you that you must publish a document, you must choose a form and method that will reach the people who are likely to be affected. You can also keep copies of any document that is handed to you under the Act.
Payments and fees 3
Do not charge airport operation fees without a licence
If your business runs a dominant part of an airport and you have not been granted a licence for that area, you must not ask anyone to pay any “relevant charge” for airport operation services in that area (or any other part of the same airport you also operate). Breaking this rule means the charge is void and you may have to repay any money taken.
Pay civil aviation penalties and any interest on time
If the Civil Aviation Authority (CAA) issues you a penalty and you do not pay the full amount by the deadline set in the notice, interest will start to accrue. The CAA can then recover the unpaid amount plus interest as a debt, and the money must be paid into the Consolidated Fund.
Pay civil aviation penalties and interest on time
If your business is issued a civil aviation penalty under the Act, you must pay the full amount by the deadline shown on the notice. If you miss the deadline, interest will accrue and the CAA can recover the debt, including interest. Failure to pay can lead to further prosecution and possibly imprisonment.
Offences and prohibitions 1
Disclose restricted information without consent
2 years imprisonmentIf you share information that you obtained under the Civil Aviation Act about an individual or a business while they are still alive or operating, and you do not have the person's or business's consent or a statutory exemption, you are committing a criminal offence. Conviction can lead to an unlimited fine and/or up to two years’ imprisonment.
Registration and licensing 1
Apply for and publish licence for airport area operation
If your business operates an airport area that becomes a dominant area at a dominant airport, you must submit a licence application to the CAA using their prescribed form, include all the information the CAA specifies, and publish the application in the manner and within the timescale the CAA tells you. The CAA will then decide whether to grant or refuse the licence.
Penalties for non-compliance
1 penalty under this legislation. 1 can result in imprisonment. 1 carry an unlimited fine.
Disclose restricted information without consent
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Running a package travel business
How to comply with ATOL licensing and Package Travel Regulations 2018 when selling package holidays. Covers ATOL application, bonding requirements, …
Aviation cargo security compliance
How to become a Known Consignor or Regulated Agent for air cargo. Covers CAA certification, security vetting requirements, cargo screening, …
Sections and provisions
127 classified provisions from this legislation.
Duties 28
- s.2 Secretary of State's general duty
- s.3 Prohibition
- s.8 Publication of market power determinations
- s.11 Publication of operator determinations
- s.14 Application for licence
- s.27 Determination of appeal
- s.29 Determination of appeal: publication etc
- s.36 Urgent enforcement order: confirmation
- s.38 Civil proceedings
- s.41 Procedure before imposing penalty time by giving notice
- s.42 Procedure after imposing penalty
- s.53 Procedure before imposing penalty time by giving notice
- s.54 Procedure after imposing penalty
- s.57 Recovering penalties
- s.58 Statement of policy on penalties
- s.64 Review etc of airport operation services
- s.74 Publication and production of documents
- s.83 Information for benefit of users of air transport services
- s.84 Environmental information
- s.88 Procedure before imposing penalty time by giving notice
- ... and 8 more duties
Powers 36
- s.9 Operators of areas
- s.12 Advance determinations
- s.20 Conditions relating to CAA charges
- s.22 Modifying licence conditions and licence area
- s.24 Appeal to Competition and Markets Authority : conditions of new licences
- s.25 Appeal to Competition and Markets Authority : modification of licence conditions
- s.28 Determination of appeal: time limits
- s.33 Enforcement order
- s.34 Enforcement order: modification and revocation
- s.35 Urgent enforcement order
- s.37 Urgent enforcement order: modification and revocation
- s.39 Penalty for contravention of licence condition
- s.40 Penalty for contravention of order
- s.44 Amount of penalty: fixed amount
- s.46 Use of powers under Competition Act 1998
- s.48 Revocation of licence
- s.50 Power to obtain information
- s.51 Enforcement of information notice
- s.52 Penalty for providing false information, destroying documents etc
- s.62 Functions under Competition Act 1998
- ... and 16 more powers
Definitions 14
- s.5 Dominant areas and dominant airports airport area
- s.6 Market power test the relevant operator competition law
- s.16 Refusing to grant licence
- s.17 Content and effect of licence
- s.18 Licence conditions
- s.19 Price control conditions
- s.31 Contravention notice
- s.45 Amount of penalty: daily amounts
- s.60 Functions under Part 4 of Enterprise Act 2002
- s.69 Air transport services air transport service
- s.72 Minor definitions and index airport operator the CAA document
- s.77 Crown application exempt Crown functions
- s.93 Minor definitions the CAA
- Schedule 7 Index of defined expressions
Exemptions 13
- s.1 CAA 's general duty
- s.4 Prohibition: exemption
- s.7 Market power determinations
- s.10 Operator determinations
- s.21 Content and effect of licence conditions
- s.23 Restriction on power to modify
- s.32 Restrictions on giving contravention notices
- s.56 Imposing penalties
- s.59 Disclosing information
- s.61 Enterprise Act 2002: supplementary
- s.63 Competition Act 1998: supplementary
- s.75 Sending documents
- Schedule 2 Appeals under sections 24 and 25