Page:Air Navigation (Aviation Security) Order 2006.pdf/13

Rh in the security directive are excessively onerous or inconvenient and should be modified in a manner specified in the notice.

(3) Where a person serves a notice in writing under sub-paragraph (2), the Commissioner shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before, and being heard by, a person (not being a police officer) appointed by the Commissioner for the purpose.

(4) Where the objector appears before and is heard by a person appointed by the Commissioner under sub-paragraph (3), the person so appointed shall submit to the Commissioner his opinion in writing to enable the Commissioner to come to a decision on the objections.

(5) The Commissioner shall, after considering the grounds of objection and, if applicable, the written opinion of the person appointed to hear the objector under sub-paragraph (3), serve on the objector a notice in writing—
 * (a) confirming the security directive as originally given;
 * (b) confirming the security directive subject to one or more modifications specified in the notice under this sub-paragraph; or
 * (c) withdrawing the security directive.

(6) Where a notice in writing has been served under sub-paragraph (2), the security directive shall not take effect until it has been confirmed (with or without modifications) by a notice served under sub-paragraph (5).

Enforcement notice

11.—(1) Where the Commissioner is of the opinion that any person has failed to comply with any general requirement of a security directive issued to him, the Commissioner may serve on that person an enforcement notice in writing—
 * (a) specifying the general requirement of the security directive with which he has, in the opinion of the Commissioner, failed to comply; and
 * (b) specifying, subject to paragraph 12, the measures that ought to be taken in order to comply with that requirement.

(2) For the purposes of this paragraph, a requirement of a security directive is a general requirement if the provision imposing the requirement—