Page:Air Navigation (Aviation Security) Order 2006.pdf/15

Rh Objection to enforcement notice

14.—(1) The person on whom an enforcement notice is served may serve on the Commissioner a notice in writing of his objection to the enforcement notice, specifying any of the grounds of objection referred to in sub-paragraph (3).

(2) Any notice of objection under sub-paragraph (1) must be served before the end of the period so specified in the enforcement notice under paragraph 12 (3).

(3) The grounds of objection to an enforcement notice are—
 * (a) that the general requirements of the security directive which are specified in the enforcement notice for the purposes of paragraph 11 (1) have been complied with;
 * (b) that the enforcement notice purports to impose a requirement which is not imposed by the security directive to which the enforcement notice relates, or could not have been imposed by a security directive issued under the provision under which that security directive was issued; or
 * (c) that any requirement of the enforcement notice—
 * (i) is unnecessary for complying with the general requirements referred to in sub-paragraph (a) and should be dispensed with; or
 * (ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under sub-paragraph (1).

(4) Where a person serves a notice under sub-paragraph (1), 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.

(5) Where the objector appears before and is heard by a person appointed by the Commissioner under sub-paragraph (4), 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.

(6) The Commissioner shall, after considering the grounds of objection and, if applicable, the written opinion of the person