Page:Air Navigation (Aviation Security) Order 2006.pdf/16

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S 590/2006
16


appointed to hear the objector under sub-paragraph (4), serve on the objector a notice in writing—

(a) confirming the enforcement notice as originally given;
(b) confirming the enforcement notice subject to one or more modifications specified in the notice under this sub-paragraph; or
(c) withdrawing the enforcement notice.

(7) The enforcement notice shall not take effect until it has been confirmed (with or without modifications) by a notice served under sub-paragraph (6).

Supplementary provisions relating to enforcement notice

15.—(1) An enforcement notice served on any person—

(a) may be revoked by a notice served on him by the Commissioner; and
(b) may be varied by a further enforcement notice.

(2) Where the Commissioner has served an enforcement notice specifying the general requirements of a security directive with which the person to whom it is issued has, in the opinion of the Commissioner, failed to comply, the person on whom the enforcement notice is served shall not be taken, for the purposes of paragraph 7 (6) or 8 (4), to have failed to comply with the security directive by reason of the matters specified in the enforcement notice.

(3) Sub-paragraph (2) shall not apply in relation to any proceedings commenced before the service of the enforcement notice.

(4) Where an enforcement notice has been served in relation to a security directive, the fact that the enforcement notice specifies certain general requirements of the security directive as those with which the person on whom the enforcement notice is served has, in the opinion of the Commissioner, failed to comply shall not in any proceedings be evidence that any other requirement of the security directive has been complied with.

Service of security directives, etc.

16. Any security directive, enforcement notice or other notice or document required or authorised by any provision of this Order to be issued to, served on or given to any person may be issued, served or given—