Section 20

For the purpose of determining whether an aviation safety instrument a person holds should be suspended or made subject to conditions under section 17, or revoked or made subject to permanent conditions under section 18, whether a provisional order should be made under section 19 in respect of that person, or whether the person should be disqualified under section 21, the Authority may have regard to, and give such weight as it considers appropriate to, all of the following matters:

To avoid doubt, the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account any other matters and evidence that may be relevant.

The Authority may seek and receive any information that the Authority thinks fit or consider information obtained from any source.

If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority must, subject to subsection (5), as soon as is practicable, but in the case of the suspension of an aviation safety instrument or the imposition of conditions under section 17, no later than 5 working days after suspending the aviation safety instrument or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

Nothing in subsection (4) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person or before exercising any power under section 19.

In this section —

“aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation;

“aviation safety regulatory requirement” does not include any security directive or requirement imposed by or under Part 2B.[4F