The Aviation Security (Air Cargo Agents) Regulations 2024
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Change 1
9 Removal of a security approved air cargo agent from the list
(1) The Secretary of State may, subject to paragraph (4) of this regulation, remove an air cargo agent from the list of security approved air cargo agents if the Secretary of State is satisfied that any of the reasons in paragraph (3) of this regulation apply. (2) If the air cargo agent has multiple sites on the list of security approved air cargo agents in accordance with regulation 3(3) and the Secretary of State is satisfied that the reason in paragraph (3) applies to specific sites, the Secretary of State may only remove the affected sites from the list. (3) The reasons for the purposes of paragraphs (1) and (2) are— (a) the air cargo agent no longer carries on an a business as a Regulated Agent, Known Consignor or Regulated Supplier; (b) the air cargo agent is no longer able to comply, or has failed to comply with, any direction given to them by the Secretary of State under sections 13A or 14 of the 1982 Act; (c) the duration of the listing has expired and there is no outstanding application for renewal. An outstanding application for renewal only prevents removal of the air cargo agent from the list of security approved air cargo agents pending its resolution if it was made at least 56 days prior to the expiration date of the listing; (d) any of the information provided by the air cargo agent in accordance with regulation 4 is materially false; (e) the air cargo agent has failed to give notice to the Secretary of State of information being rendered inaccurate by a change of circumstances in accordance with regulation 8; (f) the air cargo agent has requested that they be removed from the list of security approved air cargo agents; or (g) there is any other good reason for the Secretary of State to remove the air cargo agent from the list. (4) Before making a decision to remove an air cargo agent from the list of security approved air cargo agents for a reason specified in paragraph (3) of this regulation, other than sub-paragraph (f), the Secretary of State must give notice to the air cargo agent of the proposal and of the reasons for it. Where such notice is given— (a) the air cargo agent may make representations to the Secretary of State within 28 days from the date of such notice; (b) the Secretary of State must take into account any representations made under sub-paragraph (a) before reaching a decision as to the removal of the air cargo agent from the list; and (c) the Secretary of State must give notice to the air cargo agent of the decision to remove them from the list and of the reasons for it, or of the decision to retain them on the list, as the case may be. (5) An air cargo agent that the Secretary of State decides to remove from the list of security approved air cargo agents for a reason within paragraph (3) of this regulation other than sub-paragraphs (c) or (f) of that paragraph, may not re-apply for inclusion on the list until after the expiry of three months beginning with the date of the Secretary of State’s notice under paragraph 4(c) of this regulation. (6) If the Secretary of State has, in the case of an air cargo agent with multiple sites, decided to remove specific sites from the list of security approved air cargo agents for a reason within paragraph (3) of this regulation, other than sub-paragraphs (c) or (f) of that paragraph, the prohibition on re-applying for inclusion on the list until after the expiry of three months beginning with the date of the Secretary of State’s notice under paragraph 4(c) of this regulation shall apply only to those specific sites.
9 Removal of a security approved air cargo agent from the list
(1) The Secretary of State may, subject to paragraph (4) of this regulation, remove an air cargo agent from the list of security approved air cargo agents if the Secretary of State is satisfied that any of the reasons in paragraph (3) of this regulation apply. (2) If the air cargo agent has multiple sites on the list of security approved air cargo agents in accordance with regulation 3(3) and the Secretary of State is satisfied that the reason in paragraph (3) applies to specific sites, the Secretary of State may only remove the affected sites from the list. (3) The reasons for the purposes of paragraphs (1) and (2) are— (a) the air cargo agent no longer carries on an a business as a Regulated Agent, Known Consignor or Regulated Supplier; (b) the air cargo agent is no longer able to comply, or has failed to comply with, any direction given to them by the Secretary of State under sections 13A or 14 of the 1982 Act; (c) the duration of the listing has expired and there is no outstanding application for renewal. An outstanding application for renewal only prevents removal of the air cargo agent from the list of security approved air cargo agents pending its resolution if it was made at least 56 days prior to the expiration date of the listing; (d) any of the information provided by the air cargo agent in accordance with regulation 4 is materially false; (e) the air cargo agent has failed to give notice to the Secretary of State of information being rendered inaccurate by a change of circumstances in accordance with regulation 8; (f) the air cargo agent has requested that they be removed from the list of security approved air cargo agents; or (g) there is any other good reason for the Secretary of State to remove the air cargo agent from the list. (4) Before making a decision to remove an air cargo agent from the list of security approved air cargo agents for a reason specified in paragraph (3) of this regulation, other than sub-paragraph (f), the Secretary of State must give notice to the air cargo agent of the proposal and of the reasons for it. Where such notice is given— (a) the air cargo agent may make representations to the Secretary of State within 28 days from the date of such notice; (b) the Secretary of State must take into account any representations made under sub-paragraph (a) before reaching a decision as to the removal of the air cargo agent from the list; and (c) the Secretary of State must give notice to the air cargo agent of the decision to remove them from the list and of the reasons for it, or of the decision to retain them on the list, as the case may be. (5) An air cargo agent that the Secretary of State decides to remove from the list of security approved air cargo agents for a reason within paragraph (3) of this regulation other than sub-paragraphs (c) or (f) of that paragraph, may not re-apply for inclusion on the list until after the expiry of three months beginning with the date of the Secretary of State’s notice under paragraph 4(c) of this regulation. (6) If the Secretary of State has, in the case of an air cargo agent with multiple sites, decided to remove specific sites from the list of security approved air cargo agents for a reason within paragraph (3) of this regulation, other than sub-paragraphs (c) or (f) of that paragraph, the prohibition on re-applying for inclusion on the list until after the expiry of three months beginning with the date of the Secretary of State’s notice under paragraph 4(c) of this regulation shall apply only to those specific sites.
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