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In force since 2024-03-21, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) A person commits an offence if with intent to deceive he issues a document which purports to be issued by a person on a list of approved air cargo agents maintained under section 21F(2)(a) of this Act. (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
Propose a change(1) For purposes to which this Part of this Act applies, the Secretary of State may by regulations made by statutory instrument require such persons as are specified in the regulations to make a report to him or the CAA , in such manner and within such period as are so specified, of any occurrence of a description so specified. (2) Before making any regulations under this section, the Secretary of State shall consult — (a) the CAA , and (b) organisations appearing to him to represent persons affected by the proposed regulations. (3) Regulations under this section may— (a) provide that any person who, in making a report required by the regulations, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, is to be guilty of an offence and liable— (i) on summary conviction, to a fine not exceeding the statutory maximum; (ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both, and (b) provide for persons to be guilty of an offence in such other circumstances as may be specified in the regulations and to be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) Regulations under this section may require the reporting of occurrences taking place outside the United Kingdom only if those occurrences relate to aircraft registered in the United Kingdom. (5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) The CAA must provide such advice and assistance to the Secretary of State as the Secretary of State requires in connection with matters relevant to the purposes to which this Part of this Act applies. (2) A requirement under subsection (1) may be expressed so as to operate as a continuing requirement on the CAA. (3) Nothing in this section affects the generality of section 16 of the Civil Aviation Act 1982 (provision by CAA of assistance etc for Secretary of State and others).
Propose a change(1) The CAA must provide such advice and assistance to the persons listed in subsection (3) as it considers appropriate having regard to the purposes to which this Part of this Act applies. (2) The CAA may, in particular, provide advice and assistance to such persons in connection with measures that they are required to take by directions under sections 12 to 14. (3) Those persons are— (a) managers of aerodromes in the United Kingdom, (b) authorities responsible for air navigation installations in the United Kingdom, (c) operators of aircraft registered or operating in the United Kingdom, (d) persons occupying land forming part of an aerodrome or air navigation installation in the United Kingdom, (e) persons permitted to have access to a security restricted area of such an aerodrome or air navigation installation for the purposes of carrying on a business, and (f) any other persons carrying on activities at or in connection with such an aerodrome or air navigation installation, or considering doing so, who are of a description notified to the CAA by the Secretary of State for the purposes of this section. (4) The Secretary of State may provide such advice and assistance to the persons listed in subsection (3) as the Secretary of State considers appropriate having regard to— (a) the purposes to which this Part of this Act applies, and (b) any advice and assistance provided to those persons by the CAA.
Propose a change(1) The Secretary of State may by regulations modify— (a) the functions of the CAA relating to the purposes to which this Part of this Act applies, and (b) the functions under this Part of this Act of persons authorised in writing by the CAA for the purposes of this Part. (2) Regulations under this section may, in particular— (a) confer powers, or impose duties, on the CAA or persons mentioned in subsection (1)(b), (b) remove or restrict powers or duties of the CAA or such persons, (c) require the CAA to comply with directions given by the Secretary of State when carrying out a function conferred by the regulations, (d) make different provision for different cases, (e) amend or repeal an enactment (whenever passed), including a provision of this Part of this Act, and amend or revoke a provision of an instrument made under an enactment (whenever made), and (f) include consequential, supplementary, incidental, transitional, transitory and saving provision. (3) The Secretary of State must consult the CAA before making regulations under this section. (4) The regulations must be made by statutory instrument. (5) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Propose a change(1) The provisions of this section shall have effect where, in compliance with a direction under section 14 of this Act or under that section as applied or modified by section 21 of this Act, or in compliance with an enforcement notice, the person to whom the direction was given or on whom the notice was servedtakes any measures consisting of the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside an aerodrome orair navigation installation, as the case may be. (2) If the value of any interest in that land to which a person is entitled is depreciated in consequence of the taking of those measures, or the person having such an interest suffers loss in consequence of them by being disturbed in his enjoyment of any of that land, he shall be entitled to compensation equal to the amount of the depreciation or loss. (3) If any land other than the land on which the measures are taken is injuriously affected by the taking of those measures, any person having an interest in that other land, who suffers loss in consequence of its being injuriously affected, shall be entitled to compensation equal to the amount of the loss. (4) Any compensation to which a person is entitled under this section shall be payable to him by the person . . . by whom the measures in question were taken. (5) The provisions of Schedule 1 to this Act shall have effect for the purposes of this section; and the preceding provisions of this section shall have effect subject to the provisions of that Schedule.
Propose a change(1) The Secretary of State may make regulations imposing penalties for— (a) failure to comply with a requirement imposed by a notice under section 11 (notice requiring information); (b) making a false statement in furnishing information required by a notice under that section; (c) failure to comply with a direction under any of sections 12 to 14. (2) Regulations under subsection (1) may in particular make provision— (a) about how a penalty is to be calculated; (b) about the procedure for imposing a penalty; (c) about the enforcement of penalties; (d) allowing for an appeal against a decision to impose a penalty; and the regulations may make different provision for different purposes. (3) Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations. (4) The regulations must provide that no penalty may be imposed on a person for failure to comply with the requirements of a notice under section 11, or for making a false statement in furnishing information required by such a notice, where proceedings have been instituted against the person for an offence under section 11(5) in respect of the same failure or false statement. (5) The regulations must provide that no penalty may be imposed on a person for failure to comply with a direction under any of sections 12 to 14 where proceedings have been instituted against the person for an offence under any of those sections in respect of the same failure. (6) Any penalty paid by virtue of this section must be paid into the Consolidated Fund. (7) Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
Propose a change(1) The Secretary of State shall, on or before 31st January in each year, lay before each House of Parliament a report stating the number of notices served by him under section 11 of this Act , the number of directions given by him under sections 12, 13, 13A and 14 of this Act and enforcement notices and detention directions served by authorised personsduring the period of twelve months which expired with the preceding December. (2) Each such report shall deal separately with notices served under section 11, directions given under section 12, directions given under section 13 , directions given under section 13A and directions given under section 14 of this Act ,enforcement notices and detention directions, and, in relation to each of those matters, shall show separately— (a) the number of notices or directions which, during the period to which the report relates, were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, operators of aircraft; (b) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, managers of aerodromes; and (bb) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons occupying land forming part of an aerodrome or air navigation installation; (bc) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons permitted to have access to a security restricted area of an aerodrome or air navigation installation for the purposes of the activities of a business; (c) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, authorities responsible for air navigation installations. (3) In this section any reference to section 11, 13 , 13A or 14 of this Act shall be construed as including a reference to that section as applied or modified by section 21 of this Act.
Propose a change(1) The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies. (2) If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 ( CAA 's general objectives) it must— (a) consult the Secretary of State, and (b) resolve the conflict in the manner directed by the Secretary of State, and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act.
Propose a change(1) This section has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of this Act to be served on or given to any person. (2) Any such document may be given to or served on any person— (a) by delivering it to him, or (b) by leaving it at his proper address, or (c) by sending it by post to him at that address, or (d) by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication, or (e) where— (i) an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (2E), and (ii) that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that subsection, by using electronic communications to send the document in that form to that person at that address , or (f) in the case of a person who is required by regulations to be able to accept service electronically in a manner and form specified in the regulations, in that manner and form. (2A) A document given to or served on a person in accordance with subsection (2)(e) must be in a form sufficiently permanent to be used for subsequent reference. (2B) Where a document is given to or served on a person in accordance with subsection (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than— (a) a Saturday or a Sunday; (b) Christmas Day or Good Friday; or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom. (2C) A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where— (a) that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in subsection (2)); (b) that person has not withdrawn his agreement in accordance with subsection (2F); (c) the document in question is a document to which the agreement applies; (d) the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose— (i) stating that the document has been published on a web site maintained by or on behalf of the Secretary of State; (ii) setting out the address of that web site; and (iii) setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and (e) the published document is in a form sufficiently permanent to be used for subsequent reference. (2D) Where a document is given to or served on a person in accordance with subsection (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (2C)(d) is given. (2E) A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (2)(e) may give notice withdrawing that address or that agreement or both. (2F) A person who has an agreement with the Secretary of State or an authorised person under subsection (2C)(a) may give notice withdrawing that agreement. (2G) A withdrawal under subsection (2E) or (2F) shall take effect on the later of— (a) the date specified by the person in the notice; and (b) the date which is fourteen days after the date on which the notice is given. (2H) A notice under subsection (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made. (2I) Oral notice is not sufficient for the purposes of subsections (2E) or (2F). (3) Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body. (4) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer, it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be). (5) If the person to or on whom any document mentioned in subsection (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than his proper address within the meaning of subsection (4) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address. (6) Where an authorised person— (a) intends to serve an enforcement notice on any person (the intended recipient), and (b) is of the opinion that all the requirements of the notice could be complied with by an employee or agent of the intended recipient, the authorised person may, after consulting that employee or agent, serve the notice on the intended recipient by delivering it to that employee or agent or by sending it to that employee or agent at the proper address of the employee or agent by such means as are mentioned in subsection (2)(d) above. (7) An authorised person who serves an enforcement notice under subsection (6) above on an employee or agent of the intended recipient shall serve a copy of the notice on the intended recipient. (8) Nothing in subsection (6) above shall be taken to impose on the employee or agent to whom the enforcement notice is delivered or sent any obligation to comply with it. (9) Subsections (6) to (8) above shall apply to a detention direction as they apply to an enforcement notice. (10) Regulations under this section— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, and (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) In this Part of this Act, except in so far as the context otherwise requires— act of violence has the meaning given by section 10(2) of this Act, “address”, in relation to electronic communications, means any number or address used for the purposes of such communications, “ authorised person ” means a person authorised in writing by the Secretary of State or the CAA for the purposes of this Part of this Act, “ the CAA ” means the Civil Aviation Authority, “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) , employee in relation to a body corporate, includes officer, enforcement notice has the meaning given by section 18A(1) of this Act, ... “Framework Regulation” means Regulation ( EC ) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security, restricted zone, in relation to an aerodrome or air navigation installation, means any part of the aerodrome or installation designated under section 11A of this Act or, where the whole of the aerodrome or installation is so designated, that aerodrome or installation, and “security restricted area” has the meaning given by Article 3 of the Framework Regulation. (2) For the purposes of this Part of this Act a person is permitted to have access to a security restricted area of an aerodrome or air navigation installation if he is permitted to enter that area or if arrangements exist for permitting any of his employees or agents to enter that zone. (3) For the purposes of this Part of this Act, in circumstances where the Framework Regulation does not apply, references to a security restricted area are to be read as references to a restricted zone (and references to that area are to be read accordingly).
Propose a change(1) This Part applies to— (a) any aerodrome in respect of which a direction under section 12, 13 or 14 to the manager of the aerodrome is in force, and (b) any other aerodrome specified in an order made by the Secretary of State. (2) Any reference in the following provisions of this Part to an aerodrome is a reference to an aerodrome to which this Part applies. (3) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) The manager of an aerodrome must establish a group (“a risk advisory group”) for the aerodrome. (2) The group is to consist of— (a) an individual nominated by the manager, (b) the chief officer of police for the relevant police area or an individual nominated by the chief officer, and (c) the individuals (if any) nominated under subsections (3) to (6). (3) The manager of the aerodrome may at any time nominate one or more individuals to be members of the group (in addition to the individual nominated under subsection (2)(a)). (4) The chief officer of police may at any time nominate one individual to be a member of the group (in addition to the individual, if any, nominated under subsection (2)(b)). (5) The Commissioners for Her Majesty's Revenue and Customs may at any time nominate one individual to be a member of the group. (6) The Secretary of State may at any time nominate one or more individuals to be members of the group. (7) If the manager of the aerodrome wishes to make a nomination under subsection (3) at any time after the establishment of the group, the manager must consult the group before making the nomination. (8) An individual may be nominated under subsections (2) to (6) only if the individual has knowledge or experience which is relevant to the assessment of threats, or particular kinds of threats, to the security of aerodromes. (9) The group must permit any individuals nominated by the Secretary of State for the purposes of this subsection to attend meetings of the group as observers.
Propose a change(1) The risk advisory group for an aerodrome must prepare a risk report for the aerodrome before the end of the period of 2 months beginning with the day by which the group is required to be established. (2) A risk report is a document containing an assessment of each threat to the security of the aerodrome. (3) In relation to each such threat, the risk report must also— (a) contain an assessment of the effectiveness of any security measures that are being taken in relation to the aerodrome in response to the threat, and (b) set out the recommendations of the group as to the security measures that should be taken, or continue to be taken, in response to the threat. (4) The group— (a) must from time to time revise the assessments contained in the report so as to keep them up to date, and (b) may at any time revise the recommendations. (5) Where the report is prepared or revised, the group must give a copy of it to the manager of the aerodrome. (6) The manager of the aerodrome must then give a copy of the report to each member of the security executive group for the aerodrome. (7) If the Secretary of State at any time requests a copy of the risk report for an aerodrome, the manager of the aerodrome must give the Secretary of State a copy of the report (or, in the case of a report which has been revised, the report as so revised). (8) In subsection (1), “ the day by which the group is required to be established ” means the day which is the relevant day in relation to the aerodrome for the purposes of section 24AL.
Propose a change(1) In exercising its functions, the risk advisory group for an aerodrome must have regard to— (a) any directions given under section 12, 13, 13A or 14, (b) any national threat assessment, and (c) any guidance given by the Secretary of State which is relevant to the group's functions. (2) A member of the risk advisory group may not disclose any information received by the member in the exercise of the member's functions under this Part except— (a) for the purpose of any of those functions, or (b) for any other purpose connected with the making of aerodrome security plans or their implementation. (3) In this section, “ national threat assessment ” means any assessment issued by the Secretary of State of a threat to the aviation industry.
Propose a change(1) There must be an aerodrome security plan in force in relation to an aerodrome at all times after the period of 9 months beginning with the day by which the security executive group for the aerodrome is required to be established. (2) An aerodrome security plan is a plan which specifies— (a) the security measures, if any, that each relevant person is to take in relation to the aerodrome during the period for which the plan is in force, and (b) the arrangements for monitoring the implementation of those measures (“monitoring arrangements”). (3) An aerodrome security plan may specify steps to be taken by a relevant person for the purposes of the monitoring arrangements (“monitoring steps”). (4) The relevant persons are— (a) the manager of the aerodrome, (b) the chief officer of police for the relevant police area, (c) any operator of an aircraft that takes off from, or lands at, the aerodrome, (d) any person who is permitted to have access to the aerodrome for the purposes of a business carried on by the person, (e) any person who occupies any land forming part of the aerodrome, (f) the National Crime Agency , (g) the Commissioners for Her Majesty's Revenue and Customs, and (h) the Secretary of State. (5) If the plan specifies security measures to be taken by a person within subsection (4)(a) or (c) to (h) (“B”), the plan may also specify— (a) that any other relevant person is to make payments in respect of the costs reasonably incurred by B in connection with the security measures, and (b) the amount of those payments or the manner in which their amount is to be assessed. (6) If the plan specifies security measures to be taken by a person within subsection (4)(c) to (h), the plan may also specify that the manager of the aerodrome is to provide accommodation or facilities in connection with those measures. (7) A relevant person must comply with any provision of an aerodrome security plan which provides that the person is to— (a) take a security measure, (b) take a monitoring step, or (c) make any payments or provide any accommodation or facilities. (8) In subsection (1), “ the day by which the security executive group for the aerodrome is required to be established ” means the day which is the relevant day in relation to the aerodrome for the purposes of section 24AL.
Propose a change(1) An aerodrome security plan must specify the period for which it is to be in force. (2) In the case of the first plan for the aerodrome, the period specified must— (a) begin on the day after the end of the period mentioned in section 24AE(1), and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (3) In the case of any subsequent plan, the period specified must— (a) begin on 1 April, and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (4) An aerodrome security plan ceases to be in force if the aerodrome to which it relates ceases to be one to which this Part applies. (5) If there is a dispute about security planning for an aerodrome which relates to an aerodrome security plan which is not in force, the Secretary of State may direct that the plan is to come into force at the beginning of a day other than that specified in subsection (2)(a) or (3)(a).
Propose a change(1) The manager of an aerodrome must establish a group (“the security executive group”) for the aerodrome. (2) The group is to consist of— (a) a representative of the manager of the aerodrome, (b) the chief officer of police for the relevant police area or a representative of the chief officer, (c) in the case of an aerodrome in Scotland or Northern Ireland, a representative of the police authority for the relevant police area, (d) if the Commissioners for Her Majesty's Revenue and Customs so request, a representative of the Commissioners, (e) if the National Crime Agency so request, a representative of the Agency, (f) the individual nominated under subsection (3), and (g) any individuals nominated under subsections (4) to (6). (3) The manager of the aerodrome must nominate as a member of the group an individual who appears to the manager to represent the interests of the operators of aircraft that take off from, or land at, the aerodrome. (4) The Secretary of State may at any time nominate as a member of the group an official of the Secretary of State who exercises functions relating to immigration. (5) The manager of the aerodrome or the Secretary of State may at any time nominate as a member of the group an individual who is, or who appears to the manager or (as the case may be) the Secretary of State to represent the interests of, a particular relevant person within section 24AE(4)(c) to (e). (6) The manager of the aerodrome or the Secretary of State may at any time nominate as a member of the group an individual who appears to the manager or (as the case may be) the Secretary of State to represent the interests of any description of relevant persons within section 24AE(4)(c) to (e). (7) More than one individual may be nominated under subsection (5) or (6) (but not in relation to the same relevant person or description of relevant persons). (8) The group must permit any individuals nominated by the Secretary of State for the purposes of this subsection to attend meetings of the group as observers.
Propose a change(1) The security executive group for an aerodrome must— (a) decide the contents of each aerodrome security plan for the aerodrome, and (b) keep the contents of each plan under review and decide whether (and, if so, how) they should be varied. (2) No provision may be included in an aerodrome security plan unless all the members of the group unanimously agree that it should be included. (3) An aerodrome security plan may not be varied unless all the members of the group unanimously agree to the variation. (4) But the agreement of a member is not required for the purposes of subsection (2) or (3) if the member unreasonably fails to inform the other members of the group whether the member agrees or disagrees to the inclusion of the provision or (as the case may be) to the variation. (5) If the Secretary of State at any time requests a copy of an aerodrome security plan, the manager of the aerodrome must give a copy of the plan to the Secretary of State.
Propose a change(1) The security executive group for an aerodrome must notify a person to whom this section applies if— (a) the group proposes to include a provision in an aerodrome security plan or to vary a provision in a plan, and (b) the provision (or the provision as varied) would by virtue of section 24AE require the person to— (i) take a security measure, (ii) take a monitoring step, or (iii) make any payments. (2) This section applies to— (a) any relevant person within section 24AE(4)(c) to (e), other than such a person who is represented on the security executive group by virtue of section 24AG(5), (b) the Commissioners for Her Majesty's Revenue and Customs, unless the Commissioners are represented on the group, (c) the National Crime Agency , unless the Agency is represented on the group, (d) the Secretary of State, unless the Secretary of State has made a nomination under section 24AG(4). (3) A person notified under subsection (1) may object to the proposal by informing the group that the person objects. (4) The person must give the group the reasons for the objection. (5) The objection must be made before the end of the period of 30 days beginning with the day on which the person was notified of the proposal (“the 30 day period”). (6) The group must consider an objection made by a person in accordance with this section. (7) If the members of the group and the person are unable to reach agreement on whether or not the proposal should be withdrawn or varied in the light of the objection, the member of the group who represents the manager of the aerodrome must refer the matter under section 24AN(1) (disputes about security plans). (8) A provision mentioned in subsection (1) may not be included in an aerodrome security plan or (as the case may be) may not be varied before the end of the 30 day period. (9) If an objection is made in accordance with this section before the end of the 30 day period the provision may not be included in the plan or (as the case may be) may not be varied unless— (a) the members of the group and the person who objected agree that it may be included or varied, or (b) it is included or varied by virtue of section 24AQ (powers in relation to disputes about security plans).
Propose a change(1) In exercising its functions, the security executive group for an aerodrome must have regard to— (a) any directions given under section 12, 13, 13A or 14, (b) the risk report for the aerodrome, (c) any national threat assessment, and (d) any guidance given by the Secretary of State which is relevant to the group's functions. (2) The group must— (a) consider each recommendation in the risk report, and (b) ensure that a record of its decision whether to accept or reject the recommendation, together with the reasons for the decision, is appended to an aerodrome security plan. (3) A member of the security executive group may not disclose any information received by the member in the exercise of the member's functions under this Part except— (a) for the purpose of any of those functions, or (b) for any other purpose connected with the making of aerodrome security plans or their implementation. (4) In this section, “ national threat assessment ” means any assessment issued by the Secretary of State of a threat to the aviation industry.
Propose a change(1) An individual may be a member of both the risk advisory group and the security executive group for an aerodrome. (2) The manager of the aerodrome may at any time— (a) revoke a nomination under section 24AB(2)(a) or 24AG(3), and (b) make another nomination under that provision. (3) A person who makes a nomination under section 24AB(2)(b) or (3) to (6) or (9) or section 24AG(4) to (6) or (8) may at any time revoke the nomination (whether or not the person makes another nomination under the provision in question). (4) Except as provided by this Part, risk advisory groups and security executive groups may decide their own procedures (and, in particular, may allow individuals who are not members of the groups to attend meetings and take part in discussions). (5) The manager of an aerodrome must ensure that the risk advisory group and the security executive group for the aerodrome have such accommodation and facilities as are necessary to enable them to discharge their functions.
Propose a change(1) The risk advisory group and the security executive group for an aerodrome must each be established before the relevant day. (2) In the case of an aerodrome to which this Part applies on the commencement date, the relevant day is — (a) in relation to the risk advisory group, the end of the period of 1 month beginning with the commencement date, and (b) in relation to the security executive group, the end of the period of 3 months beginning with the commencement date. (3) In subsection (2), “ commencement date ” means the date on which section 79 of the Policing and Crime Act 2009 comes into force. (4) In the case of any other aerodrome to which this Part applies, the relevant day is— (a) in relation to the risk advisory group, the end of the period of 1 month beginning with the date on which the aerodrome becomes one to which this Part applies, and (b) in relation to the security executive group, the end of the period of 3 months beginning with that date.
Propose a change(1) This section applies for the purposes of the following provisions of this Part. (2) There is a dispute about security planning for an aerodrome if there is— (a) a dispute about the contents of an aerodrome security plan for the aerodrome (see subsection (3)), or (b) a dispute about the implementation of an aerodrome security plan for the aerodrome (see subsection (4)). (3) There is a dispute about the contents of an aerodrome security plan for an aerodrome if— (a) there is a dispute between any of the members of the security executive group about the provisions to be included in a plan and, in consequence, there is, or there is likely to be, a breach of the requirement imposed by section 24AE(1), (b) there is a dispute between any of the members of the security executive group about whether or how a plan should be varied, or (c) the members of the security executive group and a relevant person who makes an objection under section 24AI are unable to reach agreement on whether or not a proposal by the group should be withdrawn or varied in the light of the objection. (4) There is a dispute about the implementation of an aerodrome security plan if a member of the security executive group for the aerodrome thinks that a relevant person in relation to the aerodrome is failing to, or has failed to, comply with the duty in section 24AE(7).
Propose a change(1) If there is a dispute about the contents of an aerodrome security plan, any member of the security executive group for the aerodrome may refer the dispute to the Secretary of State. (2) If there is a dispute about the implementation of an aerodrome security plan, any member of the security executive group for the aerodrome may refer the dispute to the Secretary of State.
Propose a change(1) This section applies where— (a) a dispute about security planning for an aerodrome is referred to the Secretary of State under section 24AN, or (b) although no such reference is made, the Secretary of State thinks that there is a dispute about security planning for the aerodrome. (2) The Secretary of State may require— (a) any member of the security executive group for the aerodrome, or (b) any relevant person in relation to the aerodrome, to take such steps as the Secretary of State thinks may assist to resolve the dispute. (3) The Secretary of State may require any relevant person in relation to the aerodrome to make payments in respect of any costs incurred by another person (whether or not a relevant person) in connection with the taking of the steps mentioned in subsection (2). (4) The payments that may be required under subsection (3) include payments in respect of any costs incurred by the Secretary of State (including any costs attributable to the work of officials of the Secretary of State). (5) If the Secretary of State decides not to exercise the power in subsection (2), or if the Secretary of State exercises that power but the dispute is not resolved, the Secretary of State may determine the dispute.
Propose a change(1) This section applies where the Secretary of State is determining a dispute about security planning for an aerodrome. (2) The Secretary of State must give— (a) each relevant person who appears to the Secretary of State to have an interest in the matter in dispute, and (b) each member of the security executive group, an opportunity to make representations about the matter in dispute. (3) In the case of a dispute about the contents of an aerodrome security plan, the Secretary of State must have regard to the matters specified in section 24AJ(1) (so far as relevant to the matter in dispute). (4) Subject to subsections (2) and (3), the Secretary of State may decide the procedure for determining the dispute. (5) In particular, the Secretary of State may require a person mentioned in subsection (2)(a) or (b) to provide the Secretary of State or another person mentioned in that subsection with such information as the Secretary of State may specify. (6) Subsection (7) applies if, in determining a dispute about security planning, the Secretary of State— (a) provides information to a person mentioned in subsection (2)(a) or (b), or (b) requires such a person to provide information to another person under subsection (5). (7) The Secretary of State may require the person to whom the information is provided not to disclose the information without the consent of the Secretary of State.
Propose a change(1) This section applies where the Secretary of State has considered a dispute about security planning at an aerodrome. (2) Where the dispute is about the contents of an aerodrome security plan, the Secretary of State may— (a) make a declaration that a provision specified in the declaration is or is not to be included in the plan; (b) make a declaration varying the plan. (3) Where the dispute is about the implementation of a plan, the Secretary of State may do any or all of the following— (a) make a declaration as to how any provision of the plan is to be construed; (b) make a declaration as to how any provision of the plan is to be, or ought to have been, implemented; (c) make a declaration varying the plan. (4) In relation to any dispute, the Secretary of State may (whether or not the Secretary of State exercises any other power under this section) do either or both of the following— (a) determine that a relevant person must pay to any other relevant person (“B”) a specified sum, or a sum to be assessed in a specified manner, in respect of costs reasonably incurred by B in connection with any security measures taken by B in relation to the aerodrome; (b) make an order requiring a relevant person to pay costs. (5) Subsection (4)(a) does not apply in relation to security measures taken by the chief officer of police for the relevant police area. (6) In subsection (4)(b) “ costs ” means— (a) the legal or other costs incurred by the Secretary of State (including costs attributable to the work of officials of the Secretary of State), and (b) the legal or other costs incurred by any members of the security executive group or any of the relevant persons.
Propose a change(1) A relevant person may appeal to the High Court against— (a) any requirement imposed on the person under section 24AO(3), or (b) any declaration, determination or order of the Secretary of State under section 24AQ which affects that person. (2) Any requirement imposed under section 24AO(3) or 24AP(7), and any declaration, determination or order made under section 24AQ, may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court). (3) In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.
Propose a change(1) The Secretary of State may by order provide that this Part— (a) does not apply in relation to a specified aerodrome in respect of which any directions under section 12, 13, 13A or 14 are in force, or (b) applies in relation to such an aerodrome with specified modifications. (2) In subsection (1) “ specified ” means specified in the order. (3) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) In this Part— “ aerodrome ” is to be construed in accordance with section 24AA(2); “ aerodrome security plan ” has the meaning given by section 24AE(2); “ dispute about security planning for an aerodrome ”, “ dispute about the contents of an aerodrome security plan ” and “ dispute about the implementation of an aerodrome security plan ” have the meanings given by section 24AM(2) to (4); “ relevant persons ”, in relation to an aerodrome, means the persons mentioned in section 24AE(4); “ relevant police area ”, in relation to an aerodrome, means the police area in which the aerodrome is wholly or mainly situated; “ risk advisory group ”, in relation to an aerodrome, means the group established for the aerodrome in accordance with section 24AB; “ risk report ”, in relation to an aerodrome, has the meaning given by section 24AC(2); “ security executive group ”, in relation to an aerodrome, means the group established for the aerodrome in accordance with section 24AG; “ security measure ”, in relation to an aerodrome, means any measure taken for a purpose to which Part 2 applies (protection of aerodromes etc. against acts of violence) or otherwise for the purpose of preventing crime or preserving the peace at the aerodrome, but it does not include— any measure specified in a direction under Part 2, or any measure which an officer of Revenue and Customs or an official of the Secretary of State exercising functions in relation to immigration is required to take by virtue of any enactment. (2) Any reference in this Part to the security of an aerodrome includes a reference to the preservation of the peace at the aerodrome (and any reference to a threat to the security of the aerodrome is to be construed accordingly). (3) Any reference in the preceding provisions of this Part to a person nominated under a provision of this Part is a reference to a person who has been nominated under that provision and accepts that nomination (unless the context otherwise requires). (4) If an aerodrome to which this Part applies— (a) ceases to be such an aerodrome, but (b) subsequently becomes such an aerodrome again, this Part applies in relation to the aerodrome as if it had become an aerodrome to which this Part applies for the first time. (5) For the purposes of this Part the risk advisory group for an aerodrome is to be treated as established when both of the following conditions are first met— (a) the person nominated by the manager of the aerodrome under section 24AB(2)(a) accepts the nomination; (b) the chief officer of police for the relevant police area informs the manager of the aerodrome that either the chief officer will serve as a member of the group or that a person nominated by the chief officer for the purposes of section 24AB(2)(b) has accepted the nomination. (6) For the purposes of this Part the security executive group for an aerodrome is to be treated as established when all of the following conditions are first met— (a) the manager of the aerodrome appoints a representative under section 24AG(2)(a); (b) the chief officer of police for the relevant police area informs the manager of the aerodrome that either the chief officer will serve as a member of the group or that the chief officer has appointed a representative for the purposes of section 24AG(2)(b); (c) in the case of an aerodrome in Scotland or Northern Ireland, the police authority for the relevant police area informs the manager of the aerodrome that the police authority has appointed a representative for the purposes of section 24AG(2)(c); (d) a person nominated by the manager of the aerodrome under section 24AG(3) accepts the nomination. (7) In the application of this Part to Scotland— (a) references to the chief officer of police for the relevant police area are to be read as references to the chief constable of the Police Service of Scotland , and (b) references to the police authority for the relevant police area are ... to be read as references to the Scottish Police Authority . (8) In the application of this Part to Northern Ireland— (a) references to the chief officer of police for the relevant police area are to be read as references to the Chief Constable of the Police Service of Northern Ireland, and (b) references to the police authority for the relevant police area are to be read as references to the Northern Ireland Policing Board.
Propose a change(1) Subject to subsection (2) below, a constable may search— (a) any person, vehicle or aircraft in an aerodrome, or (b) anything which is in or on such a vehicle or aircraft, for stolen or prohibited articles. (2) This section does not give a constable power to search a person, vehicle or aircraft, or anything in or on a vehicle or aircraft, unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles. (3) For the purposes of exercising the power conferred by subsection (1) above, a constable may— (a) enter any part of an aerodrome; (b) detain a person, vehicle or aircraft; (c) board an aircraft. (4) If in the course of a search under subsection (1) above a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it. (5) An article is prohibited for the purposes of this section if it is an article— (a) made or adapted for use in the course of or in connection with criminal conduct, or (b) intended by the person having it with him for such use by him or by some other person. (6) In this section “ criminal conduct ” means conduct which— (a) constitutes an offence in the part of the United Kingdom in which the aerodrome is situated, or (b) would constitute an offence in that part of the United Kingdom if it occurred there. (7) The powers conferred by this section on a constable are without prejudice to any powers exercisable by him apart from this section. (8) The exercise of a power under this section does not require a warrant. (9) Nothing in this section authorises a constable to enter a dwelling.
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Propose a change(1) In this Part, “ relevant aerodrome ” means an aerodrome to which Part 2A applies (other than an aerodrome specified in an order under subsection (2)). (2) The Secretary of State may by order provide that a specified aerodrome to which Part 2A applies is not a relevant aerodrome for the purposes of this Part. (3) In subsection (2) “ specified ” means specified in the order. (4) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) There must be a police services agreement in force in relation to a relevant aerodrome at any time when an aerodrome security plan containing policing measures is in force in relation to the aerodrome. (2) The requirement in subsection (1) does not apply during the period of 3 months beginning with the day when the first aerodrome security plan for the aerodrome is agreed by the members of the security executive group for the aerodrome. (3) A police services agreement is an agreement between the relevant persons which specifies— (a) the level of policing to be provided for the aerodrome in accordance with section 26(2A) during the period for which the agreement is in force, (b) whether any payments are to be made by the manager of the aerodrome in connection with that policing and, if so, the amount of the payments or the manner in which their amount is to be assessed, and (c) the accommodation and facilities (if any) that are to be provided by the manager in connection with that policing. (4) The relevant persons are— (a) the manager of the aerodrome, (b) in the case of an aerodrome in Scotland or Northern Ireland, the police authority for the relevant police area, and (c) the chief officer of police for that area. (4A) Before entering into a police services agreement relating to an aerodrome in England or Wales, or a variation of such an agreement, the chief officer of police for the relevant police area must consult the local policing body for that area. (5) If the Secretary of State so requests, the manager of a relevant aerodrome must supply the Secretary of State with a copy of any police services agreement which is in force in relation to the aerodrome. (6) In this section, “ policing measures ”, in relation to an aerodrome security plan, means the security measures specified in the plan as the measures to be taken by the chief officer of police for the relevant police area.
Propose a change(1) A police services agreement must specify the period for which it is to be in force. (2) In the case of the first police services agreement for the aerodrome, the period specified must— (a) begin on the day when the requirement in section 25B(1) first applies in relation to the aerodrome, and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (3) In the case of any subsequent police services agreement other than one to which subsection (5) applies, the period specified must— (a) begin on 1 April, and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (4) Subsection (5) applies if— (a) there is a period during which an aerodrome security plan in force in relation to the aerodrome contains no policing measures (and, accordingly, the requirement in section 25B(1) does not apply in relation to the aerodrome), but (b) the plan is varied to include such measures. (5) The first police services agreement following the variation must— (a) begin on the day when the variation comes into effect (and, accordingly, the requirement in section 25B(1) again applies in relation to the aerodrome), and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (6) If there is a dispute about the policing of a relevant aerodrome which relates to a police services agreement which is not in force, the Secretary of State may direct that the agreement is to come into force at the beginning of a day other than that specified in subsection (2)(a), (3)(a) or (5)(a).
Propose a changeThe relevant persons— (a) must keep a police services agreement under review, and (b) may vary it.
Propose a change(1) In determining the terms of a police services agreement, and in exercising their functions under section 25D, the relevant persons must, in particular, have regard to the matters specified in subsection (2). (2) Those matters are— (a) any aerodrome security plan which specifies that policing measures are to be taken in relation to the aerodrome during the whole or any part of the period for which the police services agreement will be in force, (b) any information given to the relevant persons by the security executive group for the aerodrome which is relevant to the police services agreement, (c) the extent, if any, to which the costs incurred by the local policing body (in the case of an aerodrome in England or Wales) or the police authority (in the case of an aerodrome in Scotland or Northern Ireland) in connection with the policing provided for the aerodrome are, or are likely to be, met by any person other than the manager of the aerodrome, and (d) any guidance given by the Secretary of State which is relevant to the discharge by the relevant persons of their functions in relation to police services agreements. (3) A chief officer of police may authorise another person to exercise any of the officer's functions under this Part in relation to police services agreements. (4) In this section, “ policing measures ” has the same meaning as in section 25B.
Propose a change(1) So long as any aerodrome is a relevant aerodrome— (a) any relevant constable shall, when acting in the execution of his duty and, in particular, for the purpose of exercising the powers conferred on such a constable by or under the following provisions of this Part of this Act, be entitled as against the manager of the aerodrome to enter any part of the aerodrome; and (b) no member of any aerodrome constabulary maintained by the manager shall have the powers and privileges or be liable to the duties and responsibilities of a constable on the aerodrome or exercise there any power conferred by or under any enactment on members of that constabulary or on constables generally. (2) Paragraph (a) of subsection (1) above is without prejudice to any right of entry existing apart from that paragraph. (2A) The chief officer of police for the relevant police area shall, in making arrangements for the policing of a relevant aerodrome , secure that the level of policing provided under the arrangements takes account of— (a) any measures required to be taken pursuant to directions given under section 12, 13, 13A or 14 of this Act; ... (b) any other measures taken in relation to the aerodrome for security purposes by immigration officers or officers of Revenue and Customs or by the manager of the aerodrome ; and (c) any aerodrome security plan for the aerodrome. (2B) In relation to any time when a police services agreement is in force in relation to an aerodrome under section 25B of this Act, the manager of the aerodrome— (a) shall make to the local policing body or police authority for the relevant police area such payments in respect of the policing provided for the aerodrome as fall to be made under the agreement, and (b) shall secure that accommodation and facilities are provided in accordance with the agreement for use in connection with that policing. (2C) In relation to any time when no police services agreement is in force in relation to a relevant aerodrome , the manager of the aerodrome— (a) shall make to the local policing body or police authority for the relevant police area such payments as are necessary to reimburse the body or authority in respect of the costs reasonably incurred by it in connection with the policing provided for the aerodrome, and (b) shall secure that suitable accommodation and facilities are provided for use in connection with that policing. (2CA) Unless the aerodrome was a designated airport immediately before the commencement of section 80 of the Policing and Crime Act 2009, subsection (2C) does not apply in relation to any time before the end of the period of 3 months beginning with the day on which an aerodrome security plan is first required to be in force in relation to the aerodrome (by virtue of section 24AE(1)). (2D) Subsection (2C)(a) above does not require the manager to pay any costs incurred by the local policing body or police authority to the extent that those costs are defrayed by payments made by any other person to the local policing body or police authority in respect of the policing provided for the aerodrome. (2E) For the purposes of subsection (2A)(b) a measure is taken in relation to the aerodrome for security purposes if it is taken for a purpose to which Part 2 applies or otherwise for the purpose of preventing crime or preserving the peace at the aerodrome. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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