Aviation Security Act 1982

Part I — Offences Against the Safety of Aircraft Etc.

Objections to enforcement notices.

1

• (1) A person on board an aircraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the aircraft or exercises control of it commits the offence of hijacking, whatever his nationality, whatever the State in which the aircraft is registered and whether the aircraft is in the United Kingdom or elsewhere, but subject to subsection (2) below.

• (2) If—

• (a) the aircraft is used in military, customs or police service, or

• (b) both the place of take-off and the place of landing are in the territory of the State in which the aircraft is registered,

subsection (1) above shall not apply unless—

• (i) the person seizing or exercising control of the aircraft is a United Kingdom national; or

• (ii) his act is committed in the United Kingdom; or

• (iii) the aircraft is registered in the United Kingdom or is used in the military or customs service of the United Kingdom or in the service of any police force in the United Kingdom.

• (3) A person who commits the offence of hijacking shall be liable, on conviction on indictment, to imprisonment for life.

• (4) If the Secretary of State by order made by statutory instrument declares—

• (a) that any two or more States named in the order have established an organisation or agency which operates aircraft; and

• (b) that one of those States has been designated as exercising, for aircraft so operated, the powers of the State of registration,

the State declared under paragraph (b) of this subsection shall be deemed for the purposes of this section to be the State in which any aircraft so operated is registered; but in relation to such an aircraft subsection (2)(b) above shall have effect as if it referred to the territory of any one of the States named in the order.

• (5) For the purposes of this section the territorial waters of any State shall be treated as part of its territory.

Dispute resolution: appeals and enforcement etc.

2

• (1) It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally—

• (a) to destroy an aircraft in service or so to damage such an aircraft as to render it incapable of flight or as to be likely to endanger its safety in flight; or

• (b) to commit on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft.

• (2) It shall also, subject to subsection (4) below, be an offence for any person unlawfully and intentionally to place, or cause to be placed, on an aircraft in service any device or substance which is likely to destroy the aircraft, or is likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight; but nothing in this subsection shall be construed as limiting the circumstances in which the commission of any act—

• (a) may constitute an offence under subsection (1) above, or

• (b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

• (3) Except as provided by subsection (4) below, subsections (1) and (2) above shall apply whether any such act as is therein mentioned is committed in the United Kingdom or elsewhere, whatever the nationality of the person committing the act and whatever the State in which the aircraft is registered.

• (4) Subsections (1) and (2) above shall not apply to any act committed in relation to an aircraft used in military, customs or police service unless—

• (a) the act is committed in the United Kingdom, or

• (b) where the act is committed outside the United Kingdom, the person committing it is a United Kingdom national.

• (5) A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

• (6) In this section unlawfully—

• (a) in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and

• (b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.

• (7) In this section act of violence means—

• (a) any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883, and

• (b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above.

Other acts endangering or likely to endanger safety of aircraft

3

• (1) It shall, subject to subsections (5) and (6) below, be an offence for any person unlawfully and intentionally to destroy or damage any property to which this subsection applies, or to interfere with the operation of any such property, where the destruction, damage or interference is likely to endanger the safety of aircraft in flight.

• (2) Subsection (1) above applies to any property used for the provision of air navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere.

• (3) It shall also, subject to subsections (4) and (5) below, be an offence for any person intentionally to communicate any information which is false, misleading or deceptive in a material particular, where the communication of the information endangers the safety of an aircraft in flight or is likely to endanger the safety of aircraft in flight.

• (4) It shall be a defence for a person charged with an offence under subsection (3) above to prove—

• (a) that he believed, and had reasonable grounds for believing, that the information was true; or

• (b) that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties.

• (5) Subsections (1) and (3) above shall not apply to the commission of any act unless either the act is committed in the United Kingdom, or, where it is committed outside the United Kingdom—

• (a) the person committing it is a United Kingdom national; or

• (b) the commission of the act endangers or is likely to endanger the safety in flight of a civil aircraft registered in the United Kingdom or chartered by demise to a lessee whose principal place of business, or (if he has no place of business) whose permanent residence, is in the United Kingdom; or

• (c) the act is committed on board a civil aircraft which is so registered or so chartered; or

• (d) the act is committed on board a civil aircraft which lands in the United Kingdom with the person who committed the act still on board.

• (6) Subsection (1) above shall also not apply to any act committed outside the United Kingdom and so committed in relation to property which is situated outside the United Kingdom and is not used for the provision of air navigation facilities in connection with international air navigation, unless the person committing the act is a United Kingdom national.

• (7) A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

• (8) In this section civil aircraft means any aircraft other than an aircraft used in military, customs or police service and unlawfully has the same meaning as in section 2 of this Act.

Offences in relation to certain dangerous articles

4

• (1) It shall be an offence for any person without lawful authority or reasonable excuse (the proof of which shall lie on him) to have with him—

• (a) in any aircraft registered in the United Kingdom, whether at a time when the aircraft is in the United Kingdom or not, or

• (b) in any other aircraft at a time when it is in, or in flight over, the United Kingdom, or

• (c) in any part of an aerodrome in the United Kingdom, or

• (d) in any air navigation installation in the United Kingdom which does not form part of an aerodrome,

any article to which this section applies.

• (2) This section applies to the following articles, that is to say—

• (a) any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not;

• (b) any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and

• (c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person.

• (3) For the purposes of this section a person who is for the time being in an aircraft, or in part of an aerodrome, shall be treated as having with him in the aircraft, or in that part of the aerodrome, as the case may be, an article to which this section applies if—

• (a) where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight, or

• (b) where he is in part of an aerodrome (otherwise than in an aircraft), the article, or an article in which it is contained, is in that or any other part of the aerodrome and has been caused (whether by him or by any other person) to be brought into the aerodrome as being, or as forming part of, his baggage on a flight from that aerodrome or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also to be carried.

notwithstanding that the circumstances may be such that (apart from this subsection) he would not be regarded as having the article with him in the aircraft or in a part of the aerodrome, as the case may be.

• (4) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

• (5) Nothing in subsection (3) above shall be construed as limiting the circumstances in which a person would, apart from that subsection, be regarded as having an article with him as mentioned in subsection (1) above.

Jurisdiction of courts in respect of air piracy

5

• (1) Any court in the United Kingdom having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of piracy committed by or against an aircraft, wherever that piracy is committed.

• (2) in subsection (1) above, aircraft has the same meaning as in section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft); and, for the purposes of this definition, section 101 of that Act (Crown aircraft) shall apply to this section as it applies to the said section 92.

Ancillary offences

6

• (1) Without prejudice to section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft) or to section 2(1)(b) of this act, where a person (of whatever nationality) does on board any aircraft (wherever registered) and while outside the United Kingdom any act which, if done in the United Kingdom would constitute the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or 29 of the Offences against the Person Act 1861 or section 2 of the Explosive Substances Act 1883, his act shall constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft.

• (2) It shall be an offence for any person in the United Kingdom to induce or assist the commission outside the United Kingdom of any act which—

• (a) would, but for subsection (2) of section 1 of this Act, be an offence under that section; or

• (b) would, but for subsection (4) of section 2 of this Act, be an offence under that section; or

• (c) would, but for subsection (5) or (6) of section 3 of this Act, be an offence under that section.

• (3) A person who commits an offence under subsection (2) above shall be liable, on conviction on indictment, to imprisonment for life.

• (4) Subsection (2) above shall have effect without prejudice to the operation, in relation to any offence under section 1, 2 or 3 of this Act—

• (a) in England and Wales, or in Northern Ireland, of section 8 of the Accessories and Abettors Act 1861; or

• (b) in Scotland, of any rule of law relating to art and part guilt.

Powers exercisable on suspicion of intended offence under Part I

7

• (1) Where a constable has reasonable cause to suspect that a person about to embark on an aircraft in the United Kingdom, or a person on board such an aircraft, intends to commit, in relation to the aircraft, an offence under any of the preceding provisions of this Part of this Act (other than section 4), the constable may prohibit him from travelling on board the aircraft, and for the purpose of enforcing that prohibition the constable—

• (a) may prevent him from embarking on the aircraft or, as the case may be, may remove him from the aircraft; and

• (b) may arrest him without warrant and detain him for so long as may be necessary for that purpose.

• (2) Any person who intentionally obstructsa person acting in the exercise of a power conferred on him by subsection (1) above shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (3) Subsection (1) above shall have effect without prejudice to the operation in relation to any offence under this Act—

• (a) in England and Wales, of section 2 of the Criminal Law Act 1967 (which confers power to arrest without warrant) or of section 3 of that Act (use of force in making arrest etc.); or

• (b) in Scotland, of any rule of law relating to power to arrest without warrant; or

• (c) in Northern Ireland, of section 2 or 3 of the Criminal Law Act (Northern Ireland) 1967.

Dispute resolution: appeals and enforcement etc.

8

• (1) Proceedings for an offence under any of the preceding provisions of this Part of this Act (other than sections 4 and 7) shall not be instituted—

• (a) in England and Wales, except by, or with the consent of, the Attorney General; and

• (b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.

• (2) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under or by virtue of section 2, 3 or 6(2)(b) or (c) of this Act, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be.

Extradition

9

Part II — Protection of Aircraft, Aerodromes and Air Navigation Installations Against Acts of Violence

General purposes

Dispute resolution: procedure

10

• (1) The purposes to which this Part of this Act applies are the protection against acts of violence—

• (a) of aircraft, and of persons or property on board aircraft;

• (b) of aerodromes, and of such persons or property as (in the case of persons) are at any time present in any part of an aerodrome or (in the case of property) forms part of an aerodrome or is at any time (whether permanently or temporarily) in any part of an aerodrome; and

• (c) of air navigation installations which do not form part of an aerodrome.

• (2) In this Part of this Act act of violence means any act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere) which either—

• (a) being an act done in Great Britain, constitutes, or

• (b) if done in Great Britain would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971 or, in Scotland, the offence of malicious mischief.

• (3) The purpose of protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation is to be treated as a purpose to which this Part applies (in so far as it is not a purpose to which this Part applies by virtue of subsection (1)).

• (4) The reference in subsection (3) to protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation has the same meaning as in the Framework Regulation.

Powers of Secretary of State

Functions of security executive groups

11

• (1) A relevant authority may, by notice in writing served on any person who—

• (a) is the operator of one or more aircraft registered or operating in the United Kingdom,

• (b) is the manager of an aerodrome in the United Kingdom,

• (c) occupies any land forming part of an aerodrome in the United Kingdom, or

• (d) is permitted to have access to a security restricted area of an aerodrome for the purposes of the activities of a business carried on by him,

require that person to provide the authority with such information specified in the notice as the authority may require in connection with the exercise by the authority of functions conferred by or under this Part of this Act.

• (1A) Each of the following is a relevant authority for the purposes of this section—

• (a) the Secretary of State, and

• (b) the CAA.

• (2) A notice under subsection (1) above shall specify a period before the end of which the information required by the notice in accordance with subsection (1) above is to be furnished to the relevant authority .

• (3) Any such notice may also require the person on whom it is served, after he has furnished to the relevant authority the information required by the notice in accordance with subsection (1) above, to inform the relevant authority if at any time the information previously furnished to the relevant authority (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken).

• (4) In so far as such a notice requires further information to be furnished to the relevant authority in accordance with subsection (3) above, it shall require that information to be furnished to the authority before the end of such period ... as is specified in the notice for the purposes of this subsection.

• (5) Any person who—

• (a) . . . , without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, or

• (b) in furnishing any information so required, 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,

shall 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.

• (5A) Proceedings for an offence under subsection (5) above may not be instituted against a person who has paid a penalty in respect of the same failure, or the same false statement, by virtue of regulations made under section 22A.

• (6) A notice served on a person by a relevant authority under subsection (1) above may at any time—

• (a) be revoked by a notice in writing served on him by the relevant authority , or

• (b) be varied by the relevant authority by a further notice under subsection (1) above.

Power to impose restrictions in relation to aircraft

12

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the operator of any one or more aircraft registered or operating in the United Kingdom, or to the manager of any aerodrome in the United Kingdom, requiring him—

• (a) not to cause or permit persons or property to go or be taken on board any aircraft to which the direction relates, or to come or be brought into proximity to any such aircraft, unless such searches of those persons or that property as are specified in the direction have been carried out by constables or by other persons of a description specified in the direction, or

• (b) not to cause or permit any such aircraft to fly in or into the United Kingdom unless such searches (of persons or property or of the aircraft itself) as are specified in the direction have been carried out by constables or by other persons of a description so specified.

• (2) Subject to subsection (3) below, the Secretary of State may give a direction in writing to the operator of any one or more aircraft registered in the United Kingdom requiring him not to cause or permit the aircraft to fly unless such modifications or alterations of the aircraft, or of apparatus or equipment installed in the aircraft, as are specified in the direction have first been carried out, or such additional apparatus or equipment as is so specified is first installed in the aircraft.

• (3) Before giving any direction under subsection (2) above, the Secretary of State shall inform the CAA of the modifications, alterations or additional apparatus or equipment proposed to be required, and shall take account of any advice given to him by the CAA with respect to those proposals.

• (4) In giving any direction under subsection (2) above, the Secretary of State shall allow, and shall specify in the direction, such period as appears to him to be reasonably required for carrying out the modifications or alterations or installing the additional apparatus or equipment in question; and the direction shall not take effect before the end of the period so specified.

• (5) Subject to the following provisions of this Part of this Act, a direction given to an operator of aircraft under subsection (1) above may be given so as to relate—

• (a) either to all the aircraft registered or operating in the United Kingdom of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction;

• (b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and

• (c) either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction;

and a direction given to an operator of aircraft under subsection (2) above may be given so as to relate either to all aircraft registered in the United Kingdom of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction.

• (6) Subject to the following provisions of this Part of this Act, a direction given to the manager of an aerodrome under subsection (1) above may be given so as to relate—

• (a) either to all aircraft which at the time when the direction is given or at any subsequent time are in any part of the aerodrome, or to a class of such aircraft specified in the direction;

• (b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and

• (c) either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction.

• (7) Subject to the following provisions of this Part of this Act, any direction given under this section to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.

• (8) A direction may be given under this section to a person appearing to the Secretary of State to be about to become—

• (a) such an operator as is mentioned in subsection (1) or (2) above; or

• (b) such a manager as is mentioned in subsection (1) above;

but a direction given to a person by virtue of this subsection shall not take effect until he becomes such an operator or manager, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

• (9) Any person who ,without reasonable excuse,fails to comply with a direction given to him under this section shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (9A) Proceedings for an offence under subsection (9) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (10) Where a person is convicted of an offence under subsection (9) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues.

Power to require aerodrome managers to promote searches at aerodromes

13

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the manager of any aerodrome in the United Kingdom requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

• (2) The searches to which this section applies, in relation to an aerodrome, are searches—

• (a) of the aerodrome or any part of it;

• (b) of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the aerodrome; and

• (c) of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome.

• (3) Without prejudice to section 7(1) of this Act, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if a constable, or any other person specified in the direction in accordance with this section, has reasonable cause to suspect that an article to which section 4 of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other moveable property of any description which, or any person who, is for the time being in any part of the aerodrome, and for that purpose—

• (a) may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if need be by force, and

• (b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.

• (4) Any person who—

• (a) without reasonable excusefails to comply with a direction given to him under this section, or

• (b) intentionally obstructsa person acting in the exercise of a power conferred on him by subsection (3) above,

shall 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.

• (4ZA) Proceedings for an offence under subsection (4) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (4A) Where a person is convicted of an offence under subsection (4)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues.

• (5) Subsection (3) above shall have effect without prejudice to the operation, in relation to any offence under this Act—

• (a) in England and Wales, of sections 17, 24 and 24A of the Police and Criminal Evidence Act 1984 (which confer power to arrest without warrant and to enter premises for the purpose of making an arrest) or of section 3 of the Criminal Law Act 1967(use of force in making arrest etc.); or

• (b) in Scotland, of any rule of law relating to power to arrest without warrant; or

• (c) in Northern Ireland, of Articles 19, 26 and 27 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 or of section3 of the Criminal Law Act (Northern Ireland) 1967.

General power to direct measures to be taken for purposes to which Part II applies

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• (1) Subsection (1A) below applies to any person who—

• (a) is the operator of one or more aircraft registered or operating in the United Kingdom,

• (b) is the manager of an aerodrome in the United Kingdom,

• (c) occupies any land forming part of an aerodrome in the United Kingdom, or

• (d) is permitted to have access to a security restricted area of such an aerodrome for the purposes of the activities of a business carried on by him.

• (1A) Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction—

• (a) in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the United Kingdom of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction;

• (b) in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome;

• (c) in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and

• (d) in the case of a direction given to a person as a person who is permitted to have access to a security restricted area as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that area as are specified in the direction.

• (2) Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—

• (a) where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence;

• (b) where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence;

• (c) where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any aircraft in the aerodrome which is for the time being under his control; or

• (d) where the direction is given to a person as falling within subsection (1)(d) above, of guarding—

• (i) any land outside the aerodrome occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and

• (ii) any aircraft which is for the time being under his control,

for purposes to which this Part of this Act applies.

• (3) A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A direction under this section—

• (a) shall not require any search (whether of persons or of property), and

• (b) shall not require the modification or alteration of any aircraft, or of any of its apparatus or equipment, or the installation of additional apparatus or equipment, or prohibit any aircraft from being caused or permitted to fly without some modification or alteration of the aircraft or its apparatus or equipment or the installation of additional apparatus or equipment.

• (6) A direction may be given under this section to a person appearing to the Secretary of State to be about to become a person to whom subsection (1A) above applies, but a direction given to a person by virtue of this subsection shall not take effect until he becomes such a person, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

• (7) Any person—

• (a) who . . . , without reasonable excuse, fails to comply with a direction given to him under this section, or

• (b) intentionallyinterferes with any building constructed or works executed on any land in compliance with a direction under this section or with anything installed on, under, over or across any land in compliance with such a direction,

shall 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.

• (7ZA) Proceedings for an offence under subsection (7)(a) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (7A) Where a person is convicted of an offence under subsection (7)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues.

• (8) The ownership of any property shall not be affected by reason only that it is placed on or under, or affixed to, any land in compliance with a direction under this section.

Supplemental provisions with respect to directions

Matters which may be included in directions under ss. 12 to 14

15

• (1) A direction under subsection (1) of section 12 or under section 13 or 13Aof this Act may specify the minimum number of persons by whom any search to which the direction relates is to be carried out, the qualifications which persons carrying out any such search are to have, the manner in which any such search is to be carried out, and any apparatus, equipment or other aids to be used for the purpose of carrying out any such search.

• (2) A direction under subsection (2) of section 12 of this Act must require all the persons carrying out any modifications or alterations, or the installation of any additional apparatus or equipment, to be persons approved by the CAA .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A direction under section 14 of this Act may specify—

• (a) the minimum number of persons to be employed for the purposes of any measures required by the direction to be taken by the person to whom it is given, and the qualifications which persons employed for those purposes are to have, and

• (b) any apparatus, equipment or other aids to be used for those purposes.

• (5) Where a direction under any of the preceding provisions of this Part of this Act requires searches to be carried out, or other measures to be taken, by constables, the direction may require the person to whom it is given to inform the chief officer of police for the police area in which the searches are to be carried out or the other measures taken that the Secretary of State considers it appropriate that constables should be duly authorised to carry, and should carry, firearms when carrying out the searches or taking the measures in question.

• (6) Nothing in subsections (1) to (5) above shall be construed as limiting the generality of any of the preceding provisions of this Part of this Act.

• (7) In this section qualifications includes training and experience.

• (8) In the application of this section to Northern Ireland for the words in subsection (5) above from chief officer to measures taken there are substituted the words chief constable of the Royal Ulster Constabulary.

Limitations on scope of directions under ss. 12 to 14

16

• (1) Without prejudice to subsection (5) of section 15 of this Act, a direction shall not require or authorise any person to carry a firearm.

• (2) A direction shall not have effect in relation to any aircraft used in military, customs or police service.

• (3) A direction shall not have effect in relation to any aircraft of which the operator is the Government of a country outside the United Kingdom, or is a department or agency of such a Government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that Government, department or agency for such use.

• (4) A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorising the person to whom the direction was given, or any person acting as his employee or agent, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances (whether at the instance of the person to whom the direction was given or otherwise)by a constable, or its use by any other person in the exercise of a power conferred by section 7(1) or 13(3) of this Act or by any of the following provisions of this Act.

• (5) In so far as a direction requires anything to be done or not done at a place outside the United Kingdom—

• (a) it shall have effect only in relation to—

• (i) aircraft registered in the United Kingdom, or

• (ii) a requirement not to cause or permit an aircraft to fly in or into the United Kingdom unless certain things have, or have not, been done, and

• (b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.

• (6) In so far as a direction given to the manager of an aerodrome or to any person mentioned in section 14(1)(c) or (d) of this Act requires a building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the person to whom it is given any rights as against a person having—

• (a) an interest in that land, or

• (b) a right to occupy that land, or

• (c) a right restrictive of its use;

and accordingly, the direction shall not be construed as requiring the person to whom it is given to do anything which would be actionable at the suit or instance of a person having such interest or right in his capacity as a person having that interest or right.

• (7) Nothing in this section shall be construed as derogating from any exemption or immunity of the Crown in relation to the provisions of this Part of this Act.

• (8) In this section direction means a direction under section 12, 13 , 13Aor 14 of this Act.

General or urgent directions under ss. 12 and 14

17

• (1) A direction given to any person under section 12 , 13, 13A or 14of this Act need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs.

• (2) If it appears to the Secretary of State that an exception from any direction given under anyof those sections is required as a matter of urgency in any particular case he may, by a notification given (otherwise than in writing) to the person for the time being subject to the direction, authorise that person to disregard the requirements of the direction—

• (a) in relation to such aircraft or class of aircraft, in relation to such aerodrome or part of an aerodrome, in relation to such land outside an aerodrome, in relation to such activities,or in relation to such persons or property or such description of persons or property, and

• (b) on such occasion or series of occasions, or for such period,

as he may specify; and the direction shall have effect in that case subject to any exceptions so specified.

• (3) Any notification given to any person under subsection (2) above with respect to any direction shall cease to have effect (if it has not already done so)—

• (a) if a direction in writing is subsequently given to that person varying or revoking the original direction; or

• (b) if no such direction in writing is given within the period of thirty days beginning with the date on which the notification was given, at the end of that period.

• (4) Any notification given under subsection (2) above shall be regarded as given to the person to whom it is directed if it is given—

• (a) to any person authorised by that person to receive any such direction or notification;

• (b) where that person is a body corporate, to the secretary, clerk or similar officer of the body corporate; and

• (c) in any other case, to anyone holding a comparable office or position in that person’s employment.

Objections to certain directions under s. 14

18

• (1) This section applies to any direction given under section 14 of this Act which—

• (a) requires a person to take measures consisting of or including the construction, execution, alteration, demolition or removal of a building or other works; and

• (b) does not contain a statement that the measures are urgently required and that accordingly the direction is to take effect immediately.

• (2) At any time before the end of the period of thirty days beginning with the date on which a direction to which this section applies is given, the person to whom the direction is given may serve on the Secretary of State a notice in writing objecting to the direction, on the grounds that the measures specified in the direction, in so far as they relate to the construction, execution, alteration, demolition or removal of a building or other works—

• (a) are unnecessary and should be dispensed with; or

• (b) are excessively onerous or inconvenient and should be modified in a manner specified in the notice.

• (3) Where the person to whom such a direction is given serves a notice under subsection (2) above objecting to the direction, the Secretary of State 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 appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—

• (a) confirming the direction as originally given; or

• (b) confirming it subject to one or more modifications specified in the notice under this subsection; or

• (c) withdrawing the direction;

and the direction shall not take effect until it has been confirmed (with or without modifications) by a notice served under this subsection.

Operation of directions under Part II in relation to rights and duties under other laws

19

• (1) The following provisions of this section, where they refer to a direction under any of the preceding provisions of this Part of this Act, shall be construed as referring to that direction as it has effect subject to any limitation imposed on its operation—

• (a) by section 16 of this Act, or

• (b) by any exemption or immunity of the Crown;

and any reference in those provisions to compliance with such a direction shall be construed as a reference to compliance with it subject to any limitation so imposed.

• (2) In so far as any such direction requires anything to be done or not done in the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not) or contained in, or having effect by virtue of, any other Act or any rule of law; and accordingly no proceedings (whether civil or criminal) shall lie against any person in any United Kingdom court by reason of anything done or not done by him or on his behalf in compliance with such a direction.

• (3) In so far as such a direction requires anything to be done or not done at a place outside the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not); and accordingly, where such a direction is inconsistent with anything in such a contract, it shall (without prejudice to any proceedings in a court other than a United Kingdom court) be construed as requiring compliance with the direction notwithstanding that compliance would be in breach of that contract.

• (4) No proceedings for breach of contract shall lie against any person in a United Kingdom court by reason of anything done or not done by him or on his behalf at a place outside the United Kingdom in compliance with any such direction, if the contract in question is a United Kingdom contract.

• (4A) Any reference in this section to a direction under any of the preceding provisions of this Part of this Act includes a reference to an enforcement notice.

• (5) In this section United Kingdom court means a court exercising jurisdiction in any part of the United Kingdom under the law of the United Kingdom or of part of the United Kingdom, and United Kingdom contract means a contract which is either expressed to have effect in accordance with the law of the United Kingdom or of part of the United Kingdom or (not being so expressed) is a contract the law applicable to whichis the law of the United Kingdom or of part of the United Kingdom.

Inspection of aircraft and aerodromes

20

• (1) For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of the preceding provisions of this Part of this Act, or of ascertaining whether any such direction or any enforcement notice is being or has been complied with, an authorised person shall have power, on production (if required) of his credentials, to inspect—

• (a) any aircraft registered or operating in the United Kingdom, at a time when it is in the United Kingdom, or

• (b) any part of any aerodrome in the United Kingdom or

• (c) any land outside an aerodrome which is occupied for the purposes of a business by a person who—

• (i) also occupies (or appears to the authorised person to be about to occupy) land within an aerodrome for the purposes of that business, or

• (ii) is permitted (or appears to the authorised person to be about to be permitted) to have access to a security restricted area of an aerodrome for the purposes of the activities of that business.

• (2) An authorised person inspecting an aircraft , any part of an aerodrome or any land outside an aerodrome under subsection (1) above shall have power—

• (a) to subject any property found by him in the aircraft (but not the aircraft itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the aerodrome or any property found by him there or on that land, to such tests, or

• (aa) to take such steps—

• (i) to ascertain what practices or procedures are being followed in relation to security, or

• (ii) to test the effectiveness of any practice or procedure relating to security,

• (b) to require the operator of the aircraft, the manager of the aerodrome or the occupier of the land, to furnish to him such information,

as the authorised person may consider necessary for the purpose for which the inspection is carried out.

• (3) Subject to subsection (4) below, an authorised person, for the purpose of exercising any power conferred on him by the preceding provisions of this section in relation to an aircraft , in relation to an aerodrome or in relation to any land outside an aerodrome, shall have power—

• (a) for the purpose of inspecting an aircraft, to enter it and to take all such steps as are necessary to detain it, or

• (b) for the purpose of inspecting any part of an aerodrome, to enter any building or works in the aerodrome or enter upon any land in the aerodrome or

• (c) for the purpose of inspecting any land outside an aerodrome, to enter upon the land and to enter any building or works on the land.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The powers conferred by subsection (3) above shall not include power for an authorised person to use force for the purpose of entering any aircraft, building or works or entering upon any land.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any person who—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . , without reasonable excuse, fails to comply with a requirement imposed on him under subsection (2)(b) above, or

• (c) in furnishing any information so required, 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,

shall 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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air navigation installations

Application of provisions of Part II to air navigation installations

21

• (1) Sections 11, 13, 13A,14, 15, 16 and 20 of this Act shall have effect in relation to air navigation installations in the United Kingdom in accordance with the following provisions of this section.

• (2) In relation to any such air navigation installation which does not form part of an aerodrome, those sections shall have effect, subject to subsection (5) below, as if in them any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference to the authority responsible for such an air navigation installation.

• (3) Where an air navigation installation forms part of an aerodrome in the United Kingdom, those sections shall have effect, subject to subsection (5) below, as if in them any reference to an aerodrome were a reference either—

• (a) to an aerodrome, or

• (b) to an air navigation installation which forms part of an aerodrome, or

• (c) to so much of an aerodrome as does not consist of an air navigation installation;

and accordingly a notice under section 11 of this Act or a direction under section 13 or 14 of this Act may be served or given either in respect of the whole of the aerodrome, or in respect of the air navigation installation separately, or in respect of so much of the aerodrome as does not consist of an air navigation installation.

• (4) For the purposes—

• (a) of the service of a notice or the giving of a direction under section 11, 13 or 14 of this Act as modified by subsection (3) above, where the notice is to be served or the direction given in respect of an air navigation installation separately, and

• (b) of the operation of section 16 (6) of this Act in relation to a direction so given,

any reference in any of those sections to the manager of the aerodrome shall be construed as a reference to any person who is either the manager of the aerodrome or the authority responsible for the air navigation installation.

• (5) Subsections (2) and (3) above shall not apply to section 13(3) of this Act; but where a direction given under section 13 of this Act, as applied or modified by the preceding provisions of this section, is for the time being in force—

• (a) if it is a direction given in respect of an air navigation installation separately (whether that installation forms part of an aerodrome or not), the said section 13 (3) shall have effect in relation to that direction as if the air navigation installation were an aerodrome and, where the direction was given to the authority responsible for the air navigation installation, as if it had been given to the manager of that aerodrome;

• (b) if it is a direction given in respect of so much of an aerodrome as does not consist of an air navigation installation, the said section 13 (3) shall have effect in relation to that direction as if any air navigation installation comprised in the aerodrome did not form part of the aerodrome.

• (6) A direction under section 14 of this Act, as applied or modified by the preceding provisions of this section, may be given to the authority responsible for one or more air navigation installations so as to relate , either—

• (a) to all air navigation installations in the United Kingdom for which it is responsible at the time when the direction is given or at any subsequent time, or

• (b) only to one or more such air navigation installations, or to a class of such air navigation installations, specified in the direction.

• (7) Any reference in section 14A, 16A, 17, 17A, 18 (1) , 18A, 18B, 18Eor 19 (1) of this Act to a direction given under a provision therein mentioned shall be construed as including a reference to a direction given under that provision as applied or modified by the preceding provisions of this section.

• (8) Notwithstanding anything in subsection (2)(a) of section 20 of this Act, a person inspecting an air navigation installation under that section (or under that section as applied or modified by the preceding provisions of this section) shall not be empowered thereby to test any apparatus or equipment which constitutes or forms part of the air navigation installation.

Miscellaneous supplemental provisions

Compensation in respect of certain measures taken under Part II

22

• (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.

Annual report by Secretary of State as to notices and directions under Part II

23

• (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.

Service of documents

24

• (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.

Part III — Policing of Aerodromes

Designated airports

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of police functions at designated airports

26

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of theft at designated airports

27