Aviation Security Act 1982

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any relevant constable may—

• (a) stop any person who is leaving a cargo area in a relevant aerodrome and inspect any goods carried by that person;

• (b) stop and search any vehicle or aircraft which is leaving any such area and inspect the vehicle or aircraft and any goods carried on or in it; and

• (c) detain in the area—

• (i) any such goods as aforesaid for which there is not produced a document authorising their removal from the area signed by a person authorised in that behalf by the manager of the aerodrome; and

• (ii) any such vehicle or aircraft as aforesaid so long as there are on or in it goods liable to detention under this paragraph.

• (3) Nothing in subsection (2) above shall be construed as conferring a power to search any person.

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section cargo area means, subject to subsection (7) below, any area which appears to the Secretary of State to be used wholly or mainly for the storage or handling of cargo in an aerodrome and is designated by an order made by him for the purposes of this section.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Any power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) The powers conferred by this section on a relevant constable are without prejudice to any powers exercisable by him apart from this section.

Byelaws for designated airports

28

• (1) So long as any aerodrome is a relevant aerodrome any power of the manager of the aerodrome to make aerodrome byelaws shall, if it would not otherwise do so—

• (a) extend to the making of byelaws in respect of the whole of the aerodrome; and

• (b) include power to make byelaws requiring any person, if so requested by a relevant constable, to leave the aerodrome or any particular part of it or to state his name and address and the purpose of his being on the aerodrome.

• (2) A relevant constable may remove from any relevant aerodrome , or from any part of it—

• (a) any person who, in contravention of any aerodrome byelaws, fails or refuses to leave the aerodrome or part after being requested by the constable to do so;

• (b) any vehicle, animal or thing brought to or left within the aerodrome or part in contravention of any aerodrome byelaws and any vehicle, animal or thing likely to cause danger or obstruction.

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

Control of road traffic at designated airports

29

• (1) So long as any aerodrome is a relevant aerodrome, the functions of a chief officer of police under any provisions applying in relation to the aerodrome under section 65 of the Airports Act 1986(application to certain aerodromes of provisions relating to road traffic) shall, notwithstanding any order under that section, be exercisable by that officer to the exclusion of the chief officer of any aerodrome constabulary; and for the purposes of any functions of a chief officer of police under those provisions any part of the aerodrome which is not within the relevant police area shall be treated as if it were.

• (2) In the application of this Part to Scotland and Northern Ireland, so long as any aerodrome is a relevant aerodrome—

• (a) traffic wardens appointed by the police authority for the relevant police area . . . may exercise their functions on the aerodrome and shall be entitled, as against the manager of the aerodrome, to enter the aerodrome accordingly;

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

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

Supplementary orders

30

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

Interpretation and application of Part III to Scotland and Northern Ireland

31

• (1) In this Part of this Act, subject to the following provisions of this section—

• aerodrome byelaws means, in relation to any aerodrome, byelaws having effect under any enactment authorising the manager of the aerodrome to make byelaws in respect of the whole or any part of the aerodrome;

• aerodrome constabulary means, in relation to any aerodrome, any body of constables which the manager of the aerodrome has power to maintain at the aerodrome;

• “ aerodrome security plan ”, in relation to any aerodrome, has the same meaning as in Part 2A;

• ...

• “ dispute about the policing of a relevant aerodrome ” has the meaning given by section 29A(2);

• “ immigration officer ” means a person who is an immigration officer within the meaning of the Immigration Act 1971;

• ...

• “ police services agreement ” has the meaning given by section 25B(3) of this Act (but this is subject to section 29D(3) of this Act);

• “ relevant aerodrome ” has the meaning given by section 25AA;”

• “ the relevant persons ” has the meaning given by section 25B(4) of this Act , as read with subsection (1ZA) below ;

• “ the relevant persons ”, in relation to an aerodrome, means— the manager of the aerodrome,the police authority for the relevant police area, andthe chief officer of police for that area.

• relevant police area and relevant constable, in relation to any aerodrome, mean respectively the police area in which the aerodrome is wholly or mainly situated and any constable under the direction and control of the chief officer of police for that area.

• “security executive group” and “security measures” have the same meaning as in Part 2A;

• (1ZA) In relation to a dispute about payments to be made which is within section 29A(2)(d) and concerns an aerodrome in England or Wales, “ relevant persons ” includes the local policing body for the relevant police area.

• (1A) If an aerodrome ceases to be a relevant aerodrome, but subsequently becomes such an aerodrome again, this Part applies in relation to the aerodrome with the following modifications—

• (a) section 25B(2) applies as if the reference to the first aerodrome security plan were a reference to the first aerodrome security plan after the time when the aerodrome becomes a relevant aerodrome again,

• (b) section 25C applies as if the reference in subsection (2) to the first police services agreement were a reference to the first police services agreement after the time when the aerodrome becomes a relevant aerodrome again, and

• (c) section 26(2CA) applies as if the reference to the time when an aerodrome security plan is first required to be in force were a reference to the time when an aerodrome security plan is first required to be in force by virtue of the aerodrome becoming a relevant aerodrome again.

• (2) In the application of this Part to Scotland—

• (a) references to the chief officer of police for the relevant police area shall be construed as references to the chief constable of the Police Service of Scotland,

• (b) references to the police authority for the relevant police area shall ... be construed as references to the Scottish Police Authority , and

• (c) references in any provision to the police force for a police area are to be construed as references to the Police Service of Scotland.

• (3) In the application of this Part of this Act to Northern Ireland—

• (a) the reference in subsection (1) above to constables or any constable under the direction and control of the chief officer of police for the area there mentioned shall be construed as references to members or any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;

• (b) references in other provisions to a chief officer of police shall be construed as references to the Chief Constable of the Royal Ulster Constabulary; and

• (c) references in any provision to the police authority or police force for a police area shall be construed respectively as references to the Northern Ireland Policing Board and the Royal Ulster Constabulary.

Part IV — The Aviation Security Fund

The Aviation Security Fund

32

• (1) There shall continue to be, under the control and management of the Secretary of State, a fund called the Aviation Security Fund out of which payments shall be made in accordance with this section.

• (2) The Secretary of State may, out of the Aviation Security Fund, reimburse to any person who is—

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

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

• (c) the authority responsible for an air navigation installation in the United Kingdom, or

• (d) a person to whom a direction has been or could be given by the Secretary of State under section 14 of this Act by virtue of subsection (1)(c) or (d) of that section,

the whole or part of any expenses which, for purposes to which Part II of this Act applies, have, in the case of a person mentioned in paragraph (a), (b) or (c) above, been at any time on or after 1st June 1972 or, in the case of a person mentioned in paragraph (d) above, been at any time after the passing of the Aviation and Maritime Security Act 1990, incurred or may, in any case, be incurred by any such person in relation to those aircraft, to that aerodrome or air navigation installation or to the land or activities concerned,as the case may be, whether or not the expenses have been or are incurred in consequence of a direction given under Part II of this Act.

• (3) For the purposes of this section any expenses incurred in paying compensation under section 22 of this Act shall be treated as being expenses incurred as mentioned in subsection (2) above.

• (4) The Secretary of State may, out of the Aviation Security Fund, reimburse to the manager of an aerodrome such part as he may determine of—

• (a) any payments made or other expenses incurred by the manager under section 26(3) of this Act;

• (b) any payments made by the manager by virtue of any order under section 30 of this Act.

• (5) If the Secretary of State certifies that any payment which, but for this subsection, would be paid out of the Aviation Security Fund under the preceding provisions of this section is of an exceptional nature, that payment may, with the consent of the Treasury, be paid out of money provided by Parliament instead of out of the Fund.

• (6) Any money in the Aviation Security Fund which appears to the Secretary of State not to be immediately required for the purposes of the Fund may be deposited by him with the Bank of England or with a recognised bank or licensed institution within the meaning of the Banking Act 1979, and any interest received by the Secretary of State in respect of money so deposited shall be paid by him into the Fund.

• (7) There shall be paid out of the Aviation Security Fund into the Consolidated Fund sums equal to the amount of any expenses incurred by the Secretary of State in the management and control of the first-mentioned Fund.

Contributions to the Fund

33

• (1) The Secretary of State may make regulations containing such provisions as he considers appropriate for requiring managers of aerodromes to pay him, in respect of all aerodromes or of aerodromes of a prescribed class, contributions to the Aviation Security Fund calculated in accordance with the following provisions of this section.

• (2) Those contributions shall be payable in respect of prescribed periods and the contribution payable for any aerodrome in respect of each such period shall be one of the following amounts, or if the regulations so provide, the aggregate of those amounts, that is to say—

• (a) an amount ascertained by multiplying a prescribed sum by the number of passengers, or passengers of a prescribed description, who during that period arrived by air at or departed by air from that aerodrome or the number of such passengers in excess of a prescribed limit;

• (b) an amount ascertained by multiplying a prescribed sum by the total prescribed units of weight of each aircraft, or aircraft of a prescribed description, which during that period arrived at or departed from that aerodrome.

• (3) Without prejudice to the generality of subsection (1) above, regulations under this section may—

• (a) prescribe the time when any contribution is to be paid;

• (b) charge interest at a rate prescribed with the consent of the Treasury on so much of any contribution as is overdue;

• (c) require managers of aerodromes, in relation to the aerodromes under their management, to furnish the Secretary of State with such information, to keep such records and to make such returns to him about the matters mentioned in subsection (2) above as may be prescribed;

• (d) provide that contravention of any prescribed provision of the regulations (other than a failure to pay a contribution or interest on any overdue contribution) shall be an offence, either triable on indictment or summarily or triable only summarily, and punishable in each case with a fine, not exceeding, in the case of a summary conviction—

• (i) in Great Britain, the statutory maximum if the offence is also triable on indictment or £1,000 if it is not;

• (ii) in Northern Ireland, £1,000;

• (e) make such incidental, supplemental and transitional provision as the Secretary of State thinks fit; and

• (f) make different provision for different cases.

• (4) The Secretary of State shall pay into the Aviation Security Fund all money received by him by virtue of regulations made under this section.

• (5) The power to make regulations under this section shall be exercisable by statutory instrument; and regulations shall not be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

• (6) In this section prescribed means prescribed by regulations under this section.

Financing of the Fund: borrowing

34

Accounts of the Fund

35

Power to wind up the Fund

36

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) On such day as is declared by the Secretary of State by order to be that on which the winding up was completed sections 32(1), (5), (6) and (7) and 33 of this Act shall cease to have effect, and as from that day subsections (2) and (4) of section 32 of this Act shall have effect as if—

• (a) all payments under those subsections fell to be defrayed out of money provided by Parliament, instead of out of the Aviation Security Fund; and

• (b) the consent of the Treasury were required for all such payments.

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

Part V — Miscellaneous and General

Offences by bodies corporate

37

• (1) Where an offence under this Act (including any provision of Part II as applied by regulations made under section 21F of this Act) or under regulations made under section 21G.of this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Interpretation etc.

38

• (1) In this Act, except in so far as the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• aerodrome means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 and (if and so far as not comprised in an aerodrome as defined in that Act) any land, building or works situated within the boundaries of an area designated, by an order made by the Secretary of State which is for the time being in force, as constituting the area of an aerodrome for the purposes of this Act;

• air navigation installation means any building, works, apparatus or equipment used wholly or mainly for the purpose of assisting air traffic control or as an aid to air navigation, together with any land contiguous or adjacent to any such building, works, apparatus or equipment and used wholly or mainly for purposes connected therewith;

• aircraft registered or operating in the United Kingdom means any aircraft which is either—

• (a) an aircraft registered in the United Kingdom, or

• (b) an aircraft not so registered which is for the time being allocated for use on a flight any part of which is in the United Kingdom;

• article includes any substance, whether in solid or liquid form or in the form of a gas or vapour;

• constable includes any person having the powers and privileges of a constable;

• explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him;

• firearm includes an airgun or air pistol;

• manager, in relation to an aerodrome, means the person (whether . . . the Civil Aviation Authority, a local authority or any other person) by whom the aerodrome is managed;

• military service includes naval and air force service;

• measures (without prejudice to the generality of that expression) includes the construction, execution, alteration, demolition or removal of buildings or other works and also includes the institution or modification, and the supervision and enforcement, of any practice or procedure;

• operator has the same meaning as in the Civil Aviation Act 1982;

• property includes any land, buildings or works, any aircraft or vehicle and any baggage, cargo or other article of any description;

• . . .

• United Kingdom national means an individual who is—

• (a) a British citizen, a British Dependent Territories citizen , a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 is a British subject; or

• (c) a British protected person (within the meaning of that Act).

• (1A) Subject to subsection (1D), a reference in this Act to an aircraft includes a reference to a medium-range rocket.

• (1B) In subsection (1A) “rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant).

• (1C) For the purposes of subsection (1A) a rocket is a “medium-range” rocket if—

• (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but

• (b) it is not capable of operating above the stratosphere.

• (1D) The Secretary of State may by order—

• (a) provide that subsection (1A) does not apply to any specified provisions of this Act;

• (b) provide for any provision of this Act, as it has effect by virtue of subsection (1A), to apply with specified modifications.

• (2) For the purposes of this Act—

• (a) in the case of an air navigation installation provided by, or used wholly or mainly by, the Civil Aviation Authority, that Authority, and

• (b) in the case of any other air navigation installation, the person by whom it is provided, or by whom it is wholly or mainly used,

shall be taken to be the authority responsible for that air navigation installation.

• (3) For the purposes of this Act—

• (a) the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board; and

• (b) an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the aircraft for a flight and ends 24 hours after the aircraft lands having completed that flight, and also at any time (not falling within that period) while, in accordance with the preceding paragraph, the aircraft is in flight,

and anything done on board an aircraft while in flight over any part of the United Kingdom shall be treated as done in that part of the United Kingdom.

• (4) For the purposes of this Act the territorial waters adjacent to any part of the United Kingdom shall be treated as included in that part of the United Kingdom.

• (5) Any power to make an order under subsection (1) or (1D) above shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Any power to give a direction under any provision of this Act shall be construed as including power to revoke or vary any such direction by a further direction . . . .

• (7) Subject to section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), Part I of this Act shall not be construed as—

• (a) conferring a right of action in any civil proceedings in respect of any contravention of this Act, or

• (b) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

• (8) References in this Act to enactments (including the reference to Acts in section 30(2)(a) of this Act) shall include references to Northern Ireland enactments, that is to say, to any enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly, and without prejudice to the provisions of the Interpretation Act 1978, in the application of this Act to Northern Ireland, any reference to a Northern Ireland enactment or to an enactment which the Parliament of Northern Ireland had power to amend—

• (a) shall be construed as including a reference to any Northern Ireland enactment passed after this Act and re-enacting the said enactment with or without modifications, and

• (b) shall, except in so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and as including a reference thereto as extended or applied by or under any other enactment, including this Act.

Extension of Act outside United Kingdom

39

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Subsection (4) of section 26 of the Merchant Shipping and Maritime Security Act 1997 (power to extend provisions about piracy to Isle of Man, Channel Islands and colonies) shall apply to section 5 of this Act as it applies to the provisions mentioned in that subsection.

• (3) Her Majesty may by Order in Council make provision for extending any of the provisions of Part 2A or this Act (other than the provisions to which subsection (1) or (2) above applies and the provisions of Part III) with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man, any colony, . . .

• (4) Except in pursuance of subsection (1), . . .or (3) above, the provisions of this Act and, in particular, the repeal of the provisions which those subsections re-enact do not affect the law of any country or territory outside the United Kingdom.

Consequential amendments, savings and repeals

40

• (1) Schedule 2 to this Act (which contains consequential amendments and savings) shall have effect; and the provisions of that Schedule are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).

• (2) Subject to the provisions of Schedule 2 to this Act, the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of Schedule 3.

Short title and commencement

41

• (1) This Act may be cited as the Aviation Security Act 1982.

• (2) This Act shall come into force on the expiration of the period of three months beginning with its passing.

SCHEDULE 1

1

This Schedule applies to compensation under section 22 of this Act (in this Schedule referred to as the relevant section).

2

No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the relevant section (or in accordance with regulations made under the following provisions of this Schedule) serves on the person by whom the measures in question were taken a notice in writing claiming compensation under that section, and that notice is served before the end of the period of two years from the completion of the measures.

3

In relation to any measures taken by any person on land outside an aerodrome or air navigation installation, any reference in the relevant section to a direction or enforcement notice, or to compliance with a direction or enforcement notice, shall be construed as if subsection (6) of section 16 of this Act were omitted.

4

In calculating value for any of the purposes of the relevant section—

• (a) rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961 shall apply with the necessary modifications, and

• (b) if the interest to be valued is subject to a mortgage, it shall be treated as if it were not subject to the mortgage.

5

Regulations made by the Secretary of State by statutory instrument may make provision—

• (a) requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the relevant section;

• (b) as to the application of any compensation to which this Schedule applies, or any part of it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, to a feuduty or ground annual or to the purposes of a trust, or which was so subject at a time specified in the regulations; or

• (c) as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.

6

A statutory instrument containing regulations made under paragraph 5 of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7

Any dispute arising under the relevant section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the Upper Tribunal.

8

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

9

In the application of this Schedule to Scotland—

• (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed as a reference to section 12 of the Land Compensation (Scotland) Act 1963, and

• (b) the reference in paragraph 7 to the Upper Tribunal shall be construed as a reference to the Lands Tribunal for Scotland.

10

In the application of this Schedule to Northern Ireland—

• (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the Land Compensation (Northern Ireland) Order 1982 (which confines the operation of that Order to matters within the legislative competence of the Parliament of Northern Ireland), as a reference to Article 6(1) of that Order; and

• (b) the reference in paragraph 7 to the Upper Tribunal shall be construed as a reference to the Lands Tribunal for Northern Ireland.

11

In this Schedule mortgage includes any charge or lien on any property for securing money or money’s worth, and any heritable security within the meaning of section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970.

SCHEDULE 2

Periods running at commencement

1

Where any period of time specified in or for the purposes of any enactment re-enacted by this Act is current at the commencement of this Act, this Act shall have effect as if the provision of this Act re-enacting that enactment had been in force when that period began to run.

Past offences

2

This Act (and, in particular, the following provisions of this Schedule) shall not affect the law applicable to, or to proceedings in respect of, an offence committed before the commencement of this Act under any enactment repealed by this Act.

The Visiting Forces Act 1952

3

Section 3 of the Visiting Forces Act 1952, as amended by the Protection of Aircraft Act 1973, shall, after the commencement of this Act, continue to have effect as so amended notwithstanding the repeal of the said Act of 1973 but subject to the substitution in subsection (1)—

• (a) for the words section 1(4)(b) of the Hijacking Act 1971 of the words section 6(2)(a) of the Aviation Security Act 1982;

• (b) for the words section 1 or section 2 of the Protection of Aircraft Act 1973 of the words section 2 or section 3 of that Act; and

• (c) for the words section 3(1) of the words section 6(2)(b) and (c).

The Protection of Aircraft Act 1973

4

Where before the commencement of this Act any land, building or works was or were, by virtue of an order under section 26 of the Protection of Aircraft Act 1973, included in an aerodrome for the purposes of that Act, the land, building or works shall, to the extent that that order has effect on or after the commencement of this Act, be treated as included in that aerodrome not only for the purposes of the provisions of this Act re-enacting provisions of that Act but also for the purposes of the other provisions of this Act.

The Criminal Jurisdiction Act 1975

5

In paragraph 11 of Schedule 1 to the Criminal Jurisdiction Act 1975, for the words the Hijacking Act 1971 there shall be substituted the words “ the Aviation Security Act 1982 ”.

The Northern Ireland (Emergency Provisions) Act 1978

6

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

The Suppression of Terrorism Act 1978

7

For paragraphs 18 and 19 of Schedule 1 to the Suppression of Terrorism Act 1978 there shall be substituted the following paragraph—

(18) An offence under Part I of the Aviation Security Act 1982 (other than an offence under section 4 or 7 of that Act)

.

The British Nationality Act 1981

8

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

SCHEDULE 3

Hijacking.

Purposes to which Part II applies.

11A

• (1) The manager of an aerodrome in the United Kingdom may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the aerodrome as a security restricted area for the purposes of this Part of this Act.

• (2) Where the aerodrome includes an air navigation installation, the manager—

• (a) shall, before making any application under subsection (1) above, consult the authority responsible for the air navigation installation, and

• (b) shall send a copy of the application to that authority.

• (3) An application under subsection (1) above shall be in such form, and accompanied by such plans, as the Secretary of State may require.

• (4) If the Secretary of State approves an application under subsection (1) above, with or without modifications, he shall designate the security restricted area accordingly.

• (4A) Before approving an application without modifications the Secretary of State shall consult the CAA.

• (5) Before approving an application with modifications, the Secretary of State shall consult—

• (za) the CAA ,

• (a) the manager of the aerodrome, and

• (b) the authority responsible for any air navigation installation which forms part of the aerodrome.

• (6) If the manager of an aerodrome is requested in writing by the Secretary of State to make an application under subsection (1) above within a specified period but fails to do so within that period, the Secretary of State may designate the whole or any part of the aerodrome as a security restricted area .

• (7) The whole or any part of the aerodrome may be designated as a security restricted area , or part of a security restricted area , for specified days or times of day only.

• (8) The Secretary of State shall give notice of any designation under this section to—

• (za) the CAA ,

• (a) the manager of the aerodrome, and

• (b) the authority responsible for any air navigation installation which forms part of the aerodrome,

and the designation of the security restricted area shall take effect on the giving of the notice.

• (9) In relation to an air navigation installation in the United Kingdom which does not form part of an aerodrome, this section has effect as if 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.

• (10) Where the whole or any part of an aerodrome has been designated under this section as a security restricted area —

• (a) subsections (1) to (9) above also have effect in relation to any variation of the designation, and

• (b) the designation may at any time be revoked by the Secretary of State.

13A

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who—

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

• (b) 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,

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 are—

• (a) in relation to a person falling within subsection (1)(a) above, searches—

• (i) of the land which he occupies within the aerodrome, and

• (ii) of persons or property which may at any time be on that land; and

• (b) in relation to a person falling within subsection (1)(b)above, searches—

• (i) of any land which he occupies outside the aerodrome for the purposes of his business, and

• (ii) of persons or property which may at any time be on that land.

• (3) 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.

• (3A) Proceedings for an offence under subsection (3) 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.

• (4) Where a person is convicted of an offence under subsection (3) 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.

18A

• (1) Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 12, 13, 13A or 14 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an enforcement notice)—

• (a) specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and

• (b) specifying, subject to section 18B of this Act, the measures that ought to be taken in order to comply with those requirements.

• (2) For the purposes of this section a requirement of a direction given by the Secretary of State under section 12, 13, 13A or 14 of this Act is a general requirement if the provision imposing the requirement—

• (a) has been included in two or more directions given to different persons (whether or not at the same time), and

• (b) is framed in general terms applicable to all the persons to whom those directions are given.

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

• (4) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice.

• (5) Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice.

18B

• (1) An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Secretary of State under the provision under which the direction was given.

• (2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the direction.

• (3) Subject to subsection (4) below, an enforcement notice which relates to a direction given under section 12 of this Act must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken.

• (4) In serving an enforcement notice which relates to a direction under section 12(2) of this Act, the authorised person shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified.

• (5) An enforcement notice which relates to a direction given under section 13, 13A or 14 of this Act must either—

• (a) require the person to whom the direction was given to take the specified measures within a specified period which—

• (i) where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than thirty days beginning with the date of service of the notice, and

• (ii) in any other case, must not be less than seven days beginning with that date; or

• (b) require him not to do specified things, or cause or permit specified things to be done, until the specified measures have been taken.

• (6) Subject to section 18E(2) of this Act, an enforcement notice requiring a 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.

18C

• (1) Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him 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.

• (2) Where a person is convicted of an offence under subsection (1) 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.

• (3) Any person who intentionally interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such notice 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.

18D

• (1) The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.

• (2) Any notice of objection under subsection (1) above must be served—

• (a) where the enforcement notice specifies measures falling within section 18B(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or

• (b) in any other case, before the end of the period of seven days beginning with that date.

• (3) The grounds of objection to an enforcement notice are—

• (a) that the general requirements of the direction which are specified in the notice for the purposes of section 18A(1)(a) of this Act have been complied with,

• (b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or

• (c) that any requirement of the notice—

• (i) is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or

• (ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above.

• (3A) On receipt of an objection to an enforcement notice under subsection (1) the Secretary of State must—

• (a) give a copy of the objection to the authorised person who served the enforcement notice and the CAA ,

• (b) consider the objection,

• (c) allow the person making the objection and the authorised person who served the enforcement notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State,

• (d) give a decision notice to the person who made the objection, and

• (e) give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA.

• (4) In this section “ decision notice ” means a notice in writing either —

• (a) confirming the enforcement notice as originally served, or

• (b) confirming it subject to one or more modifications specified in the decision notice, or

• (c) cancelling the enforcement notice.

• (5) An enforcement notice to which an objection has been made under subsection (1) above —

• (a) if it contains such a requirement as is mentioned in section 18B(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a decision notice , and

• (b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above.

18E

• (1) An enforcement notice served on any person—

• (a) may be revoked by a notice served on him by an authorised person, and

• (b) may be varied by a further enforcement notice.

• (2) Sections 15 and 16 of this Act apply to an enforcement notice as they apply to the direction to which the notice relates.

• (3) 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 an enforcement notice.

• (4) Where an authorised person has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorised person, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 12(9), 13(4), 13A(3) or 14(7) of this Act, to have failed to comply with the direction by reason of the matters specified in the notice.

• (5) Subsection (4) above does not apply in relation to any proceedings commenced before the service of the enforcement notice.

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

• (7) In this section direction means a direction under section 12, 13, 13A or 14 of this Act.

20A

• (1) In this section aviation security service means a process or activity carried out for the purpose of—

• (a) complying with a requirement of a direction under any of sections 12 to 14, or

• (b) facilitating a person’s compliance with a requirement of a direction under any of those sections.

• (2) Regulations may provide for the CAA to maintain a list of persons who are approved by it for the provision of a particular aviation security service.

• (3) The regulations may—

• (za) provide for approval to be given, and persons to be listed, in respect of the provision of the aviation security service generally or only at a particular location;

• (a) prohibit the provision of an aviation security service by a person who is not listed in respect of the provision of that service generally or at the relevant location ;

• (b) prohibit the use or engagement for the provision of an aviation security service of a person who is not listed in respect of the provision of that service generally or at the relevant location ;

• (c) create a criminal offence;

• (d) make provision about application for inclusion in the list (including provision about fees);

• (da) make provision about factors to be taken into account when deciding whether to grant an application;

• (e) make provision about the duration and renewal of entries on the list (including provision about fees);

• (ea) make provision for employees of persons who are listed in respect of the provision of an aviation security service generally or at a particular location to be treated as listed in respect of the provision of that service generally or at that location (as appropriate) in specified circumstances;

• (f) make provision about training or qualifications which persons who apply to be listed or who are listed , or employees of such persons, are required to undergo or possess;

• (fa) make provision about other conditions with which persons who apply to be listed or who are listed, or employees of such persons, must comply;

• (g) make provision about removal from the list ...;

• (h) make provision about the inspection of activities carried out by listed persons;

• (i) confer functions on the CAA , on the Secretary of State or on a specified person;

• (j) confer jurisdiction on a court.

• (3A) The regulations must—

• (a) include provision for appeals against the refusal of applications for inclusion in a list,

• (b) include provision for appeals against removal from a list, and

• (c) if they make provision described in subsection (3)(f) or (fa), include provision for appeals against the conditions.

• (4) Regulations under subsection (3)(c)—

• (a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

• (b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

• (c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

• (5) A direction under any of sections 12 to 14 may—

• (a) include a requirement to use a listed person for the provision of an aviation security service;

• (b) provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides an aviation security service.

• (5A) In subsection (5) “ listed person ”, in relation to an aviation security service, means a person who is listed in respect of the provision of that service generally or at the relevant location.

• (6) 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,

• (d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

• (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Detention of aircraft

20B

• (1) An authorised person may give a detention direction in respect of an aircraft if he is of the opinion that—

• (a) a person has failed to comply or is likely to fail to comply with a requirement of a direction under section 12 or 14 of this Act in respect of the aircraft,

• (b) a person has failed to comply with a requirement of an enforcement notice in respect of the aircraft,

• (c) a threat has been made to commit an act of violence against the aircraft or against any person or property on board the aircraft, or

• (d) an act of violence is likely to be committed against the aircraft or against any person or property on board the aircraft.

• (2) A detention direction in respect of an aircraft—

• (a) shall be given in writing to the operator of the aircraft, and

• (b) shall require him to take steps to ensure that the aircraft does not fly while the direction is in force.

• (2A) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act gives a detention direction, the Secretary of State must give the CAA a copy of the direction.

• (2B) Where a person authorised in writing by the CAA for the purposes of this Part of this Act gives a detention direction, the CAA must give the Secretary of State a copy of the direction.

• (3) An authorised person who has given a detention direction in respect of an aircraft may do anything which he considers necessary or expedient for the purpose of ensuring that the aircraft does not fly while the direction is in force; in particular, the authorised person may—

• (a) enter the aircraft;

• (b) arrange for another person to enter the aircraft;

• (c) arrange for a person or thing to be removed from the aircraft;

• (d) use reasonable force;

• (e) authorise the use of reasonable force by another person.

• (4) The operator of an aircraft in respect of which a detention direction is given may object to the direction in writing to the Secretary of State.

• (5) On receipt of an objection to a detention direction under subsection (4) the Secretary of State shall—

• (za) give a copy of the objection to the authorised person who gave the direction and the CAA ,

• (a) consider the objection,

• (b) allow the person making the objection and the authorised person who gave the direction an opportunity to make written or oral representations to the Secretary of State or to a person appointed by him,

• (c) confirm, vary or cancel the direction, ...

• (d) give notice of his decision in writing to the person who made the objection ... , and

• (e) give a copy of the notice to the authorised person who gave the direction and the CAA.

• (6) A detention direction in respect of an aircraft shall continue in force until—

• (a) an authorised person cancels it by notice in writing to the operator of the aircraft, or

• (b) the Secretary of State cancels it under subsection (5)(c).

• (7) A person commits an offence if—

• (a) without reasonable excuse he fails to comply with a requirement of a detention direction, or

• (b) he intentionally obstructs a person acting in accordance with subsection (3).

• (8) A person who is guilty of an offence under subsection (7) shall be liable—

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

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

• (9) A detention direction may be given in respect of—

• (a) any aircraft in the United Kingdom, and

• (b) any aircraft registered or operating in the United Kingdom.

• (10) A detention direction may be given in respect of a class of aircraft; and for that purpose—

• (a) a reference to the aircraft in subsection (1) shall be treated as a reference to all or any of the aircraft within the class, and

• (b) subsections (2) to (9) shall apply as if the direction were given in respect of each aircraft within the class.

Offences relating to security at aerodromes etc.

21A

• (1) Subject to subsection (3) below, a person commits an offence if, in answer to a question which—

• (a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by a civil aircraft registered or operating in the United Kingdom, and

• (b) is put to him for purposes to which this Part of this Act applies—

• (i) by any of the persons mentioned in subsection (2) below,

• (ii) by any employee or agent of such a person in his capacity as employee or agent, or

• (iii) by a constable,

he 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.

• (2) The persons referred to in subsection (1)(b) above are—

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

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

• (c) any person who—

• (i) 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, and

• (ii) has control in that security restricted area over the baggage, cargo or stores to which the question relates.

and

• (d) any air cargo agent who is included on the list of security approved air cargo agents maintained by the Secretary of State pursuant to regulations made under section 21F of this Act.

• (3) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 20(2)(aa) of this Act.

• (4) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (5) In this section—

• cargo includes mail;

• civil aircraft has the same meaning as in section 3 of this Act; and

• stores means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.

21B

• (1) Subject to subsection (4) below, a person commits an offence if—

• (a) for the purpose of, or in connection with, an application made by him or another for the issue of an identity document to which this subsection applies, or

• (b) in connection with the continued holding by him or another of any such document which has already been issued,

he makes to any of the persons specified in subsection (3) below, to any employee or agent of such a person or to a constable, a statement which he knows to be false in a material particular, or recklessly makes to any of those persons, to any such employee or agent or to a constable, a statement which is false in a material particular.

• (2) Subsection (1) above applies to any identity document which is to be or has been issued by any of the persons specified in subsection (3) below in accordance with arrangements the maintenance of which is required by a direction given by the Secretary of State under section 14 of this Act.

• (3) The persons referred to in subsection (1) above are—

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

• (b) the authority responsible for an air navigation installation in the United Kingdom,

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

• (d) any person who is 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 carried on by him.

and

• (e) any air cargo agent who is included on the list of security approved air cargo agents maintained by the Secretary of State pursuant to regulations made under section 21F of this Act.

• (4) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 20(2)(aa) of this Act.

• (5) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

21C

• (1) A person shall not—

• (a) go, with or without a vehicle, onto any part of a security restricted area of—

• (i) an aerodrome, or

• (ii) an air navigation installation which does not form part of an aerodrome,

except with the permission of the manager of the aerodrome, the authority responsible for the air navigation installation or a person acting on behalf of that manager or authority, and in accordance with any conditions subject to which that permission is for the time being granted, or

• (b) remain on any part of such a security restricted area after being requested to leave by the manager of the aerodrome, the authority responsible for the air navigation installation or a person acting on behalf of that manager or authority.

• (2) Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a security restricted area were posted so as to be readily seen and read by persons entering the security restricted area .

• (2A) A notice stating that the area concerned was a restricted zone is, for the purposes of subsection (2), to be treated as a notice stating that the area concerned was a security restricted area.

• (3) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) A constable, the manager of an aerodrome or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

21D

• (1) A person shall not—

• (a) get into or onto an aircraft at an aerodrome in the United Kingdom except with the permission of the operator of the aircraft or a person acting on his behalf, or

• (b) remain on an aircraft at such an aerodrome after being requested to leave by the operator of the aircraft or a person acting on his behalf.

• (2) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) A constable, the operator of an aircraft or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

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

21E

• (1) A person who—

• (a) intentionally obstructs an authorised person acting in the exercise of a power conferred on him by or under this Part of this Act, or

• (b) falsely pretends to be an authorised person,

commits an offence.

• (2) A person guilty of an offence under subsection (1)(a) above shall be 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) A person guilty of an offence under subsection (1)(b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

Air cargo agents

21F

• (1) The Secretary of State may by regulations made by statutory instrument make provision, for purposes to which this Part of this Act applies, in relation to persons (in this section referred to as air cargo agents) who carry on a business of handling cargo which is to be delivered (whether by them or any other person) to the operator of any aircraft for carriage from any aerodrome in the United Kingdom by a civil aircraft.

• (2) Regulations under this section may, in particular—

• (a) enable the Secretary of State to maintain a list of air cargo agents who are approved by him for purposes related to aviation security, to include the name of an air cargo agent on that list, on application being made to the Secretary of State in accordance with the regulations, if he is satisfied as to such matters as are specified in the regulations, and to remove the name of any person from that list in such circumstances as are so specified,

• (b) provide that any provision of this Part of this Act which applies in relation to persons who are permitted to have access to a security restricted area of an aerodrome for the purposes of the activities of a business (including any such provision which creates a criminal offence) shall also apply, with such modifications as are specified in the regulations, in relation to air cargo agents included on any such list,

• (c) amend sections 21A(2), 21B(3) and 32(2) of this Act by including references to air cargo agents included on any such list,

• (d) make provision (including any such provision as is mentioned in paragraphs (a) to (c) above) relating to a class of air cargo agents specified in the regulations and not to other air cargo agents,

• (e) make different provision for different cases, and

• (f) make such incidental, supplementary or transitional provision as the Secretary of State considers necessary or expedient in consequence of any provision made by the regulations.

• (3) Before making any regulations under this section the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations.

• (4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Without prejudice to the generality of sections 12 and 14 of this Act, the exemptions that may be included in any direction given to an operator of aircraft under section 12 or 14 which requires the carrying out of searches of cargo, or the taking of any other measures in relation to cargo, include exemptions from such requirements in relation to cargo received from any air cargo agent included on any list maintained by the Secretary of State under regulations under this section or from any air cargo agent falling within a class of such air cargo agents specified in the direction.

• (6) In this section—

• cargoincludes stores and mail; and

• storesmeans any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.

21FA

• (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.

Reporting of certain occurrences relating to aviation security

21G

• (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.

24A

• (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).

Consequential amendments, savings and repeals.

Editorial notes