Aviation Security Act 1982

• (a) there is a period during which an aerodrome security plan in force in relation to the aerodrome contains no policing measures (and, accordingly, the requirement in section 25B(1) does not apply in relation to the aerodrome), but

• (b) the plan is varied to include such measures.

• (5) The first police services agreement following the variation must—

• (a) begin on the day when the variation comes into effect (and, accordingly, the requirement in section 25B(1) again applies in relation to the aerodrome), and

• (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan.

• (6) If there is a dispute about the policing of a relevant aerodrome which relates to a police services agreement which is not in force, the Secretary of State may direct that the agreement is to come into force at the beginning of a day other than that specified in subsection (2)(a), (3)(a) or (5)(a).

Review and variation of police services agreements

25D

The relevant persons—

• (a) must keep a police services agreement under review, and

• (b) may vary it.

25E

• (1) In determining the terms of a police services agreement, and in exercising their functions under section 25D, the relevant persons must, in particular, have regard to the matters specified in subsection (2).

• (2) Those matters are—

• (a) any aerodrome security plan which specifies that policing measures are to be taken in relation to the aerodrome during the whole or any part of the period for which the police services agreement will be in force,

• (b) any information given to the relevant persons by the security executive group for the aerodrome which is relevant to the police services agreement,

• (c) the extent, if any, to which the costs incurred by the local policing body (in the case of an aerodrome in England or Wales) or the police authority (in the case of an aerodrome in Scotland or Northern Ireland) in connection with the policing provided for the aerodrome are, or are likely to be, met by any person other than the manager of the aerodrome, and

• (d) any guidance given by the Secretary of State which is relevant to the discharge by the relevant persons of their functions in relation to police services agreements.

• (3) A chief officer of police may authorise another person to exercise any of the officer's functions under this Part in relation to police services agreements.

• (4) In this section, “ policing measures ” has the same meaning as in section 25B.

Exercise of police functions at relevant aerodromes .

Power to except or modify

Unauthorised presence in security restricted area .

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Dispute resolution: appeals and enforcement etc.

29E

• (1) A relevant person may appeal to the High Court against—

• (a) any requirement imposed on the person under section 29B(3), or

• (b) any declaration, determination or order of the Secretary of State under section 29D.

• (2) Any requirement imposed under section 29B(3) or 29C(7), and any declaration, determination or order made under section 29D may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).

• (3) In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

The Aviation Security Fund.

Civil penalties for failure to provide information or comply with a direction

Consequential amendments, savings and repeals.

Police services agreements

Unauthorised presence on board aircraft.

Offences relating to authorised persons.

Discharge of functions of relevant persons in relation to police services agreements

Exercise of police functions at relevant aerodromes .

Prevention of theft at relevant aerodromes .

Byelaws for relevant aerodromes .

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Powers of Secretary of State in relation to disputes

Dispute resolution: procedure

Police services agreements: duration etc.

Interpretation of Part II.

Interpretation and application of Part III to Scotland and Northern Ireland.

Byelaws for relevant aerodromes .

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Power to impose restrictions in relation to aircraft.

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

Power to require aerodrome managers to promote searches at aerodromes.

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

Enforcement notices: supplementary.

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

Detention of aircraft

False statements relating to baggage, cargo etc.

False statements in connection with identity documents.

Unauthorised presence in security restricted area .

Unauthorised presence on board aircraft.

Air cargo agents.

Air cargo agents: documents

Compensation in respect of certain measures taken under Part II.

Aerodromes to which Part 2A applies

Discharge of functions by risk advisory groups

Detention direction

Contents of enforcement notice.

Security executive groups

Aerodrome groups: supplemental

Meaning of dispute about security planning

Dispute resolution: appeals and enforcement etc.

Interpretation

Detention direction

Consultation about policing of designated airports.

Service of documents.

Police services agreements: duration etc.

Exercise of police functions at relevant aerodromes .

Unauthorised presence on board aircraft.

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Power to refer dispute to Secretary of State

Dispute resolution: procedure

Dispute resolution: powers

Supplementary orders.

Dispute resolution: appeals and enforcement etc.

The Aviation Security Fund.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Review and variation of police services agreements

Discharge of functions of relevant persons in relation to police services agreements

Exercise of police functions at relevant aerodromes .

Prevention of theft at relevant aerodromes .

Byelaws for relevant aerodromes .

Police services agreements: duration etc.

Power to refer disputes to Secretary of State

Powers of Secretary of State in relation to disputes

Dispute resolution: procedure

Dispute resolution: powers

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

The Aviation Security Fund.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Power of constable to stop and search persons, vehicles etc

Designated airports.

Police services agreements

Review and variation of police services agreements

Discharge of functions of relevant persons in relation to police services agreements

Exercise of police functions at relevant aerodromes .

Prevention of theft at relevant aerodromes .

Byelaws for relevant aerodromes .

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Powers of Secretary of State in relation to disputes

Dispute resolution: powers

Dispute resolution: appeals and enforcement etc.

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

The Aviation Security Fund.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Designation of security restricted areas

Designation of security restricted areas.

Directions

Review by CAA

14A

• (1) The CAA must keep under review the directions under sections 12 to 14 for the time being in force.

• (2) The CAA must, when it considers it appropriate, make recommendations to the Secretary of State about those directions and about the giving of further directions under those sections.

• (3) The CAA must make the recommendations in the form specified by the Secretary of State.

Directions requiring national security vetting

16A

• (1) This section applies where a direction under any of sections 12 to 14 makes provision requiring an individual who carries on, or wishes to carry on, an activity specified or described in the direction to be subject to national security vetting by the CAA.

• (2) The CAA must make arrangements for carrying out that vetting, including—

• (a) arrangements for renewing and withdrawing clearance, and

• (b) arrangements for appeals.

• (3) The Secretary of State may give directions to the CAA in connection with the arrangements, including directions as to—

• (a) steps to be included in the vetting process,

• (b) time limits for completing such steps, and

• (c) the period for which clearance is to remain valid.

• (4) The CAA must comply with a direction given to it under this section.

• (5) This section does not affect any other power relating to national security vetting.

Copies of directions etc for CAA

17A

• (1) The Secretary of State must give the CAA a copy of—

• (a) each direction under section 12, 13, 13A or 14, and

• (b) each direction varying or revoking such a direction.

• (2) The Secretary of State must inform the CAA of each notification given under section 17.

Enforcement notices.

Contents of enforcement notice.

Objections to enforcement notices.

Detention of aircraft

Objections to enforcement notices.

False statements relating to baggage, cargo etc.

False statements in connection with identity documents.

Air cargo agents.

Duty to report certain occurrences.

Advice and assistance

Provision of advice and assistance to Secretary of State

21H

• (1) The CAA must provide such advice and assistance to the Secretary of State as the Secretary of State requires in connection with matters relevant to the purposes to which this Part of this Act applies.

• (2) A requirement under subsection (1) may be expressed so as to operate as a continuing requirement on the CAA.

• (3) Nothing in this section affects the generality of section 16 of the Civil Aviation Act 1982 (provision by CAA of assistance etc for Secretary of State and others).

Provision of advice and assistance to other persons

21I

• (1) The CAA must provide such advice and assistance to the persons listed in subsection (3) as it considers appropriate having regard to the purposes to which this Part of this Act applies.

• (2) The CAA may, in particular, provide advice and assistance to such persons in connection with measures that they are required to take by directions under sections 12 to 14.

• (3) Those persons are—

• (a) managers of aerodromes in the United Kingdom,

• (b) authorities responsible for air navigation installations in the United Kingdom,

• (c) operators of aircraft registered or operating in the United Kingdom,

• (d) persons occupying land forming part of an aerodrome or air navigation installation in the United Kingdom,

• (e) persons permitted to have access to a security restricted area of such an aerodrome or air navigation installation for the purposes of carrying on a business, and

• (f) any other persons carrying on activities at or in connection with such an aerodrome or air navigation installation, or considering doing so, who are of a description notified to the CAA by the Secretary of State for the purposes of this section.

• (4) The Secretary of State may provide such advice and assistance to the persons listed in subsection (3) as the Secretary of State considers appropriate having regard to—

• (a) the purposes to which this Part of this Act applies, and

• (b) any advice and assistance provided to those persons by the CAA.

Power to modify functions of CAA etc relating to aviation security

21J

• (1) The Secretary of State may by regulations modify—

• (a) the functions of the CAA relating to the purposes to which this Part of this Act applies, and

• (b) the functions under this Part of this Act of persons authorised in writing by the CAA for the purposes of this Part.

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

• (a) confer powers, or impose duties, on the CAA or persons mentioned in subsection (1)(b),

• (b) remove or restrict powers or duties of the CAA or such persons,

• (c) require the CAA to comply with directions given by the Secretary of State when carrying out a function conferred by the regulations,

• (d) make different provision for different cases,

• (e) amend or repeal an enactment (whenever passed), including a provision of this Part of this Act, and amend or revoke a provision of an instrument made under an enactment (whenever made), and

• (f) include consequential, supplementary, incidental, transitional, transitory and saving provision.

• (3) The Secretary of State must consult the CAA before making regulations under this section.

• (4) The regulations must be made by statutory instrument.

• (5) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

22A

• (1) The Secretary of State may make regulations imposing penalties for—

• (a) failure to comply with a requirement imposed by a notice under section 11 (notice requiring information);

• (b) making a false statement in furnishing information required by a notice under that section;

• (c) failure to comply with a direction under any of sections 12 to 14.

• (2) Regulations under subsection (1) may in particular make provision—

• (a) about how a penalty is to be calculated;

• (b) about the procedure for imposing a penalty;

• (c) about the enforcement of penalties;

• (d) allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

• (3) Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

• (4) The regulations must provide that no penalty may be imposed on a person for failure to comply with the requirements of a notice under section 11, or for making a false statement in furnishing information required by such a notice, where proceedings have been instituted against the person for an offence under section 11(5) in respect of the same failure or false statement.

• (5) The regulations must provide that no penalty may be imposed on a person for failure to comply with a direction under any of sections 12 to 14 where proceedings have been instituted against the person for an offence under any of those sections in respect of the same failure.

• (6) Any penalty paid by virtue of this section must be paid into the Consolidated Fund.

• (7) Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

23A

• (1) The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies.

• (2) If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 ( CAA 's general objectives) it must—

• (a) consult the Secretary of State, and

• (b) resolve the conflict in the manner directed by the Secretary of State,

and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act.

Risk advisory groups

Discharge of functions by risk advisory groups

Aerodrome security plans

Aerodrome security plans: duration etc.

Functions of security executive groups

Period for establishment of aerodrome groups

Power to except or modify

Interpretation

Power of constable to stop and search persons, vehicles etc

Consultation about policing of designated airports.

Police services agreements

Police services agreements: duration etc.

Period for establishment of aerodrome groups

Discharge of functions of relevant persons in relation to police services agreements

Power to refer dispute to Secretary of State

Prevention of theft at relevant aerodromes .

Byelaws for relevant aerodromes .

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Powers of Secretary of State in relation to disputes

Dispute resolution: procedure

Dispute resolution: powers

Dispute resolution: appeals and enforcement etc.

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

Contributions to the Fund.

Interpretation etc.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Short title and commencement.

Directions requiring national security vetting

Copies of directions etc for CAA

Enforcement notices.

Offences relating to enforcement notices.

Enforcement notices: supplementary.

Inspection of aircraft and aerodromes.

Detention of aircraft

Application of provisions of Part II to air navigation installations.

False statements relating to baggage, cargo etc.

False statements in connection with identity documents.

Unauthorised presence in security restricted area .

Offences relating to authorised persons.

Air cargo agents.

Duty to report certain occurrences.

Provision of advice and assistance to Secretary of State

Provision of advice and assistance to other persons

Power to modify functions of CAA etc relating to aviation security

Civil penalties for failure to provide information or comply with a direction

Service of documents.

Interpretation of Part II.

Risk advisory groups

Discharge of functions by risk advisory groups

Aerodrome security plans

Aerodrome security plans: duration etc.

Dispute resolution: appeals and enforcement etc.

Power to except or modify

Interpretation

Power of constable to stop and search persons, vehicles etc

Consultation about policing of designated airports.

Police services agreements

Police services agreements: duration etc.

Review and variation of police services agreements

Discharge of functions of relevant persons in relation to police services agreements

Exercise of police functions at relevant aerodromes.

Prevention of theft at relevant aerodromes .

Byelaws for relevant aerodromes .

Control of road traffic at relevant aerodromes .

Power to refer disputes to Secretary of State

Dispute resolution: appeals and enforcement etc.

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

Dispute resolution: appeals and enforcement etc.

Supplementary orders.

Interpretation and application of Part III to Scotland and Northern Ireland.

The Aviation Security Fund.

Offences by bodies corporate.

Interpretation etc.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Short title and commencement.

Detention of aircraft

Prevention of theft at relevant aerodromes.

Byelaws for relevant aerodromes .

Control of road traffic at relevant aerodromes.

Power to refer disputes to Secretary of State

Powers of Secretary of State in relation to disputes

Dispute resolution: procedure

Dispute resolution: powers

The Aviation Security Fund.

Offences by bodies corporate.

Interpretation etc.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Short title and commencement.

Extension of Act outside United Kingdom.

Consequential amendments, savings and repeals.

Short title and commencement.