06162.1-7

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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LORDS amendments to the
Civil Aviation Bill
[The page and line references are to HL Bill 21, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 7, leave out “may” and insert “shall”
2
Page 1, line 8, leave out from “in” to “by” and insert “proportion to the noise made

by aircraft and”
3
Page 2, line 15, leave out “subsection (1)(d)” and insert “subsections (1)(d) and

(2)(d)”
4
Page 2, line 31, at end insert—

“( )
Charges, in relation to noise, shall be proportional to the noise

emitted.”
Clause 2
5
Page 2, line 41, leave out subsection (2)
Clause 4
6
Page 6, line 40, at end insert—

“( )
any body appearing to the Secretary of State to be representative of

operators of aircraft using the aerodrome,”
7
Page 6, line 45, leave out “other organisations representing the interests” and insert

“any other body appearing to the Secretary of State to be representative”
After Clause 5
8
Insert the following new Clause—


“Policing of airports

Schedule (Policing of airports) makes provision about the policing of

aerodromes designated by the Secretary of State for the purposes of Part 3

of the Aviation Security Act 1982 (c. 36).”

Bill 162 54/1

2

Clause 13
9
Page 12, line 22, at end insert—

“( )
Section (Policing of airports), this section and Schedule (Policing of airports)

come into force on the day on which this Act is passed.”
10
Page 12, line 23, at beginning insert “Otherwise,”
11
Page 12, line 25, at end insert—

“( )
But an order under subsection (2) may not provide for subsections (2) and

(3) of section 2 to come into force before 1st June 2012.”
Before the Schedule
12
Insert the following new Schedule—

“Policing of airports

Amendments of Part 3 of 1982 Act

1
Part 3 of the Aviation Security Act 1982 (c. 36) (“the 1982 Act”) (policing

of airports) has effect subject to the following amendments.

2
After section 25 insert—

“25A
Consultation about policing of designated airports

(1)
Before a police services agreement is entered into under section

25B of this Act in relation to an aerodrome which is a designated

airport—

(a)
the manager of the aerodrome, and

(b)
the chief officer of police for the relevant police area,


acting jointly, must carry out the consultation required by this

section.

(2)
The consultation required by this section is consultation carried

out with all of the persons within subsection (3) below with a

view to establishing—

(a)
what measures are required to be taken in relation to the

aerodrome for security or policing purposes in order to

comply with or take account of—

(i)
any directions given under sections 12, 13, 13A

and 14 of this Act,

(ii)
any national threat assessment or relevant

information, and

(iii)
any guidance issued by the Secretary of State

which relates to the policing of the aerodrome,

(b)
what other measures should be taken in relation to the

aerodrome for policing purposes,

(c)
the extent to which measures within paragraph (a) or (b)

above are being taken by persons within subsection (3)

below or the manager of the aerodrome, and

(d)
in the light of the above, the level of policing which

should be provided for the aerodrome in accordance with

section 26(2A) of this Act.

3

(3)
The persons within this subsection are—

(a)
any person (other than the manager of the aerodrome)

who is required to take any measures in relation to the

aerodrome pursuant to a direction given under section

12, 13, 13A or 14 of this Act,

(b)
the Commissioners for Her Majesty’s Revenue and

Customs (in relation to measures taken by officers of

Revenue and Customs), and

(c)
the Secretary of State (in relation to measures taken by

immigration officers).

(4)
The Secretary of State may by order provide that subsection (3)

above is to apply in relation to a particular aerodrome with any

modifications specified in the order.

(5)
The power to make an order under subsection (4) above shall be

exercisable by statutory instrument and—

(a)
any order containing a statement that it is made with the

consent of the manager of the aerodrome and the chief

officer of police for the relevant police area shall be

subject to annulment in pursuance of a resolution of

either House of Parliament;

(b)
any order not containing such a statement shall be laid

before Parliament in draft and shall not be made unless

the draft is approved by resolution of each House of

Parliament.

(6)
In this section—

“national threat assessment” means any assessment of a

threat to the aviation industry issued by the Secretary of

State;

“policing purposes”, in relation to an aerodrome, means the

purposes of the preservation of the peace, or the

prevention of crime, at the aerodrome;

“relevant information”, in relation to an aerodrome, means

any information (other than a national threat assessment)

which is made available by—

(a)
the manager of the aerodrome,

(b)
any person (other than the manager of the

aerodrome) who is required to take any measures

in relation to the aerodrome pursuant to a

direction given under section 12, 13, 13A or 14 of

this Act,

(c)
the chief officer of the police force for the relevant

police area,

(d)
the Commissioners for Her Majesty’s Revenue

and Customs, or

(e)
the Secretary of State,

and which relates to a threat to security at the aerodrome

or is relevant to the preservation of the peace, or the

prevention of crime, at the aerodrome.

25B
Police services agreements

(1)
This section applies where an aerodrome is a designated airport.

4

(2)
At any time after the period of 12 months beginning with the

operative date there must be a police services agreement in force

in relation to the aerodrome.

(3)
In this Part a “police services agreement” means an agreement

between the relevant persons which specifies—

(a)
the level of policing to be provided for the aerodrome in

accordance with section 26(2A) of this Act during the

period for which the agreement is in force,

(b)
the payments to be made by the manager of the

aerodrome in connection with that policing, or the

manner in which such payments are to be assessed, and

(c)
any accommodation and facilities to be provided by the

manager in connection with that policing.

(4)
In determining the terms of a police services agreement, the

relevant persons shall have regard (in particular) to—

(a)
the matters established on the consultation carried out

under section 25A of this Act in contemplation of the

agreement, and

(b)
the extent (if any) to which the costs incurred by the

police authority in connection with the policing provided

for the aerodrome are (or are likely to be) defrayed by

payments made in respect of that policing by any person

other than the manager of the aerodrome.

(5)
A police services agreement shall be in force—

(a)
for a period of twelve months, or

(b)
if a longer period is specified in the agreement, for the

period so specified.

(6)
A police services agreement shall contain provision for the

agreement to be varied if there is a material change in

circumstances relating to the policing provided for the

aerodrome.

(7)
A police services agreement shall cease to be in force if the

aerodrome to which it relates ceases to be a designated airport.

(8)
The manager of an aerodrome which is a designated airport shall

supply the Secretary of State with a copy of any police services

agreement which is in force in relation to the aerodrome if the

Secretary of State requests a copy.

(9)
In this section “the operative date”—

(a)
in the case of an aerodrome which was a designated

airport on the date of the passing of the Civil Aviation Act

2005 and has remained so designated since that date,

means that date, and

(b)
in any other case, means the date as from which the

aerodrome became a designated airport.

(10)
In this Part “the relevant persons”, in relation to an aerodrome,

means—

(a)
the manager of the aerodrome,

(b)
the police authority for the relevant police area, and

(c)
the chief officer of police for that area.”

5

3    (1)
Section 26 (exercise of police functions at designated airports) is

amended as follows.

      (2)
After subsection (2) insert—

“(2A)
The chief officer of police for the relevant police area shall, in

making arrangements for the policing of an aerodrome which is

a designated airport, 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; and

(b)
any other measures taken in relation to the aerodrome for

security or policing purposes by immigration officers or

officers of Revenue and Customs or by the manager of 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 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 an aerodrome which is a designated airport,

the manager of the aerodrome—

(a)
shall make to the police authority for the relevant police

area such payments as are necessary to reimburse the

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.

(2D)
Subsection (2C)(a) above does not require the manager to pay

any costs incurred by the police authority to the extent that those

costs are defrayed by payments made by any other person to the

police authority in respect of the policing provided for the

aerodrome.

(2E)
In this section “policing purposes” has the same meaning as in

section 25A of this Act.”

      (3)
Omit subsection (3).

4
After section 29 insert—

“29A
References to Secretary of State

(1)
Any of the relevant persons may refer to the Secretary of State a

matter to which subsection (2) or (3) below applies.

(2)
This subsection applies to a dispute between the manager of an

aerodrome which is (or has been) a designated airport and the

6

police authority, or the chief officer of police, for the relevant

police area—

(a)
about the terms, construction or operation of a police

services agreement which is (or has been) in force in

relation to the aerodrome, or

(b)
about the payments to be made, or the accommodation

and facilities to be provided, under section 26(2C) of this

Act.

(3)
This subsection applies to a failure by the relevant persons to

enter into a police services agreement in a case where section

25B(2) of this Act requires such an agreement to be in force.

29B
Appointment of independent experts

(1)
This section applies where a matter has been referred to the

Secretary of State under section 29A of this Act.

(2)
The Secretary of State shall notify to each of the relevant persons

the name of an independent expert who he proposes should deal

with the matter.

(3)
The Secretary of State shall appoint that independent expert to

deal with the matter if, within the initial appointment period, all

the relevant persons agree to the appointment.

(4)
In default of agreement under subsection (3) above—

(a)
the manager of the aerodrome, and

(b)
the police authority for the relevant police area and the

chief officer of police for that area, acting jointly,


shall each appoint an independent expert within the period of

fourteen days beginning with the date following that on which

the initial appointment period ends.

(5)
The two independent experts so appointed shall appoint a third

independent expert to act as chairman.

(6)
The three independent experts so appointed shall deal with the

matter.

(7)
An appointment under subsection (5) above shall be made

within the period of fourteen days beginning with the date on

which the second of the two independent experts is appointed

(or, if both independent experts are appointed on the same date,

within the period of fourteen days beginning with that date).

(8)
In this section “the initial appointment period” means the period

of fourteen days beginning with the date on which the Secretary

of State notifies the relevant parties under subsection (2) above.

(9)
In this section and section 29C of this Act “independent expert”,

in relation to a matter referred to the Secretary of State under

section 29A of this Act, means a person—

(a)
who is independent of the relevant persons and the

Secretary of State,

(b)
who has no previous connection with the matter in

question, and

7

(c)
who has relevant legal experience or knowledge or

experience which is relevant to the matter in question.

29C
Removal and replacement etc. of independent experts

(1)
On the application of any of the relevant persons, the Secretary of

State may—

(a)
remove an independent expert on any of the grounds

specified in subsection (2) below;

(b)
appoint an independent expert to replace one who has

been removed under paragraph (a) above or who has

died or resigned;

(c)
make any appointment which should have (but has not)

been made under section 29B(4) or (5) of this Act.

(2)
The grounds specified in this subsection are—

(a)
that circumstances exist that give rise to justifiable doubts

as to the expert’s impartiality;

(b)
that he does not possess the qualifications required by

paragraphs (a) to (c) of section 29B(9) of this Act;

(c)
that he is physically or mentally incapable of dealing with

the matter in question or there are justifiable doubts as to

his capacity to do so;

(d)
that he has refused or failed—

(i)
properly to deal with the matter, or

(ii)
to use all reasonable despatch in dealing with the

matter,


and that substantial injustice has been or will be caused to

the applicant.

(3)
The independent experts may not continue to deal with the

matter while an application to the Secretary of State under

subsection (1)(a) above is pending.

(4)
The Secretary of State may not remove an independent expert

under subsection (1)(a) above without first giving him the

opportunity to make representations.

29D
Determination of matters referred under section 29A

(1)
This section applies where section 29B of this Act requires—

(a)
an independent expert, or

(b)
three independent experts,


to deal with a matter referred to the Secretary of State under

section 29A of this Act (and in this section the independent

expert or experts are referred to as “the tribunal”).

(2)
The tribunal shall determine the procedure to be followed in

dealing with the matter.

(3)
In particular, the tribunal—

(a)
where it consists of three independent experts, may take

decisions by a majority vote,

(b)
shall give each of the relevant persons and the Secretary

of State an opportunity to make representations about the

matter in question,