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[The page and line references are to HL Bill 21, the bill as first printed for the Lords.] |
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1 | Page 1, line 7, leave out “may” and insert “shall” |
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2 | Page 1, line 8, leave out from “in” to “by” and insert “proportion to the noise made |
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3 | Page 2, line 15, leave out “subsection (1)(d)” and insert “subsections (1)(d) and |
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4 | Page 2, line 31, at end insert— |
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| “( ) | Charges, in relation to noise, shall be proportional to the noise |
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5 | Page 2, line 41, leave out subsection (2) |
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6 | Page 6, line 40, at end insert— |
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| “( ) | any body appearing to the Secretary of State to be representative of |
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| operators of aircraft using the aerodrome,” |
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7 | Page 6, line 45, leave out “other organisations representing the interests” and insert |
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| “any other body appearing to the Secretary of State to be representative” |
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8 | Insert the following new Clause— |
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| Schedule (Policing of airports) makes provision about the policing of |
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| aerodromes designated by the Secretary of State for the purposes of Part 3 |
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| of the Aviation Security Act 1982 (c. 36).” |
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9 | Page 12, line 22, at end insert— |
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| “( ) | Section (Policing of airports), this section and Schedule (Policing of airports) |
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| come into force on the day on which this Act is passed.” |
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10 | Page 12, line 23, at beginning insert “Otherwise,” |
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11 | Page 12, line 25, at end insert— |
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| “( ) | But an order under subsection (2) may not provide for subsections (2) and |
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| (3) of section 2 to come into force before 1st June 2012.” |
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12 | Insert the following new Schedule— |
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| Amendments of Part 3 of 1982 Act |
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| 1 | Part 3 of the Aviation Security Act 1982 (c. 36) (“the 1982 Act”) (policing |
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| of airports) has effect subject to the following amendments. |
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| 2 | After section 25 insert— |
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| “25A | Consultation about policing of designated airports |
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| (1) | Before a police services agreement is entered into under section |
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| 25B of this Act in relation to an aerodrome which is a designated |
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| (a) | the manager of the aerodrome, and |
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| (b) | the chief officer of police for the relevant police area, |
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| | acting jointly, must carry out the consultation required by this |
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| (2) | The consultation required by this section is consultation carried |
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| out with all of the persons within subsection (3) below with a |
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| (a) | what measures are required to be taken in relation to the |
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| aerodrome for security or policing purposes in order to |
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| comply with or take account of— |
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| (i) | any directions given under sections 12, 13, 13A |
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| (ii) | any national threat assessment or relevant |
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| (iii) | any guidance issued by the Secretary of State |
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| which relates to the policing of the aerodrome, |
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| (b) | what other measures should be taken in relation to the |
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| aerodrome for policing purposes, |
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| (c) | the extent to which measures within paragraph (a) or (b) |
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| above are being taken by persons within subsection (3) |
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| below or the manager of the aerodrome, and |
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| (d) | in the light of the above, the level of policing which |
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| should be provided for the aerodrome in accordance with |
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| section 26(2A) of this Act. |
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| (3) | The persons within this subsection are— |
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| (a) | any person (other than the manager of the aerodrome) |
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| who is required to take any measures in relation to the |
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| aerodrome pursuant to a direction given under section |
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| 12, 13, 13A or 14 of this Act, |
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| (b) | the Commissioners for Her Majesty’s Revenue and |
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| Customs (in relation to measures taken by officers of |
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| Revenue and Customs), and |
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| (c) | the Secretary of State (in relation to measures taken by |
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| (4) | The Secretary of State may by order provide that subsection (3) |
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| above is to apply in relation to a particular aerodrome with any |
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| modifications specified in the order. |
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| (5) | The power to make an order under subsection (4) above shall be |
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| exercisable by statutory instrument and— |
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| (a) | any order containing a statement that it is made with the |
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| consent of the manager of the aerodrome and the chief |
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| officer of police for the relevant police area shall be |
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| subject to annulment in pursuance of a resolution of |
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| either House of Parliament; |
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| (b) | any order not containing such a statement shall be laid |
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| before Parliament in draft and shall not be made unless |
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| the draft is approved by resolution of each House of |
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| “national threat assessment” means any assessment of a |
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| threat to the aviation industry issued by the Secretary of |
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| “policing purposes”, in relation to an aerodrome, means the |
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| purposes of the preservation of the peace, or the |
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| prevention of crime, at the aerodrome; |
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| “relevant information”, in relation to an aerodrome, means |
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| any information (other than a national threat assessment) |
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| which is made available by— |
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| (a) | the manager of the aerodrome, |
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| (b) | any person (other than the manager of the |
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| aerodrome) who is required to take any measures |
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| in relation to the aerodrome pursuant to a |
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| direction given under section 12, 13, 13A or 14 of |
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| (c) | the chief officer of the police force for the relevant |
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| (d) | the Commissioners for Her Majesty’s Revenue |
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| (e) | the Secretary of State, |
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| and which relates to a threat to security at the aerodrome |
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| or is relevant to the preservation of the peace, or the |
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| prevention of crime, at the aerodrome. |
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| 25B | Police services agreements |
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| (1) | This section applies where an aerodrome is a designated airport. |
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| (2) | At any time after the period of 12 months beginning with the |
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| operative date there must be a police services agreement in force |
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| in relation to the aerodrome. |
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| (3) | In this Part a “police services agreement” means an agreement |
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| between the relevant persons which specifies— |
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| (a) | the level of policing to be provided for the aerodrome in |
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| accordance with section 26(2A) of this Act during the |
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| period for which the agreement is in force, |
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| (b) | the payments to be made by the manager of the |
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| aerodrome in connection with that policing, or the |
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| manner in which such payments are to be assessed, and |
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| (c) | any accommodation and facilities to be provided by the |
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| manager in connection with that policing. |
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| (4) | In determining the terms of a police services agreement, the |
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| relevant persons shall have regard (in particular) to— |
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| (a) | the matters established on the consultation carried out |
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| under section 25A of this Act in contemplation of the |
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| (b) | the extent (if any) to which the costs incurred by the |
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| police authority in connection with the policing provided |
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| for the aerodrome are (or are likely to be) defrayed by |
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| payments made in respect of that policing by any person |
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| other than the manager of the aerodrome. |
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| (5) | A police services agreement shall be in force— |
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| (a) | for a period of twelve months, or |
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| (b) | if a longer period is specified in the agreement, for the |
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| (6) | A police services agreement shall contain provision for the |
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| agreement to be varied if there is a material change in |
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| circumstances relating to the policing provided for the |
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| (7) | A police services agreement shall cease to be in force if the |
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| aerodrome to which it relates ceases to be a designated airport. |
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| (8) | The manager of an aerodrome which is a designated airport shall |
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| supply the Secretary of State with a copy of any police services |
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| agreement which is in force in relation to the aerodrome if the |
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| Secretary of State requests a copy. |
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| (9) | In this section “the operative date”— |
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| (a) | in the case of an aerodrome which was a designated |
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| airport on the date of the passing of the Civil Aviation Act |
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| 2005 and has remained so designated since that date, |
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| (b) | in any other case, means the date as from which the |
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| aerodrome became a designated airport. |
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| (10) | In this Part “the relevant persons”, in relation to an aerodrome, |
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| (a) | the manager of the aerodrome, |
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| (b) | the police authority for the relevant police area, and |
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| (c) | the chief officer of police for that area.” |
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| 3 (1) | Section 26 (exercise of police functions at designated airports) is |
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| (2) | After subsection (2) insert— |
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| “(2A) | The chief officer of police for the relevant police area shall, in |
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| making arrangements for the policing of an aerodrome which is |
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| a designated airport, secure that the level of policing provided |
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| under the arrangements takes account of— |
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| (a) | any measures required to be taken pursuant to directions |
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| given under section 12, 13, 13A or 14 of this Act; and |
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| (b) | any other measures taken in relation to the aerodrome for |
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| security or policing purposes by immigration officers or |
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| officers of Revenue and Customs or by the manager of the |
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| (2B) | In relation to any time when a police services agreement is in |
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| force in relation to an aerodrome under section 25B of this Act, |
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| the manager of the aerodrome— |
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| (a) | shall make to the police authority for the relevant police |
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| area such payments in respect of the policing provided |
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| for the aerodrome as fall to be made under the agreement, |
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| (b) | shall secure that accommodation and facilities are |
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| provided in accordance with the agreement for use in |
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| connection with that policing. |
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| (2C) | In relation to any time when no police services agreement is in |
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| force in relation to an aerodrome which is a designated airport, |
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| the manager of the aerodrome— |
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| (a) | shall make to the police authority for the relevant police |
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| area such payments as are necessary to reimburse the |
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| authority in respect of the costs reasonably incurred by it |
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| in connection with the policing provided for the |
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| (b) | shall secure that suitable accommodation and facilities |
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| are provided for use in connection with that policing. |
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| (2D) | Subsection (2C)(a) above does not require the manager to pay |
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| any costs incurred by the police authority to the extent that those |
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| costs are defrayed by payments made by any other person to the |
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| police authority in respect of the policing provided for the |
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| (2E) | In this section “policing purposes” has the same meaning as in |
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| section 25A of this Act.” |
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| 4 | After section 29 insert— |
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| “29A | References to Secretary of State |
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| (1) | Any of the relevant persons may refer to the Secretary of State a |
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| matter to which subsection (2) or (3) below applies. |
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| (2) | This subsection applies to a dispute between the manager of an |
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| aerodrome which is (or has been) a designated airport and the |
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| police authority, or the chief officer of police, for the relevant |
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| (a) | about the terms, construction or operation of a police |
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| services agreement which is (or has been) in force in |
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| relation to the aerodrome, or |
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| (b) | about the payments to be made, or the accommodation |
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| and facilities to be provided, under section 26(2C) of this |
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| (3) | This subsection applies to a failure by the relevant persons to |
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| enter into a police services agreement in a case where section |
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| 25B(2) of this Act requires such an agreement to be in force. |
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| 29B | Appointment of independent experts |
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| (1) | This section applies where a matter has been referred to the |
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| Secretary of State under section 29A of this Act. |
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| (2) | The Secretary of State shall notify to each of the relevant persons |
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| the name of an independent expert who he proposes should deal |
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| (3) | The Secretary of State shall appoint that independent expert to |
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| deal with the matter if, within the initial appointment period, all |
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| the relevant persons agree to the appointment. |
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| (4) | In default of agreement under subsection (3) above— |
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| (a) | the manager of the aerodrome, and |
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| (b) | the police authority for the relevant police area and the |
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| chief officer of police for that area, acting jointly, |
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| | shall each appoint an independent expert within the period of |
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| fourteen days beginning with the date following that on which |
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| the initial appointment period ends. |
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| (5) | The two independent experts so appointed shall appoint a third |
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| independent expert to act as chairman. |
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| (6) | The three independent experts so appointed shall deal with the |
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| (7) | An appointment under subsection (5) above shall be made |
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| within the period of fourteen days beginning with the date on |
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| which the second of the two independent experts is appointed |
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| (or, if both independent experts are appointed on the same date, |
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| within the period of fourteen days beginning with that date). |
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| (8) | In this section “the initial appointment period” means the period |
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| of fourteen days beginning with the date on which the Secretary |
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| of State notifies the relevant parties under subsection (2) above. |
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| (9) | In this section and section 29C of this Act “independent expert”, |
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| in relation to a matter referred to the Secretary of State under |
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| section 29A of this Act, means a person— |
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| (a) | who is independent of the relevant persons and the |
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| (b) | who has no previous connection with the matter in |
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| (c) | who has relevant legal experience or knowledge or |
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| experience which is relevant to the matter in question. |
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| 29C | Removal and replacement etc. of independent experts |
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| (1) | On the application of any of the relevant persons, the Secretary of |
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| (a) | remove an independent expert on any of the grounds |
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| specified in subsection (2) below; |
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| (b) | appoint an independent expert to replace one who has |
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| been removed under paragraph (a) above or who has |
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| (c) | make any appointment which should have (but has not) |
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| been made under section 29B(4) or (5) of this Act. |
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| (2) | The grounds specified in this subsection are— |
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| (a) | that circumstances exist that give rise to justifiable doubts |
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| as to the expert’s impartiality; |
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| (b) | that he does not possess the qualifications required by |
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| paragraphs (a) to (c) of section 29B(9) of this Act; |
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| (c) | that he is physically or mentally incapable of dealing with |
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| the matter in question or there are justifiable doubts as to |
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| (d) | that he has refused or failed— |
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| (i) | properly to deal with the matter, or |
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| (ii) | to use all reasonable despatch in dealing with the |
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| | and that substantial injustice has been or will be caused to |
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| (3) | The independent experts may not continue to deal with the |
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| matter while an application to the Secretary of State under |
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| subsection (1)(a) above is pending. |
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| (4) | The Secretary of State may not remove an independent expert |
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| under subsection (1)(a) above without first giving him the |
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| opportunity to make representations. |
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| 29D | Determination of matters referred under section 29A |
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| (1) | This section applies where section 29B of this Act requires— |
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| (a) | an independent expert, or |
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| (b) | three independent experts, |
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| | to deal with a matter referred to the Secretary of State under |
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| section 29A of this Act (and in this section the independent |
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| expert or experts are referred to as “the tribunal”). |
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| (2) | The tribunal shall determine the procedure to be followed in |
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| (3) | In particular, the tribunal— |
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| (a) | where it consists of three independent experts, may take |
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| decisions by a majority vote, |
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| (b) | shall give each of the relevant persons and the Secretary |
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| of State an opportunity to make representations about the |
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