06162.8-10

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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(c)
may appoint legal advisers to report to it and the relevant

persons,

(d)
may appoint assessors to assist it on technical matters,

(e)
may allow any legal adviser or assessor appointed under

paragraph (c) or (d) above to attend any meetings of the

tribunal held for the purposes of dealing with the matter,

and

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

of State a reasonable opportunity to comment on any

information, opinion or advice offered by any such

person.

(4)
In relation to a matter to which section 29A(2) of this Act applies,

the tribunal may—

(a)
make a declaration as to how a provision of a police

services agreement is to be construed or operate;

(b)
make a declaration varying the terms of a police services

agreement;

(c)
determine that the manager of the aerodrome is obliged

to pay to the police authority for the relevant police area

a specified sum, or a sum to be assessed in a specified

manner;

(d)
determine that the manager of the aerodrome is obliged

to provide specified accommodation and facilities for use

in connection with the policing provided for the

aerodrome;

(e)
make an order about costs.

(5)
In dealing with a matter to which section 29A(3) of this Act

applies, the tribunal shall have regard (in particular) to—

(a)
the matters specified in paragraphs (a) to (d) of section

25A(2) of this Act, 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.

(6)
In relation to such a matter, the tribunal—

(a)
shall make a declaration as to the terms which are to have

effect as between the relevant parties as the terms of a

police services agreement;

(b)
may make an order about costs.

(7)
Where a declaration is made under subsection (6)(a) above,

references in this Part to a police services agreement shall have

effect, so far as necessary, as references to the terms which have

effect as the terms of a police services agreement.

(8)
A relevant person may appeal to the High Court against any

decision of the tribunal under this section.

(9)
Any declaration, determination or order made under this section

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).

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(10)
In the application of this section to Scotland, references in

subsections (8) and (9) to the High Court shall be read as

references to the Court of Session.

(11)
In this section “costs” means—

(a)
the fees and expenses of the tribunal,

(b)
the fees and expenses of any legal advisers or assessors

appointed by the tribunal, and

(c)
the legal or other costs of the relevant persons.”

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In section 31(1) (interpretation) at the appropriate places insert—

““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 29D(7) of

this Act);”, and

““the relevant persons” has the meaning given by section

25B(10) of this Act;”.

Provisions treated as having come into force on 21st November 2005

6    (1)
Paragraph 3(2), so far as relating to section 26(2A), (2C) and (2D) of the

1982 Act, is to be treated as having come into force on 21st November

2005.

      (2)
But in relation to the period beginning with 21st November 2005 and

ending with the day before that on which this Act is passed—

(a)
section 26(2A)(b) of the 1982 Act is to be treated as having had

effect with the substitution of “purposes or for the purposes of

the preservation of the peace, or the prevention of crime, at the

aerodrome” for “or policing purposes”, and

(b)
section 26(2C) of the 1982 Act is to be treated as having had effect

with the omission of the words from the beginning to

“designated airport,”.

      (3)
Paragraph 3(3)—

(a)
is to be treated as having come into force on 21st November 2005,

and

(b)
does not affect the operation of section 26(3) of the 1982 Act in

relation to policing provided before 21st November 2005.

      (4)
Paragraph 4, so far as relating—

(a)
to a dispute about the payments to be made under section 26(2C)

of the 1982 Act, or

(b)
to a dispute about the accommodation and facilities to be

provided under that provision,


is to be treated as having come into force on 21st November 2005.

      (5)
Paragraph 5, so far as relating to the definition of “immigration officer”,

is to be treated as having come into force on 21st November 2005.

      (6)
In relation to the period beginning with 21st November 2005 and ending

with the day before that on which this Act is passed, section 31(1) of the

1982 Act is to be treated as having had effect with the insertion at the

appropriate place of—

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““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.””