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Policing and Crime Bill
Part 6 — Aviation security

77

 

the aerodrome is to provide accommodation or facilities in connection

with those measures.

(7)   

A relevant person must comply with any provision of an aerodrome

security plan which provides that the person is to—

(a)   

take a security measure,

5

(b)   

take a monitoring step, or

(c)   

make any payments or provide any accommodation or

facilities.

(8)   

In subsection (1), “the day by which the security executive group for the

aerodrome is required to be established” means the day which is the

10

relevant day in relation to the aerodrome for the purposes of section

24AL.

24AF    

Aerodrome security plans: duration etc.

(1)   

An aerodrome security plan must specify the period for which it is to

be in force.

15

(2)   

In the case of the first plan for the aerodrome, the period specified

must—

(a)   

begin on the day after the end of the period mentioned in

section 24AE(1), and

(b)   

end on either the 31 March next following that day or on any

20

subsequent 31 March specified in the plan.

(3)   

In the case of any subsequent plan, the period specified must—

(a)   

begin on 1 April, and

(b)   

end on either the 31 March next following that day or on any

subsequent 31 March specified in the plan.

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(4)   

An aerodrome security plan ceases to be in force if the aerodrome to

which it relates ceases to be one to which this Part applies.

(5)   

If there is a dispute about security planning for an aerodrome which

relates to an aerodrome security plan which is not in force, the

Secretary of State may direct that the plan is to come into force at the

30

beginning of a day other than that specified in subsection (2)(a) or

(3)(a).

24AG    

Security executive groups

(1)   

The manager of an aerodrome must establish a group (“the security

executive group”) for the aerodrome.

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(2)   

The group is to consist of—

(a)   

a representative of the manager of the aerodrome,

(b)   

the chief officer of police for the relevant police area or a

representative of the chief officer,

(c)   

a representative of the police authority for the relevant police

40

area,

(d)   

if the Commissioners for Her Majesty’s Revenue and Customs

so request, a representative of the Commissioners,

(e)   

if the Serious Organised Crime Agency so request, a

representative of the Agency,

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(f)   

the individual nominated under subsection (3), and

 
 

Policing and Crime Bill
Part 6 — Aviation security

78

 

(g)   

any individuals nominated under subsections (4) to (6).

(3)   

The manager of the aerodrome must nominate as a member of the

group an individual who appears to the manager to represent the

interests of the operators of aircraft that take off from, or land at, the

aerodrome.

5

(4)   

The Secretary of State may at any time nominate as a member of the

group an official of the Secretary of State who exercises functions

relating to immigration.

(5)   

The manager of the aerodrome or the Secretary of State may at any time

nominate as a member of the group an individual who is, or who

10

appears to the manager or (as the case may be) the Secretary of State to

represent the interests of, a particular relevant person within section

24AE(4)(c) to (e).

(6)   

The manager of the aerodrome or the Secretary of State may at any time

nominate as a member of the group an individual who appears to the

15

manager or (as the case may be) the Secretary of State to represent the

interests of any description of relevant persons within section

24AE(4)(c) to (e).

(7)   

More than one individual may be nominated under subsection (5) or (6)

(but not in relation to the same relevant person or description of

20

relevant persons).

(8)   

The group must permit any individuals nominated by the Secretary of

State for the purposes of this subsection to attend meetings of the group

as observers.

24AH    

Functions of security executive groups

25

(1)   

The security executive group for an aerodrome must—

(a)   

decide the contents of each aerodrome security plan for the

aerodrome, and

(b)   

keep the contents of each plan under review and decide

whether (and, if so, how) they should be varied.

30

(2)   

No provision may be included in an aerodrome security plan unless all

the members of the group unanimously agree that it should be

included.

(3)   

An aerodrome security plan may not be varied unless all the members

of the group unanimously agree to the variation.

35

(4)   

But the agreement of a member is not required for the purposes of

subsection (2) or (3) if the member unreasonably fails to inform the

other members of the group whether the member agrees or disagrees to

the inclusion of the provision or (as the case may be) to the variation.

(5)   

If the Secretary of State at any time requests a copy of an aerodrome

40

security plan, the manager of the aerodrome must give a copy of the

plan to the Secretary of State.

24AI    

Objections to proposals by security executive groups

(1)   

The security executive group for an aerodrome must notify a person to

whom this section applies if—

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Policing and Crime Bill
Part 6 — Aviation security

79

 

(a)   

the group proposes to include a provision in an aerodrome

security plan or to vary a provision in a plan, and

(b)   

the provision (or the provision as varied) would by virtue of

section 24AE require the person to—

(i)   

take a security measure,

5

(ii)   

take a monitoring step, or

(iii)   

make any payments.

(2)   

This section applies to—

(a)   

any relevant person within section 24AE(4)(c) to (e), other than

such a person who is represented on the security executive

10

group by virtue of section 24AG(5),

(b)   

the Commissioners for Her Majesty’s Revenue and Customs,

unless the Commissioners are represented on the group,

(c)   

the Serious Organised Crime Agency, unless the Agency is

represented on the group,

15

(d)   

the Secretary of State, unless the Secretary of State has made a

nomination under section 24AG(4).

(3)   

A person notified under subsection (1) may object to the proposal by

informing the group that the person objects.

(4)   

The person must give the group the reasons for the objection.

20

(5)   

The objection must be made before the end of the period of 30 days

beginning with the day on which the person was notified of the

proposal (“the 30 day period”).

(6)   

The group must consider an objection made by a person in accordance

with this section.

25

(7)   

If the members of the group and the person are unable to reach

agreement on whether or not the proposal should be withdrawn or

varied in the light of the objection, the member of the group who

represents the manager of the aerodrome must refer the matter under

section 24AN(1) (disputes about security plans).

30

(8)   

A provision mentioned in subsection (1) may not be included in an

aerodrome security plan or (as the case may be) may not be varied

before the end of the 30 day period.

(9)   

If an objection is made in accordance with this section before the end of

the 30 day period the provision may not be included in the plan or (as

35

the case may be) may not be varied unless—

(a)   

the members of the group and the person who objected agree

that it may be included or varied, or

(b)   

it is included or varied by virtue of section 24AQ (powers in

relation to disputes about security plans).

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24AJ    

Discharge of functions by security executive groups

(1)   

In exercising its functions, the security executive group for an

aerodrome must have regard to—

(a)   

any directions given under section 12, 13, 13A or 14,

(b)   

the risk report for the aerodrome,

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(c)   

any national threat assessment, and

 
 

Policing and Crime Bill
Part 6 — Aviation security

80

 

(d)   

any guidance given by the Secretary of State which is relevant

to the group’s functions.

(2)   

The group must—

(a)   

consider each recommendation in the risk report, and

(b)   

ensure that a record of its decision whether to accept or reject

5

the recommendation, together with the reasons for the decision,

is appended to an aerodrome security plan.

(3)   

A member of the security executive group may not disclose any

information received by the member in the exercise of the member’s

functions under this Part except—

10

(a)   

for the purpose of any of those functions, or

(b)   

for any other purpose connected with the making of aerodrome

security plans or their implementation.

(4)   

In this section, “national threat assessment” means any assessment

issued by the Secretary of State of a threat to the aviation industry.

15

Aerodrome security groups: general

24AK    

Aerodrome groups: supplemental

(1)   

An individual may be a member of both the risk advisory group and

the security executive group for an aerodrome.

(2)   

The manager of the aerodrome may at any time—

20

(a)   

revoke a nomination under section 24AB(2)(a) or 24AG(3), and

(b)   

make another nomination under that provision.

(3)   

A person who makes a nomination under section 24AB(2)(b) or (3) to

(6) or (9) or section 24AG(4) to (6) may at any time revoke the

nomination (whether or not the person makes another nomination

25

under the provision in question).

(4)   

Except as provided by this Part, risk advisory groups and security

executive groups may decide their own procedures (and, in particular,

may allow individuals who are not members of the groups to attend

meetings and take part in discussions).

30

(5)   

The manager of an aerodrome must ensure that the risk advisory group

and the security executive group for the aerodrome have such

accommodation and facilities as are necessary to enable them to

discharge their functions.

24AL    

Period for establishment of aerodrome groups

35

(1)   

The risk advisory group and the security executive group for an

aerodrome must each be established before the relevant day.

(2)   

In the case of an aerodrome to which this Part applies on the

commencement date, the relevant day is —

(a)   

in relation to the risk advisory group, the end of the period of 1

40

month beginning with the commencement date, and

(b)   

in relation to the security executive group, the end of the period

of 3 months beginning with the commencement date.

 
 

Policing and Crime Bill
Part 6 — Aviation security

81

 

(3)   

In subsection (2), “commencement date” means the date on which

section 60 of the Policing and Crime Act 2009 comes into force.

(4)   

In the case of any other aerodrome to which this Part applies, the

relevant day is—

(a)   

in relation to the risk advisory group, the end of the period of 1

5

month beginning with the date on which the aerodrome

becomes one to which this Part applies, and

(b)   

in relation to the security executive group, the end of the period

of 3 months beginning with that date.

Disputes about security planning

10

24AM    

Meaning of dispute about security planning

(1)   

This section applies for the purposes of the following provisions of this

Part.

(2)   

There is a dispute about security planning for an aerodrome if there

is—

15

(a)   

a dispute about the contents of an aerodrome security plan for

the aerodrome (see subsection (3)), or

(b)   

a dispute about the implementation of an aerodrome security

plan for the aerodrome (see subsection (4)).

(3)   

There is a dispute about the contents of an aerodrome security plan for

20

an aerodrome if—

(a)   

there is a dispute between any of the members of the security

executive group about the provisions to be included in a plan

and, in consequence, there is, or there is likely to be, a breach of

the requirement imposed by section 24AE(1),

25

(b)   

there is a dispute between any of the members of the security

executive group about whether or how a plan should be varied,

or

(c)   

the members of the security executive group and a relevant

person who makes an objection under section 24AI are unable

30

to reach agreement on whether or not a proposal by the group

should be withdrawn or varied in the light of the objection.

(4)   

There is a dispute about the implementation of an aerodrome security

plan if a member of the security executive group for the aerodrome

thinks that a relevant person in relation to the aerodrome is failing to,

35

or has failed to, comply with the duty in section 24AE(7).

24AN    

Power to refer dispute to Secretary of State

(1)   

If there is a dispute about the contents of an aerodrome security plan,

any member of the security executive group for the aerodrome may

refer the dispute to the Secretary of State.

40

(2)   

If there is a dispute about the implementation of an aerodrome security

plan, any member of the security executive group for the aerodrome

may refer the dispute to the Secretary of State.

24AO    

Powers of Secretary of State in relation to disputes

(1)   

This section applies where—

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Policing and Crime Bill
Part 6 — Aviation security

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(a)   

a dispute about security planning for an aerodrome is referred

to the Secretary of State under section 24AN, or

(b)   

although no such reference is made, the Secretary of State thinks

that there is a dispute about security planning for the

aerodrome.

5

(2)   

The Secretary of State may require—

(a)   

any member of the security executive group for the aerodrome,

or

(b)   

any relevant person in relation to the aerodrome,

   

to take such steps as the Secretary of State thinks may assist to resolve

10

the dispute.

(3)   

The Secretary of State may require any relevant person in relation to the

aerodrome to make payments in respect of any costs incurred by

another person (whether or not a relevant person) in connection with

the taking of the steps mentioned in subsection (2).

15

(4)   

The payments that may be required under subsection (3) include

payments in respect of any costs incurred by the Secretary of State

(including any costs attributable to the work of officials of the Secretary

of State).

(5)   

If the Secretary of State decides not to exercise the power in subsection

20

(2), or if the Secretary of State exercises that power but the dispute is not

resolved, the Secretary of State may determine the dispute.

24AP    

Dispute resolution: procedure

(1)   

This section applies where the Secretary of State is determining a

dispute about security planning for an aerodrome.

25

(2)   

The Secretary of State must give—

(a)   

each relevant person who appears to the Secretary of State to

have an interest in the matter in dispute, and

(b)   

each member of the security executive group,

   

an opportunity to make representations about the matter in dispute.

30

(3)   

In the case of a dispute about the contents of an aerodrome security

plan, the Secretary of State must have regard to the matters specified in

section 24AJ(1) (so far as relevant to the matter in dispute).

(4)   

Subject to subsections (2) and (3), the Secretary of State may decide the

procedure for determining the dispute.

35

(5)   

In particular, the Secretary of State may require a person mentioned in

subsection (2)(a) or (b) to provide the Secretary of State or another

person mentioned in that subsection with such information as the

Secretary of State may specify.

(6)   

Subsection (7) applies if, in determining a dispute about security

40

planning, the Secretary of State—

(a)   

provides information to a person mentioned in subsection (2)(a)

or (b), or

(b)   

requires such a person to provide information to another person

under subsection (5).

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Policing and Crime Bill
Part 6 — Aviation security

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(7)   

The Secretary of State may require the person to whom the information

is provided not to disclose the information without the consent of the

Secretary of State.

24AQ    

Dispute resolution: powers

(1)   

This section applies where the Secretary of State has considered a

5

dispute about security planning at an aerodrome.

(2)   

Where the dispute is about the contents of an aerodrome security plan,

the Secretary of State may—

(a)   

make a declaration that a provision specified in the declaration

is or is not to be included in the plan;

10

(b)   

make a declaration varying the plan.

(3)   

Where the dispute is about the implementation of a plan, the Secretary

of State may do any or all of the following—

(a)   

make a declaration as to how any provision of the plan is to be

construed;

15

(b)   

make a declaration as to how any provision of the plan is to be,

or ought to have been, implemented;

(c)   

make a declaration varying the plan.

(4)   

In relation to any dispute, the Secretary of State may (whether or not the

Secretary of State exercises any other power under this section) do

20

either or both of the following—

(a)   

determine that a relevant person must pay to any other relevant

person (“B”) a specified sum, or a sum to be assessed in a

specified manner, in respect of costs reasonably incurred by B in

connection with any security measures taken by B in relation to

25

the aerodrome;

(b)   

make an order requiring a relevant person to pay costs.

(5)   

In subsection (4) “costs” means—

(a)   

the legal or other costs incurred by the Secretary of State

(including costs attributable to the work of officials of the

30

Secretary of State), and

(b)   

the legal or other costs incurred by any members of the security

executive group or any of the relevant persons.

24AR    

Dispute resolution: appeals and enforcement etc.

(1)   

A relevant person may appeal to the High Court against—

35

(a)   

any requirement imposed on the person under section 24AO(3),

or

(b)   

any declaration, determination or order of the Secretary of State

under section 24AQ which affects that person.

(2)   

Any requirement imposed under section 24AO(3) or 24AP(7), and any

40

declaration, determination or order made under section 24AQ, 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

45

Court are to be read as references to the Court of Session.

 
 

 
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