Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 7 — Aviation security
101

(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.
General and supplemental
24AS
Power to except or modify
(1)
The Secretary of State may by order provide that this Part—
5
(a)
does not apply in relation to a specified aerodrome in respect of
which any directions under section 12, 13, 13A or 14 are in force,
or
(b)
applies in relation to such an aerodrome with specified
modifications.
10
(2)
In subsection (1) “specified” means specified in the order.
(3)
The power to make an order under this section is exercisable by
statutory instrument subject to annulment in pursuance of a resolution
of either House of Parliament.
24AT
Interpretation
15
(1)
In this Part—
“aerodrome” is to be construed in accordance with section
24AA(2);
“aerodrome security plan” has the meaning given by section
24AE(2);
20
“dispute about security planning for an aerodrome”, “dispute
about the contents of an aeordrome security plan” and “dispute
about the implementation of an aerodrome security plan” have
the meanings given by section 24AM(2) to (4);
“relevant persons”, in relation to an aerodrome, means the persons
25
mentioned in section 24AE(4);
“relevant police area”, in relation to any aerodrome, means the
police area in which the aerodrome is wholly or mainly
situated;
“risk advisory group”, in relation to an aerodrome, means the
30
group established for the aerodrome in accordance with section
24AB;
“risk report”, in relation to an aerodrome, has the meaning given
by section 24AC(2);
“security executive group”, in relation to an aerodrome, means the
35
group established for the aerodrome in accordance with section
24AG;
“security measure”, in relation to an aerodrome, means any
measure taken for a purpose to which Part 2 applies (protection
of aerodromes etc. against acts of violence) or otherwise for the
40
purpose of preventing crime or preserving the peace at the
aerodrome, but it does not include—
(a)
any measure specified in a direction under Part 2, or
(b)
any measure which an officer of Revenue and Customs
or an official of the Secretary of State exercising
45
functions in relation to immigration is required to take
by virtue of any enactment.

Policing and Crime Bill
Part 7 — Aviation security
102

(2)
Any reference in this Part to the security of an aerodrome includes a
reference to the preservation of the peace at the aerodrome (and any
reference to a threat to the security of the aerodrome is to be construed
accordingly).
(3)
Any reference in the preceding provisions of this Part to a person
5
nominated under a provision of this Part is a reference to a person who
has been nominated under that provision and accepts that nomination
(unless the context otherwise requires).
(4)
If an aerodrome to which this Part applies—
(a)
ceases to be such an aerodrome, but
10
(b)
subsequently becomes such an aerodrome again,

this Part applies in relation to the aerodrome as if it had become an
aerodrome to which this Part applies for the first time.
(5)
For the purposes of this Part the risk advisory group for an aerodrome
is to be treated as established when both of the following conditions are
15
first met—
(a)
the person nominated by the manager of the aerodrome under
section 24AB(2)(a) accepts the nomination;
(b)
the chief officer of police for the relevant police area informs the
manager of the aerodrome that either the chief officer will serve
20
as a member of the group or that a person nominated by the
chief officer for the purposes of section 24AB(2)(b) has accepted
the nomination.
(6)
For the purposes of this Part the security executive group for an
aerodrome is to be treated as established when all of the following
25
conditions are first met—
(a)
the manager of the aerodrome appoints a representative under
section 24AG(2)(a);
(b)
the chief officer of police for the relevant police area informs the
manager of the aerodrome that either the chief officer will serve
30
as a member of the group or that the chief officer has appointed
a representative for the purposes of section 24AG(2)(b);
(c)
the police authority for the relevant police area informs the
manager of the aerodrome that the police authority has
appointed a representative for the purposes of section
35
24AG(2)(c);
(d)
a person nominated by the manager of the aerodrome under
section 24AG(3) accepts the nomination.
(7)
In the application of this Part to Scotland—
(a)
references to the chief officer of police for the relevant police
40
area are to be read as references to the chief constable of the
police force for that area, and
(b)
references to the police authority for the relevant police area are,
where a joint police board is constituted for that area in
accordance with an amalgamation scheme made under the
45
Police (Scotland) Act 1967 (c. 77), to be read as references to that
joint police board.
(8)
In the application of this Part to Northern Ireland—

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
103

(a)
references to the chief officer of police for the relevant police
area are to be read as references to the Chief Constable of the
Police Service of Northern Ireland, and
(b)
references to the police authority for the relevant police area are
to be read as references to the Northern Ireland Policing Board.”
5
77
Policing at airports
Schedule 6 (which amends Part 3 of the Aviation Security Act 1982 (c. 36) and
makes transitional and saving provision) has effect.
Part 8
Miscellaneous
10
Chapter 1
Safeguarding vulnerable groups and criminal records
Renaming of Independent Barring Board
78
Renaming of Independent Barring Board
(1)
The Independent Barring Board is renamed the Independent Safeguarding
15
Authority.
(2)
For the words in the left-hand column of the table, wherever they appear in the
enactments mentioned in subsection (3), substitute the corresponding words in
the right-hand column of the table.

Existing words
Substitution

20

“Independent Barring Board”
“Independent Safeguarding

Authority”

“Independent Barring Board’s”
“Independent Safeguarding

Authority’s”

“IBB”
“ISA”

25

“IBB’s”
“ISA’s”

(3)
The enactments are—
(a)
Schedule 1 to the Superannuation Act 1972 (c. 11),
(b)
sections 7 and 11 of the Police Pensions Act 1976 (c. 35),
(c)
section 35C of the Medical Act 1983 (c. 54),
30
(d)
section 13D of the Opticians Act 1989 (c. 44),
(e)
section 20 of the Osteopaths Act 1993 (c. 21),
(f)
section 20 of the Chiropractors Act 1994 (c. 17),
(g)
section 97 of the Police Act 1996 (c. 16),
(h)
sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50),
35
(i)
sections 56 and 75 of the Data Protection Act 1998 (c. 29),

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
104

(j)
paragraph 1 of Schedule 2 to the Teaching and Higher Education Act
1998 (c. 30),
(k)
section 167C of the Education Act 2002 (c. 32),
(l)
section 171 of the Education and Inspections Act 2006 (c. 40),
(m)
the following enactments in the Safeguarding Vulnerable Groups Act
5
2006 (c. 47) (including any relevant headings)—
(i)
sections 1, 2, 4, 6, 15, 25, 35, 36 to 47 and 50,
(ii)
paragraphs 1, 3 to 7 and 8 to 16 of Schedule 1,
(iii)
paragraphs 1 and 2 of Schedule 2,
(iv)
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 3,
10
(v)
paragraphs 4 and 8 of Schedule 4,
(vi)
paragraph 2 of Schedule 5, and
(vii)
paragraphs 1 to 3 of Schedule 8,
(n)
sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable
Groups (Scotland) Act 2007 (asp 14),
15
(o)
the following enactments in the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any
relevant headings)—
(i)
Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,
(ii)
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,
20
(iii)
paragraphs 4 and 8 of Schedule 2,
(iv)
paragraph 2 of Schedule 3, and
(v)
paragraphs 1 to 3 of Schedule 6, and
(p)
sections 130 and 141 of the Education and Skills Act 2008 (c. 25).
(4)
In the following enactments for “the Board” substitute “the Authority”—
25
(a)
section 167C of the Education Act 2002 (both as inserted by the
Education and Inspections Act 2006 and as substituted by the
Education and Skills Act 2008 (c. 25)), and
(b)
section 130(4) of the Education and Skills Act 2008 (c. 25).
(5)
Any reference (other than those dealt with by subsections (2) to (4) above) to
30
the Independent Barring Board in any enactment or other document passed or
made before the commencement of this section is to be read as a reference to
the Independent Safeguarding Authority.
(6)
Any reference to the Independent Safeguarding Authority which arises by
virtue of this section is to be read, in relation to times before the
35
commencement of this section, as a reference to the Independent Barring
Board.
(7)
In this section—
“enactment” includes an Act of the Scottish Parliament, Northern Ireland
legislation and an enactment comprised in subordinate legislation,
40
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30)) and also includes an instrument made under—
(a)
an Act of the Scottish Parliament, or
(b)
Northern Ireland legislation.