|
| |
| |
(5) | Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers |
| |
conferred by this paragraph. |
| |
Postponement of taking recognizance |
| |
6 | Where under paragraph 2(2)(b) the court fixes the amount in which the |
| |
principal and the sureties, if any, are to be bound, the recognizance may |
| 5 |
afterwards be taken by such person as may be prescribed by rules of court, |
| |
with the same consequences as if it had been entered into before the court. |
| |
Requirements imposed on remand on bail |
| |
7 | The court may when remanding a person on bail under this Schedule |
| |
require the person to comply, before release on bail or later, with such |
| 10 |
requirements as appear to the court to be necessary to secure that the person |
| |
does not interfere with witnesses or otherwise obstruct the course of justice. |
| |
| |
| |
Amendment of Part 3 of the Aviation Security Act 1982 |
| |
| 15 |
| |
1 | Part 3 of the Aviation Security Act 1982 (policing of aerodromes) has effect |
| |
subject to the following amendments. |
| |
2 | Omit section 25 (designated airports) and the cross-heading before it. |
| |
3 | Omit section 25A (consultation about policing of designated airports). |
| 20 |
4 | Before section 25B (police services agreements) insert— |
| |
“Policing of aerodromes to which Part 2A applies |
| |
| |
(1) | In this Part, “relevant aerodrome” means an aerodrome to which |
| |
Part 2A applies (other than an aerodrome specified in an order under |
| 25 |
| |
(2) | The Secretary of State may by order provide that a specified |
| |
aerodrome to which Part 2A applies is not a relevant aerodrome for |
| |
the purposes of this Part. |
| |
(3) | In subsection (2) “specified” means specified in the order. |
| 30 |
(4) | 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.” |
| |
| |
| |
|
| |
| |
5 | For section 25B substitute— |
| |
“25B | Police services agreements |
| |
(1) | There must be a police services agreement in force in relation to a |
| |
relevant aerodrome at any time when an aerodrome security plan |
| |
containing policing measures is in force in relation to the aerodrome. |
| 5 |
(2) | The requirement in subsection (1) does not apply during the period |
| |
of 3 months beginning with the day when the first aerodrome |
| |
security plan for the aerodrome is agreed by the members of the |
| |
security executive group for the aerodrome. |
| |
(3) | A police services agreement is an agreement between the relevant |
| 10 |
| |
(a) | the level of policing to be provided for the aerodrome in |
| |
accordance with section 26(2A) during the period for which |
| |
the agreement is in force, |
| |
(b) | whether any payments are to be made by the manager of the |
| 15 |
aerodrome in connection with that policing and, if so, the |
| |
amount of the payments or the manner in which their |
| |
amount is to be assessed, and |
| |
(c) | the accommodation and facilities (if any) that are to be |
| |
provided by the manager in connection with that policing. |
| 20 |
(4) | The relevant persons are— |
| |
(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) | If the Secretary of State so requests, the manager of a relevant |
| 25 |
aerodrome must supply the Secretary of State with a copy of any |
| |
police services agreement which is in force in relation to the |
| |
| |
(6) | In this section, “policing measures”, in relation to an aerodrome |
| |
security plan, means the security measures specified in the plan as |
| 30 |
the measures to be taken by the chief officer of police for the relevant |
| |
| |
25C | Police services agreements: duration etc. |
| |
(1) | A police services agreement must specify the period for which it is to |
| |
| 35 |
(2) | In the case of the first police services agreement for the aerodrome, |
| |
the period specified must— |
| |
(a) | begin on the day when the requirement in section 25B(1) first |
| |
applies in relation to the aerodrome, and |
| |
(b) | end on either the 31 March next following that day or on any |
| 40 |
subsequent 31 March specified in the plan. |
| |
(3) | In the case of any subsequent police services agreement (other than |
| |
one to which subsection (5) applies), the period specified must— |
| |
(a) | begin on 1 April, and |
| |
(b) | end on either the 31 March next following that day or on any |
| 45 |
subsequent 31 March specified in the plan. |
| |
| |
| |
|
| |
| |
(4) | Subsection (5) applies if— |
| |
(a) | there is a period during which an aerodrome security plan in |
| |
force in relation to the aerodrome contains no policing |
| |
measures (and, accordingly, the requirement in section |
| |
25B(1) does not apply in relation to the aerodrome), but |
| 5 |
(b) | the plan is varied to include such measures. |
| |
(5) | The first police services agreement following the variation must— |
| |
(a) | begin on the day when the variation comes into effect (and, |
| |
accordingly, the requirement in section 25B(1) again applies |
| |
in relation to the aerodrome), and |
| 10 |
(b) | end on either the 31 March next following that day or on any |
| |
subsequent 31 March specified in the plan. |
| |
(6) | If there is a dispute about the policing of a relevant aerodrome which |
| |
relates to a police services agreement which is not in force, the |
| |
Secretary of State may direct that the agreement is to come into force |
| 15 |
at the beginning of a day other than that specified in subsection |
| |
(2)(a), (3)(a) or (5)(a). |
| |
25D | Review and variation of police services agreements |
| |
| |
(a) | must keep a police services agreement under review, and |
| 20 |
| |
25E | Discharge of functions of relevant persons in relation to police |
| |
| |
(1) | In determining the terms of a police services agreement, and in |
| |
exercising their functions under section 25D, the relevant persons |
| 25 |
must, in particular, have regard to the matters specified in |
| |
| |
| |
(a) | any aerodrome security plan which specifies that policing |
| |
measures are to be taken in relation to the aerodrome during |
| 30 |
the whole or any part of the period for which the police |
| |
services agreement will be in force, |
| |
(b) | any information given to the relevant persons by the security |
| |
executive group for the aerodrome which is relevant to the |
| |
police services agreement, |
| 35 |
(c) | 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, met by any person other |
| |
than the manager of the aerodrome, and |
| |
(d) | any guidance given by the Secretary of State which is relevant |
| 40 |
to the discharge by the relevant persons of their functions in |
| |
relation to police services agreements. |
| |
(3) | A chief officer of police may authorise another person to exercise any |
| |
of the officer’s functions under this Part in relation to police services |
| |
| 45 |
(4) | In this section, “policing measures” has the same meaning as in |
| |
| |
| |
| |
|
| |
| |
6 (1) | Section 26 (exercise of police functions) is amended as follows. |
| |
(2) | In the heading for “at designated airports” substitute “at relevant |
| |
| |
(3) | In subsection (1) for “a designated airport” substitute “a relevant |
| |
| 5 |
| |
(a) | for “an aerodrome which is a designated airport” substitute “a |
| |
| |
(b) | omit the word “and” at the end of paragraph (a), |
| |
(c) | in paragraph (b) for “security or policing purposes” substitute |
| 10 |
| |
(d) | after paragraph (b) insert “; and |
| |
(c) | any aerodrome security plan for the aerodrome.” |
| |
(5) | In subsection (2C) for “an aerodrome which is a designated airport” |
| |
substitute “a relevant aerodrome”. |
| 15 |
(6) | After subsection (2C) insert— |
| |
“(2CA) | Unless the aerodrome was a designated airport immediately before |
| |
the commencement of section 77 of the Policing and Crime Act 2009, |
| |
subsection (2C) does not apply in relation to any time before the end |
| |
of the period of 3 months beginning with the day on which an |
| 20 |
aerodrome security plan is first required to be in force in relation to |
| |
the aerodrome (by virtue of section 24AE(1)).” |
| |
(7) | For subsection (2E) substitute— |
| |
“(2E) | For the purposes of subsection (2A)(b) a measure is taken in relation |
| |
to the aerodrome for security purposes if it is taken for a purpose to |
| 25 |
which Part 2 applies or otherwise for the purpose of preventing |
| |
crime or preserving the peace at the aerodrome.” |
| |
7 (1) | Section 27 (prevention of theft) is amended as follows. |
| |
(2) | In the heading for “at designated airports” substitute “at relevant |
| |
| 30 |
(3) | In subsection (2)(a) for “an aerodrome which is a designated airport” |
| |
substitute “a relevant aerodrome”. |
| |
8 (1) | Section 28 (byelaws) is amended as follows. |
| |
(2) | In the heading for “designated airports” substitute “relevant aerodromes”. |
| |
(3) | In subsection (1) for “a designated airport” substitute “a relevant |
| 35 |
| |
(4) | In subsection (2) for “any aerodrome which is a designated airport” |
| |
substitute “any relevant aerodrome”. |
| |
9 (1) | Section 29 (control of road traffic) is amended as follows. |
| |
(2) | In the heading for “at designated airports” substitute “at relevant |
| 40 |
| |
| |
| |
|
| |
| |
(3) | In subsection (1) for “a designated airport” substitute “a relevant |
| |
| |
(4) | In subsection (2) for “a designated airport” substitute “a relevant |
| |
| |
10 | For sections 29A to 29D substitute— |
| 5 |
“29A | Power to refer disputes to Secretary of State |
| |
(1) | A relevant person may refer a dispute about the policing of a |
| |
relevant aerodrome to the Secretary of State. |
| |
(2) | For the purposes of this section and sections 29B to 29D, there is a |
| |
dispute about the policing of a relevant aerodrome if— |
| 10 |
(a) | there is a dispute between any of the relevant persons about |
| |
the terms to be included in a police services agreement and, |
| |
in consequence, there is, or there is likely to be, a breach of the |
| |
requirement imposed by section 25B(1), |
| |
(b) | there is a dispute between any of the relevant persons about |
| 15 |
whether or how a police services agreement should be |
| |
| |
(c) | there is a dispute between any of the relevant persons about |
| |
the construction or operation of a police services agreement |
| |
which is or has been in force in relation to the aerodrome, or |
| 20 |
(d) | there is a dispute between any of the relevant persons about |
| |
the payments to be made, or the accommodation and |
| |
facilities to be provided, under section 26(2C). |
| |
(3) | For the purposes of subsection (2)(c) or (d), it does not matter |
| |
whether the aerodrome is a relevant aerodrome when the dispute |
| 25 |
| |
29B | Powers of Secretary of State in relation to disputes |
| |
(1) | This section applies where— |
| |
(a) | a dispute about the policing of a relevant aerodrome is |
| |
referred to the Secretary of State under section 29A, or |
| 30 |
(b) | although no such reference is made, the Secretary of State |
| |
thinks that there is a dispute about the policing of a relevant |
| |
| |
(2) | The Secretary of State may require any relevant person to take such |
| |
steps as the Secretary of State thinks may assist to resolve the |
| 35 |
| |
(3) | The Secretary of State may require any relevant person 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). |
| 40 |
(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 |
| |
| |
(5) | If the Secretary of State decides not to exercise the power in |
| 45 |
subsection (2), or if the Secretary of State exercises that power but the |
| |
| |
| |
|
| |
| |
dispute is not resolved, the Secretary of State may determine the |
| |
| |
29C | Dispute resolution: procedure |
| |
(1) | This section applies where the Secretary of State is determining a |
| |
dispute about the policing of a relevant aerodrome. |
| 5 |
(2) | The Secretary of State must give the relevant persons an opportunity |
| |
| |
(3) | If the dispute falls within section 29A(2)(a) or (b), the Secretary of |
| |
State must have regard to the matters mentioned in section 25E(2). |
| |
(4) | Subject to subsections (2) and (3), the Secretary of State may decide |
| 10 |
the procedure for determining the dispute. |
| |
(5) | In particular, the Secretary of State may require a relevant person to |
| |
provide such information as the Secretary of State may specify to— |
| |
(a) | the Secretary of State, or |
| |
(b) | another relevant person. |
| 15 |
(6) | Subsection (7) applies if, in determining a dispute about the policing |
| |
of a relevant aerodrome, the Secretary of State— |
| |
(a) | provides information to a relevant person, or |
| |
(b) | requires a relevant person to provide information to another |
| |
| 20 |
(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. |
| |
29D | Dispute resolution: powers |
| |
(1) | This section applies where the Secretary of State has considered a |
| 25 |
dispute about the policing of a relevant aerodrome. |
| |
(2) | Where the dispute is within section 29A(2)(a), the Secretary of |
| |
| |
(a) | must make a declaration as to the terms which are to have |
| |
effect as the terms of a police services agreement between the |
| 30 |
| |
(b) | may make an order as to costs. |
| |
(3) | Where a declaration is made under subsection (2)(a), references in |
| |
this Part to a police services agreement are to have effect, so far as |
| |
necessary, as references to the terms which the declaration provides |
| 35 |
are to have effect as the terms of a police services agreement. |
| |
(4) | Where the dispute is within section 29A(2)(b), the Secretary of State |
| |
| |
(a) | make a declaration varying the police services agreement; |
| |
(b) | determine that the manager of the aerodrome is obliged to |
| 40 |
pay to the police authority for the relevant police area a |
| |
specified sum or a sum to be assessed in a specified manner; |
| |
(c) | determine that the police authority for the relevant police |
| |
area is obliged to pay to the manager of the aerodrome a |
| |
specified sum or a sum to be assessed in a specified manner; |
| 45 |
| |
| |
|
| |
| |
(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 as to costs. |
| |
(5) | Where the dispute is within section 29A(2)(c), the Secretary of State |
| 5 |
| |
(a) | make a declaration as to how any term of the police services |
| |
agreement is to be construed; |
| |
(b) | make a declaration as to how any term of the agreement is to |
| |
be, or ought to have been, operated; |
| 10 |
(c) | make a declaration varying the agreement; |
| |
(d) | 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; |
| |
(e) | determine that the police authority for the relevant police |
| 15 |
area is obliged to pay to the manager of the aerodrome a |
| |
specified sum or a sum to be assessed in a specified manner; |
| |
(f) | 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; |
| 20 |
(g) | make an order as to costs. |
| |
(6) | Where the dispute is within section 29A(2)(d), the Secretary of State |
| |
| |
(a) | determine that the manager of the aerodrome is obliged to |
| |
pay to the police authority for the relevant police area a |
| 25 |
specified sum or a sum to be assessed in a specified manner; |
| |
(b) | determine that the police authority for the relevant police |
| |
area is obliged to pay to the manager of the aerodrome a |
| |
specified sum or a sum to be assessed in a specified manner; |
| |
(c) | determine that the manager of the aerodrome is obliged to |
| 30 |
provide specified accommodation and facilities for use in |
| |
connection with the policing provided for the aerodrome; |
| |
(d) | make an order as to costs. |
| |
(7) | In this section, “costs” means— |
| |
(a) | the legal or other costs incurred by the Secretary of State |
| 35 |
(including costs attributable to the work of officials of the |
| |
| |
(b) | the legal or other costs incurred by any of the relevant |
| |
| |
29E | Dispute resolution: appeals and enforcement etc. |
| 40 |
(1) | A relevant person may appeal to the High Court against— |
| |
(a) | any requirement imposed on the person under section |
| |
| |
(b) | any declaration, determination or order of the Secretary of |
| |
| 45 |
(2) | Any requirement imposed under section 29B(3) or 29C(7), and any |
| |
declaration, determination or order made under section 29D may, |
| |
with the permission of the High Court, be enforced as if it were a |
| |
| |
| |
|
