|
| |
| |
the aerodrome is to provide accommodation or facilities in connection |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
24AF | Aerodrome security plans: duration etc. |
| |
(1) | An aerodrome security plan must specify the period for which it is to |
| |
| 15 |
(2) | In the case of the first plan for the aerodrome, the period specified |
| |
| |
(a) | begin on the day after the end of the period mentioned in |
| |
| |
(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. |
| 25 |
(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 |
| |
| |
24AG | Security executive groups |
| |
(1) | The manager of an aerodrome must establish a group (“the security |
| |
executive group”) for the aerodrome. |
| 35 |
(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 |
| |
(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, |
| 45 |
(f) | the individual nominated under subsection (3), and |
| |
| |
| |
|
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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— |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| 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). |
| 40 |
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, |
| 45 |
(c) | any national threat assessment, and |
| |
| |
| |
|
| |
| |
(d) | any guidance given by the Secretary of State which is relevant |
| |
to the group’s functions. |
| |
| |
(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) or (8) 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. |
| |
| |
| |
|
| |
| |
(3) | In subsection (2), “commencement date” means the date on which |
| |
section 76 of the Policing and Crime Act 2009 comes into force. |
| |
(4) | In the case of any other aerodrome to which this Part applies, the |
| |
| |
(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 |
| |
| |
(2) | There is a dispute about security planning for an aerodrome if there |
| |
| 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 |
| |
(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, |
| |
| |
(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— |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| 5 |
(2) | The Secretary of State may require— |
| |
(a) | any member of the security executive group for the aerodrome, |
| |
| |
(b) | any relevant person in relation to the aerodrome, |
| |
| to take such steps as the Secretary of State thinks may assist to resolve |
| 10 |
| |
(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 |
| |
| |
(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) |
| |
| |
(b) | requires such a person to provide information to another person |
| |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| |
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 |
| |
| 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 |
| |
(b) | make an order requiring a relevant person to pay costs. |
| |
(5) | Subsection (4)(a) does not apply in relation to security measures taken |
| |
by the chief officer of police for the relevant police area. |
| |
(6) | In subsection (4)(b) “costs” means— |
| 30 |
(a) | the legal or other costs incurred by the Secretary of State |
| |
(including costs attributable to the work of officials of the |
| |
| |
(b) | the legal or other costs incurred by any members of the security |
| |
executive group or any of the relevant persons. |
| 35 |
24AR | Dispute resolution: appeals and enforcement etc. |
| |
(1) | A relevant person may appeal to the High Court against— |
| |
(a) | any requirement imposed on the person under section 24AO(3), |
| |
| |
(b) | any declaration, determination or order of the Secretary of State |
| 40 |
under section 24AQ which affects that person. |
| |
(2) | Any requirement imposed under section 24AO(3) or 24AP(7), and any |
| |
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 |
| 45 |
use of powers in relation to contempt of court). |
| |
| |
| |
|
