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14

Civil Aviation Bill
Schedule 1 — Policing of airports

 

Schedules

Schedule 1

Section 6

 

Policing of airports

Amendments of Part 3 of 1982 Act

1          

Part 3 of the Aviation Security Act 1982 (c. 36) (“the 1982 Act”) (policing of

5

airports) has effect subject to the following amendments.

2          

After section 25 insert—

“25A    

Consultation about policing of designated airports

(1)   

Before a police services agreement is entered into under section 25B

of this Act in relation to an aerodrome which is a designated

10

airport—

(a)   

the manager of the aerodrome, and

(b)   

the chief officer of police for the relevant police area,

   

acting jointly, must carry out the consultation required by this

section.

15

(2)   

The consultation required by this section is consultation carried out

with all of the persons within subsection (3) below with a view to

establishing—

(a)   

what measures are required to be taken in relation to the

aerodrome for security or policing purposes in order to

20

comply with or take account of—

(i)   

any directions given under sections 12, 13, 13A and 14

of this Act,

(ii)   

any national threat assessment or relevant

information, and

25

(iii)   

any guidance issued by the Secretary of State which

relates to the policing of the aerodrome,

(b)   

what other measures should be taken in relation to the

aerodrome for policing purposes,

(c)   

the extent to which measures within paragraph (a) or (b)

30

above are being taken by persons within subsection (3) below

or the manager of the aerodrome, and

(d)   

in the light of the above, the level of policing which should be

provided for the aerodrome in accordance with section

26(2A) of this Act.

35

(3)   

The persons within this subsection are—

(a)   

any person (other than the manager of the aerodrome) who is

required to take any measures in relation to the aerodrome

 

 

Civil Aviation Bill
Schedule 1 — Policing of airports

15

 

pursuant to a direction given under section 12, 13, 13A or 14

of this Act,

(b)   

the Commissioners for Her Majesty’s Revenue and Customs

(in relation to measures taken by officers of Revenue and

Customs), and

5

(c)   

the Secretary of State (in relation to measures taken by

immigration officers).

(4)   

The Secretary of State may by order provide that subsection (3)

above is to apply in relation to a particular aerodrome with any

modifications specified in the order.

10

(5)   

The power to make an order under subsection (4) above shall be

exercisable by statutory instrument and—

(a)   

any order containing a statement that it is made with the

consent of the manager of the aerodrome and the chief officer

of police for the relevant police area shall be subject to

15

annulment in pursuance of a resolution of either House of

Parliament;

(b)   

any order not containing such a statement shall be laid before

Parliament in draft and shall not be made unless the draft is

approved by resolution of each House of Parliament.

20

(6)   

In this section—

“national threat assessment” means any assessment of a threat

to the aviation industry issued by the Secretary of State;

“policing purposes”, in relation to an aerodrome, means the

purposes of the preservation of the peace, or the prevention

25

of crime, at the aerodrome;

“relevant information”, in relation to an aerodrome, means any

information (other than a national threat assessment) which

is made available by—

(a)   

the manager of the aerodrome,

30

(b)   

any person (other than the manager of the

aerodrome) who is required to take any measures in

relation to the aerodrome pursuant to a direction

given under section 12, 13, 13A or 14 of this Act,

(c)   

the chief officer of the police force for the relevant

35

police area,

(d)   

the Commissioners for Her Majesty’s Revenue and

Customs, or

(e)   

the Secretary of State,

and which relates to a threat to security at the aerodrome or

40

is relevant to the preservation of the peace, or the prevention

of crime, at the aerodrome.

25B     

Police services agreements

(1)   

This section applies where an aerodrome is a designated airport.

(2)   

At any time after the period of 12 months beginning with the

45

operative date there must be a police services agreement in force in

relation to the aerodrome.

 

 

Civil Aviation Bill
Schedule 1 — Policing of airports

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(3)   

In this Part a “police services agreement” means an agreement

between the relevant persons which specifies—

(a)   

the level of policing to be provided for the aerodrome in

accordance with section 26(2A) of this Act during the period

for which the agreement is in force,

5

(b)   

the payments to be made by the manager of the aerodrome in

connection with that policing, or the manner in which such

payments are to be assessed, and

(c)   

any accommodation and facilities to be provided by the

manager in connection with that policing.

10

(4)   

In determining the terms of a police services agreement, the relevant

persons shall have regard (in particular) to—

(a)   

the matters established on the consultation carried out under

section 25A of this Act in contemplation of the agreement,

and

15

(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.

20

(5)   

A police services agreement shall be in force—

(a)   

for a period of twelve months, or

(b)   

if a longer period is specified in the agreement, for the period

so specified.

(6)   

A police services agreement shall contain provision for the

25

agreement to be varied if there is a material change in circumstances

relating to the policing provided for the aerodrome.

(7)   

A police services agreement shall cease to be in force if the

aerodrome to which it relates ceases to be a designated airport.

(8)   

The manager of an aerodrome which is a designated airport shall

30

supply the Secretary of State with a copy of any police services

agreement which is in force in relation to the aerodrome if the

Secretary of State requests a copy.

(9)   

In this section “the operative date”—

(a)   

in the case of an aerodrome which was a designated airport

35

on the date of the passing of the Civil Aviation Act 2006 and

has remained so designated since that date, means that date,

and

(b)   

in any other case, means the date as from which the

aerodrome became a designated airport.

40

(10)   

In this Part “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.”

45

3     (1)  

Section 26 (exercise of police functions at designated airports) is amended as

follows.

 

 

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Schedule 1 — Policing of airports

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      (2)  

After subsection (2) insert—

“(2A)   

The chief officer of police for the relevant police area shall, in making

arrangements for the policing of an aerodrome which is a designated

airport, secure that the level of policing provided under the

arrangements takes account of—

5

(a)   

any measures required to be taken pursuant to directions

given under section 12, 13, 13A or 14 of this Act; and

(b)   

any other measures taken in relation to the aerodrome for

security or policing purposes by immigration officers or

officers of Revenue and Customs or by the manager of the

10

aerodrome.

(2B)   

In relation to any time when a police services agreement is in force in

relation to an aerodrome under section 25B of this Act, the manager

of the aerodrome—

(a)   

shall make to the police authority for the relevant police area

15

such payments in respect of the policing provided for the

aerodrome as fall to be made under the agreement, and

(b)   

shall secure that accommodation and facilities are provided

in accordance with the agreement for use in connection with

that policing.

20

(2C)   

In relation to any time when no police services agreement is in force

in relation to an aerodrome which is a designated airport, the

manager of the aerodrome—

(a)   

shall make to the police authority for the relevant police area

such payments as are necessary to reimburse the authority in

25

respect of the costs reasonably incurred by it in connection

with the policing provided for the aerodrome, and

(b)   

shall secure that suitable accommodation and facilities are

provided for use in connection with that policing.

(2D)   

Subsection (2C)(a) above does not require the manager to pay any

30

costs incurred by the police authority to the extent that those costs

are defrayed by payments made by any other person to the police

authority in respect of the policing provided for the aerodrome.

(2E)   

In this section “policing purposes” has the same meaning as in

section 25A of this Act.”

35

      (3)  

Omit subsection (3).

4          

After section 29 insert—

“29A    

References to Secretary of State

(1)   

Any of the relevant persons may refer to the Secretary of State a

matter to which subsection (2) or (3) below applies.

40

(2)   

This subsection applies to a dispute between the manager of an

aerodrome which is (or has been) a designated airport and the police

authority, or the chief officer of police, for the relevant police area—

(a)   

about the terms, construction or operation of a police services

agreement which is (or has been) in force in relation to the

45

aerodrome, or

 

 

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Schedule 1 — Policing of airports

18

 

(b)   

about the payments to be made, or the accommodation and

facilities to be provided, under section 26(2C) of this Act.

(3)   

This subsection applies to a failure by the relevant persons to enter

into a police services agreement in a case where section 25B(2) of this

Act requires such an agreement to be in force.

5

29B     

Appointment of independent experts

(1)   

This section applies where a matter has been referred to the Secretary

of State under section 29A of this Act.

(2)   

The Secretary of State shall notify to each of the relevant persons the

name of an independent expert who he proposes should deal with

10

the matter.

(3)   

The Secretary of State shall appoint that independent expert to deal

with the matter if, within the initial appointment period, all the

relevant persons agree to the appointment.

(4)   

In default of agreement under subsection (3) above—

15

(a)   

the manager of the aerodrome, and

(b)   

the police authority for the relevant police area and the chief

officer of police for that area, acting jointly,

   

shall each appoint an independent expert within the period of

fourteen days beginning with the date following that on which the

20

initial appointment period ends.

(5)   

The two independent experts so appointed shall appoint a third

independent expert to act as chairman.

(6)   

The three independent experts so appointed shall deal with the

matter.

25

(7)   

An appointment under subsection (5)  above shall be made within the

period of fourteen days beginning with the date on which the second

of the two independent experts is appointed (or, if both independent

experts are appointed on the same date, within the period of fourteen

days beginning with that date).

30

(8)   

In this section “the initial appointment period” means the period of

fourteen days beginning with the date on which the Secretary of

State notifies the relevant parties under subsection (2) above.

(9)   

In this section and section 29C of this Act “independent expert”, in

relation to a matter referred to the Secretary of State under section

35

29A of this Act, means a person—

(a)   

who is independent of the relevant persons and the Secretary

of State,

(b)   

who has no previous connection with the matter in question,

and

40

(c)   

who has relevant legal experience or knowledge or

experience which is relevant to the matter in question.

29C     

Removal and replacement etc. of independent experts

(1)   

On the application of any of the relevant persons, the Secretary of

State may—

45

 

 

Civil Aviation Bill
Schedule 1 — Policing of airports

19

 

(a)   

remove an independent expert on any of the grounds

specified in subsection (2) below;

(b)   

appoint an independent expert to replace one who has been

removed under paragraph (a) above or who has died or

resigned;

5

(c)   

make any appointment which should have (but has not) been

made under section 29B(4) or (5) of this Act.

(2)   

The grounds specified in this subsection are—

(a)   

that circumstances exist that give rise to justifiable doubts as

to the expert’s impartiality;

10

(b)   

that he does not possess the qualifications required by

paragraphs (a) to (c) of section 29B(9) of this Act;

(c)   

that he is physically or mentally incapable of dealing with the

matter in question or there are justifiable doubts as to his

capacity to do so;

15

(d)   

that he has refused or failed—

(i)   

properly to deal with the matter, or

(ii)   

to use all reasonable despatch in dealing with the

matter,

   

and that substantial injustice has been or will be caused to the

20

applicant.

(3)   

The independent experts may not continue to deal with the matter

while an application to the Secretary of State under subsection (1)(a)

above is pending.

(4)   

The Secretary of State may not remove an independent expert under

25

subsection (1)(a) above without first giving him the opportunity to

make representations.

29D     

Determination of matters referred under section 29A

(1)   

This section applies where section 29B of this Act requires—

(a)   

an independent expert, or

30

(b)   

three independent experts,

   

to deal with a matter referred to the Secretary of State under section

29A of this Act (and in this section the independent expert or experts

are referred to as “the tribunal”).

(2)   

The tribunal shall determine the procedure to be followed in dealing

35

with the matter.

(3)   

In particular, the tribunal—

(a)   

where it consists of three independent experts, may take

decisions by a majority vote,

(b)   

shall give each of the relevant persons and the Secretary of

40

State an opportunity to make representations about the

matter in question,

(c)   

may appoint legal advisers to report to it and the relevant

persons,

(d)   

may appoint assessors to assist it on technical matters,

45

(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

 

 

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Schedule 1 — Policing of airports

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(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—

5

(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

10

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;

15

(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

20

(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.

25

(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.

30

(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

35

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).

40

(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,

45

(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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