Aviation Security Act 1982

Miscellaneous supplemental provisionsU.K.

22 Compensation in respect of certain measures taken under Part II.U.K.

(1)The provisions of this section shall have effect where, in compliance with a direction under section 14 of this Act or under that section as applied or modified by section 21 of this Act, [F1or in compliance with an enforcement notice, the person to whom the direction was given or on whom the notice was served]takes any measures consisting of the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside [F2an aerodrome or]air navigation installation, as the case may be.

(2)If the value of any interest in that land to which a person is entitled is depreciated in consequence of the taking of those measures, or the person having such an interest suffers loss in consequence of them by being disturbed in his enjoyment of any of that land, he shall be entitled to compensation equal to the amount of the depreciation or loss.

(3)If any land other than the land on which the measures are taken is injuriously affected by the taking of those measures, any person having an interest in that other land, who suffers loss in consequence of its being injuriously affected, shall be entitled to compensation equal to the amount of the loss.

(4)Any compensation to which a person is entitled under this section shall be payable to him by the person . . . F3by whom the measures in question were taken.

(5)The provisions of Schedule 1 to this Act shall have effect for the purposes of this section; and the preceding provisions of this section shall have effect subject to the provisions of that Schedule.

[F422ACivil penalties for failure to provide information or comply with a directionU.K.

(1)The Secretary of State may make regulations imposing penalties for—

(a)failure to comply with a requirement imposed by a notice under section 11 (notice requiring information);

(b)making a false statement in furnishing information required by a notice under that section;

(c)failure to comply with a direction under any of sections 12 to 14.

(2)Regulations under subsection (1) may in particular make provision—

(a)about how a penalty is to be calculated;

(b)about the procedure for imposing a penalty;

(c)about the enforcement of penalties;

(d)allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3)Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

(4)The regulations must provide that no penalty may be imposed on a person for failure to comply with the requirements of a notice under section 11, or for making a false statement in furnishing information required by such a notice, where proceedings have been instituted against the person for an offence under section 11(5) in respect of the same failure or false statement.

(5)The regulations must provide that no penalty may be imposed on a person for failure to comply with a direction under any of sections 12 to 14 where proceedings have been instituted against the person for an offence under any of those sections in respect of the same failure.

(6)Any penalty paid by virtue of this section must be paid into the Consolidated Fund.

(7)Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.]

23 Annual report by Secretary of State as to notices and directions under Part II.U.K.

(1)The Secretary of State shall, on or before 31st January in each year, lay before each House of Parliament a report stating the number of notices served by him under section 11 of this Act [F5, the number of directions given by him under sections 12, 13, 13A and 14 of this Act and enforcement notices [F6and detention directions] served by authorised persons]during the period of twelve months which expired with the preceding December.

(2)Each such report shall deal separately with notices served under section 11, directions given under section 12, directions given under section 13 [F7, directions given under section 13A and directions given under section 14 of this Act][F8 ,enforcement notices and detention directions], and, in relation to each of those matters, shall show separately—

(a)the number of notices or directions which, during the period to which the report relates, were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, operators of aircraft;

(b)the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, managers of aerodromes; and

[F9(bb)the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons occupying land forming part of an aerodrome or air navigation installation;

(bc)the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons permitted to have access to a [F10 security restricted area ] of an aerodrome or air navigation installation for the purposes of the activities of a business;]

(c)the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, authorities responsible for air navigation installations.

(3)In this section any reference to section 11, 13 [F11, 13A] or 14 of this Act shall be construed as including a reference to that section as applied or modified by section 21 of this Act.

[F1223A Functions of CAA under this Part U.K.

(1) The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies.

(2) If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 ( CAA 's general objectives) it must—

(a)consult the Secretary of State, and

(b)resolve the conflict in the manner directed by the Secretary of State,

and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act.]

[F13 24 Service of documents.U.K.

(1)This section has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of this Act to be served on or given to any person.

(2)Any such document may be given to or served on any person—

(a)by delivering it to him, or

(b)by leaving it at his proper address, or

(c)by sending it by post to him at that address, or

(d)by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication, [F14 or

(e)where—

(i)an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (2E), and

(ii)that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that subsection,

by using electronic communications to send the document in that form to that person at that address] [F15, or

(f)in the case of a person who is required by regulations to be able to accept service electronically in a manner and form specified in the regulations, in that manner and form.]

[F16( 2A)A document given to or served on a person in accordance with subsection (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.

(2B)Where a document is given to or served on a person in accordance with subsection (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than—

(a)a Saturday or a Sunday;

(b)Christmas Day or Good Friday; or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

(2C)A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where—

(a)that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in subsection (2));

(b)that person has not withdrawn his agreement in accordance with subsection (2F);

(c)the document in question is a document to which the agreement applies;

(d)the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose—

(i)stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;

(ii)setting out the address of that web site; and

(iii)setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and

(e)the published document is in a form sufficiently permanent to be used for subsequent reference.

(2D)Where a document is given to or served on a person in accordance with subsection (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (2C)(d) is given.

(2E)A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (2)(e) may give notice withdrawing that address or that agreement or both.

(2F)A person who has an agreement with the Secretary of State or an authorised person under subsection (2C)(a) may give notice withdrawing that agreement.

(2G)A withdrawal under subsection (2E) or (2F) shall take effect on the later of—

(a)the date specified by the person in the notice; and

(b)the date which is fourteen days after the date on which the notice is given.

(2H)A notice under subsection (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.

(2I)Oral notice is not sufficient for the purposes of subsections (2E) or (2F). ]

[F17(3) Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body. ]

(4)For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer, it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).

(5)If the person to or on whom any document mentioned in subsection (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than his proper address within the meaning of subsection (4) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

(6)Where an authorised person—

(a)intends to serve an enforcement notice on any person (the intended recipient), and

(b)is of the opinion that all the requirements of the notice could be complied with by an employee or agent of the intended recipient,

the authorised person may, after consulting that employee or agent, serve the notice on the intended recipient by delivering it to that employee or agent or by sending it to that employee or agent at the proper address of the employee or agent by such means as are mentioned in subsection (2)(d) above.

(7)An authorised person who serves an enforcement notice under subsection (6) above on an employee or agent of the intended recipient shall serve a copy of the notice on the intended recipient.

(8)Nothing in subsection (6) above shall be taken to impose on the employee or agent to whom the enforcement notice is delivered or sent any obligation to comply with it.]

[F18(9)Subsections (6) to (8) above shall apply to a detention direction as they apply to an enforcement notice.]

[F19(10)Regulations under this section—

(a)may make different provision for different cases,

(b)may include incidental, supplemental or transitional provision,

(c)shall be made by the Secretary of State by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F20 24A Interpretation of Part II.U.K.

(1)In this Part of this Act, except in so far as the context otherwise requires—

• act of violence has the meaning given by section 10(2) of this Act,

• [F21 “address”, in relation to electronic communications, means any number or address used for the purposes of such communications, ]

• [F22 “ authorised person ” means a person authorised in writing by the Secretary of State or the CAA for the purposes of this Part of this Act, ]

• [F23 “ the CAA ” means the Civil Aviation Authority, ]

• [F21 “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) , ]

• employee in relation to a body corporate, includes officer,

• enforcement notice has the meaning given by section 18A(1) of this Act, F24 ...

• [F25 “Framework Regulation” means Regulation ( EC ) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security, ]

• restricted zone, in relation to an aerodrome or air navigation installation, means any part of the aerodrome or installation designated under section 11A of this Act or, where the whole of the aerodrome or installation is so designated, that aerodrome or installation[F26, and

• “security restricted area” has the meaning given by Article 3 of the Framework Regulation.]

(2)For the purposes of this Part of this Act a person is permitted to have access to a [F27 security restricted area ] of an aerodrome or air navigation installation if he is permitted to enter [F28 that area ] or if arrangements exist for permitting any of his employees or agents to enter that zone.]

[F29(3)For the purposes of this Part of this Act, in circumstances where the Framework Regulation does not apply, references to a security restricted area are to be read as references to a restricted zone (and references to that area are to be read accordingly).]