Aviation Security Act 1982

Supplemental provisions with respect to directions

15Matters which may be included in directions under ss. 12 to 14

(1)A direction under subsection (1) of section 12 or under section 13 of this Act may specify the minimum number of persons by whom any search to which the direction relates is to be carried out, the qualifications which persons carrying out any such search are to have, the manner in which any such search is to be carried out, and any apparatus, equipment or other aids to be used for the purpose of carrying out any such search.

(2)A direction under subsection (2) of section 12 of this Act may specify the qualifications required to be had by persons carrying out any modifications or alterations, or the installation of any additional apparatus or equipment, to which the direction relates.

(3)Before specifying any qualifications in accordance with subsection (2) above, the Secretary of State shall inform the Civil Aviation Authority of the qualifications proposed to be specified, and shall take account of any advice given to him by that Authority with respect to those proposals.

(4)A direction under section 14 of this Act may specify—

(a)the minimum number of persons to be employed for the purposes of any measures required by the direction to be taken by an operator of aircraft or by the manager of an aerodrome, and the qualifications which persons employed for those purposes are to have, and

(b)any apparatus, equipment or other aids to be used for those purposes.

(5)In so far as a direction under any of the preceding provisions of this Part of this Act requires searches to be carried out, or other measures to be taken, by constables, the direction may require the person to whom it is given to use his best endeavours to secure that constables will be duly authorised to carry, and will carry, firearms when carrying out the searches or taking the measures in question.

(6)Nothing in subsections (1) to (5) above shall be construed as limiting the generality of any of the preceding provisions of this Part of this Act.

(7)In this section " qualifications" includes training and experience.

16Limitations on scope of directions under ss. 12 to 14

(1)Without prejudice to subsection (5) of section 15 of this Act, a direction shall not require or authorise any person to carry a firearm.

(2)A direction shall not have effect in relation to any aircraft used in military, customs or police service.

(3)A direction shall not have effect in relation to any aircraft of which the operator is the Government of a country outside the United Kingdom, or is a department or agency of such a Government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that Government, department or agency for such use.

(4)A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorising the operator of any aircraft, or the manager of any aerodrome, or any person acting as the servant or agent of such an operator or manager, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances (whether at the instance of such an operator or manager or otherwise) by a constable, or its use by any other person in the exercise of a power conferred by section 7(1) or 13(3) of this Act or by any of the following provisions of this Act.

(5)In so far as a direction requires anything to be done or not done at a place outside the United Kingdom—

(a)it shall not have effect except in relation to aircraft registered in the United Kingdom, and

(b)it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.

(6)In so far as a direction given to the manager of an aerodrome requires any building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the manager of the aerodrome any rights as against a person having—

(a)an interest in that land, or

(b)a right to occupy that land, or

(c)a right restrictive of its use ;

and accordingly the direction shall not be construed as requiring the manager of the aerodrome to do anything which would be actionable at the suit or instance of such a person in his capacity as a person having that interest or right.

(7)Nothing in this section shall be construed as derogating from any exemption or immunity of the Crown in relation to the provisions of this Part of this Act.

(8)In this section " direction " means a direction under section 12, 13 or 14 of this Act.

17General or urgent directions under ss. 12 and 14

(1)A direction given to any person under section 12 or 14 of this Act need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs.

(2)If it appears to the Secretary of State that an exception from any direction given under either of those sections is required as a matter of urgency in any particular case he may, by a notification given (otherwise than in writing) to the person for the time being subject to the direction, authorise that person to disregard the requirements of the direction—

(a)in relation to such aircraft or class of aircraft, or in relation to such persons or property or such description of persons or property, and

(b)on such occasion or series of occasions, or for such period,

as he may specify; and the direction shall have effect in that case subject to any exceptions so specified.

(3)Any notification given to any person under subsection (2) above with respect to any direction shall cease to have effect (if it has not already done so)—

(a)if a direction in writing is subsequently given to that person varying or revoking the original direction; or

(b)if no such direction in writing is given within the period of thirty days beginning with the date on which the notification was given, at the end of that period.

(4)Any notification given under subsection (2) above shall be regarded as given to the person to whom it is directed if it is given—

(a)to any person authorised by that person to receive any such direction or notification ;

(b)where that person is a body corporate, to the secretary, clerk or similar officer of the body corporate; and

(c)in any other case, to anyone holding a comparable office or position in that person's employment.

18Objections to certain directions under s. 14

(1)This section applies to any direction given under section 14 of this Act which—

(a)requires a person to take measures consisting of or including the construction, execution, alteration, demolition or removal of a building or other works ; and

(b)does not contain a statement that the measures are urgently required and that accordingly the direction is to take effect immediately.

(2)At any time before the end of the period of thirty days beginning with the date on which a direction to which this section applies is given, the person to whom the direction is given may serve on the Secretary of State a notice in writing objecting to the direction, on the grounds that the measures specified in the direction, in so far as they relate to the construction, execution, alteration, demolition or removal of a building or other works—

(a)are unnecessary and should be dispensed with ; or

(b)are excessively onerous or inconvenient and should be modified in a manner specified in the notice.

(3)Where the person to whom such a direction is given serves a notice under subsection (2) above objecting to the direction, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—

(a)confirming the direction as originally given ; or

(b)confirming it subject to one or more modifications specified in the notice under this subsection; or

(c)withdrawing the direction;

and the direction shall not take effect until it has been confirmed (with or without modifications) by a notice served under this subsection.

19Operation of directions under Part II in relation to rights and duties under other laws

(1)The following provisions of this section, where they refer to a direction under any of the preceding provisions of this Part of this Act, shall be construed as referring to that direction as it has effect subject to any limitation imposed on its operation

(a)by section 16 of this Act, or

(b)by any exemption or immunity of the Crown;

and any reference in those provisions to compliance with such a direction shall be construed as a reference to compliance with it subject to any limitation so imposed.

(2)In so far as any such direction requires anything to be done or not done in the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not) or contained in, or having effect by virtue of, any other Act or any rule of law ; and accordingly no proceedings (whether civil or criminal) shall lie against any person in any United Kingdom court by reason of anything done or not done by him or on his behalf in compliance with such a direction.

(3)In so far as such a direction requires anything to be done or not done at a place outside the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not); and accordingly, where such a direction is inconsistent with anything in such a contract, it shall (without prejudice to any proceedings in a court other than a United Kingdom court) be construed as requiring compliance with the direction notwithstanding that compliance would be in breach of that contract.

(4)No proceedings for breach of contract shall lie against any person in a United Kingdom court by reason of anything done or not done by him or on his behalf at a place outside the United Kingdom in compliance with any such direction, if the contract in question is a United Kingdom contract.

(5)In this section " United Kingdom court" means a court exercising jurisdiction in any part of the United Kingdom under the law of the United Kingdom or of part of the United Kingdom, and " United Kingdom contract" means a contract which is either expressed to have effect in accordance with the law of the United Kingdom or of part of the United Kingdom or (not being so expressed) is a contract of which the proper law is the law of the United Kingdom or of part of the United Kingdom.

20Inspection of aircraft and aerodromes

(1)For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of the preceding provisions of this Part of this Act, or of ascertaining whether any such direction is being or has been complied with, any person authorised in writing by the Secretary of State (in this section referred to as an " authorised person ") shall have power, on production (if required) of his credentials, to inspect—

(a)any aircraft registered or operating in the United Kingdom, at a time when it is in the United Kingdom, or

(b)any part of any aerodrome in the United Kingdom.

(2)An authorised person inspecting an aircraft or any part of an aerodrome under subsection (1) above shall have power—

(a)to subject any property found by him in the aircraft (but not the aircraft itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the aerodrome or any property found by him there, to such tests, or

(b)to require the operator of the aircraft, or the manager of the aerodrome, to furnish to him such information,

as the authorised person may consider necessary for the purpose for which the inspection is carried out.

(3)Subject to subsection (4) below, an authorised person, for the purpose of exercising any power conferred on him by the preceding provisions of this section in relation to an aircraft or in relation to an aerodrome, shall have power—

(a)for the purpose of inspecting an aircraft, to enter it and to take all such steps as are necessary to detain it, or

(b)for the purpose of inspecting any part of an aerodrome, to enter any building or works in the aerodrome or enter upon any land in the aerodrome.

(4)The powers conferred by subsection (3) above shall not include power for an authorised person to use force for the purpose of entering any aircraft, building or works or entering upon any land.

(5)Any person who—

(a)wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by or under this section, or

(b)refuses or, without reasonable excuse, fails to comply with a requirement imposed on him under subsection (2)(b) above, or

(c)in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable—

(i)on summary conviction, to a fine not exceeding the statutory maximum;

(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.