Airports Act 1986

30 Directions to airport operators in the interests of national security etc. U.K.

(1) The Secretary of State may give to any airport operator or to airport operators generally such directions of a general character as appear to the Secretary of State to be necessary or expedient in the interests of national security or of relations with a country or territory outside the United Kingdom.

(2) The Secretary of State may give to any airport operator a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the Secretary of State considers it necessary or expedient to give such a direction in the interests of national security.

(3) The Secretary of State may give to the appropriate person in relation to any airport a direction requiring that person (according to the circumstances of the case)—

(a) to do, or not to do, in connection with any operational activities relating to the airport a particular thing specified in the direction, or

(b) to secure that a particular thing specified in the direction is done or not done in connection with any such activities,

if the Secretary of State considers it necessary or expedient to give such a direction in order to discharge or facilitate the discharge of any international obligation of the United Kingdom.

(4) In subsection(3)—

• “the appropriate person”, in relation to an airport, means—

(a) the airport operator, or

(b) an associated company of the airport operator; and

• “operational activities”, in relation to an airport, means any activities—

(a) which are carried on wholly or mainly for the benefit of users of the airport, or

(b) the revenues from which are wholly or mainly attributable to payments by such users;

but the Secretary of State may by order make such modifications of the definition of “operational activities” as he thinks necessary or expedient having regard to any international obligation of the United Kingdom.

[F1 (4A) In so far as any direction applying to an airport operator by virtue of subsection (1), (2) or (3) conflicts with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the direction shall be disregarded.]

(5) In so far as any direction applying to an airport operator by virtue of subsection (1), (2) or (3) conflicts with the requirements of any other enactment or instrument having effect in relation to him as an airport operator [F2 (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act)], those requirements shall be disregarded; and it is hereby declared that nothing in F3 ... [F4 Part 1 of the Civil Aviation Act 2012] is to be construed as prejudicing the generality of subsection (3).

(6) The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security or of relations with a country or territory outside the United Kingdom, or against the commercial interests of any person.

(7) A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, any direction given or other thing done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that direction or thing is against the interests of national security or of relations with a country or territory outside the United Kingdom, or against the commercial interests of some other person.

(8) Any person who in contravention of subsection (7) discloses any direction given, or other thing done, by virtue of this section shall be guilty of an offence and liable—

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

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

(9) Before giving any direction or directions under this section to a particular person the Secretary of State shall consult that person; and before giving any directions under subsection (1) to airport operators generally the Secretary of State of State shall consult such of the following, namely—

(a) airport operators who appear to him to be likely to be affected by the directions, and

(b) organisations representing airport operators,

as he considers appropriate.

Textual Amendments

F1 S. 30(4A) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. V para. 19(2) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F2 Words in s. 30(5) inserted (1.2.2001) by 2000 c. 38, s. 97, Sch. 8 Pt. V para. 19(3) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F3 Words in s. 30(5) omitted (1.4.2014) by virtue of The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013 (S.I. 2013/610), reg. 1(3), Sch. 2 para. 1

F4 Words in s. 30(5) inserted (6.4.2013) by The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013 (S.I. 2013/610), reg. 1(2), Sch. 1 para. 1(a)