Civil Aviation Act 2012

Aviation Security Act 1982 (c. 36) U.K.

4 U.K. Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts of violence and other unlawful interference) is amended as follows.

Commencement Information

I1 Sch. 11 para. 4 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

5 U.K. For the heading before section 11 substitute “ Information ”.

Commencement Information

I2 Sch. 11 para. 5 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

6 (1) Section 11 (power to require information) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “ A relevant authority ”,

(b) for “the Secretary of State”, in each place, substitute “ the authority ”, and

(c) for “his functions” substitute “ functions conferred by or ”.

(3) After that subsection insert—

“(1A) Each of the following is a relevant authority for the purposes of this section—

(a) the Secretary of State, and

(b) the CAA.”

(4) In subsections (2) to (4) and (6) for “Secretary of State”, in each place, substitute “ relevant authority ”.

(5) In subsection (4) for “him” substitute “ the authority ”.

(6) In subsection (6)—

(a) after “person” insert “ by a relevant authority ”, and

(b) after “varied” insert “ by the relevant authority ”.

(7) Accordingly, in the heading of that section omit “for Secretary of State”.

Commencement Information

I3 Sch. 11 para. 6 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

7 U.K. Before section 11A insert— “ Designation of security restricted areas ”.

Commencement Information

I4 Sch. 11 para. 7 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

8 (1) Section 11A (designation of security restricted area) is amended as follows. U.K.

(2) After subsection (4) insert—

“(4A) Before approving an application without modifications the Secretary of State shall consult the CAA.”

(3) In subsection (5), before paragraph (a) insert—

“(za) the CAA,”.

(4) In subsection (8), before paragraph (a) insert—

“(za) the CAA,”.

Commencement Information

I5 Sch. 11 para. 8 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

9 U.K. Before section 12 insert— “ Directions ”.

Commencement Information

I6 Sch. 11 para. 9 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

10 U.K. In section 12(3) (power to impose restrictions in relation to aircraft)—

(a) for “the Civil Aviation Authority” substitute “ the CAA ”, and

(b) for “that Authority” substitute “ the CAA ”.

Commencement Information

I7 Sch. 11 para. 10 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

11 U.K. In section 15(2) (matters which may be included in directions under section 12) for “the Civil Aviation Authority” substitute “ the CAA ”.

Commencement Information

I8 Sch. 11 para. 11 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

12 (1) After section 17 insert— U.K.

“17A Copies of directions etc for CAA

(1) The Secretary of State must give the CAA a copy of—

(a) each direction under section 12, 13, 13A or 14, and

(b) each direction varying or revoking such a direction.

(2) The Secretary of State must inform the CAA of each notification given under section 17.”

(2) The amendment made by sub-paragraph (1) applies only in relation to directions and notifications given on or after the day on which this paragraph comes into force.

Commencement Information

I9 Sch. 11 para. 12 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

13 (1) Section 18A (enforcement notices) is amended as follows. U.K.

(2) Omit subsection (3).

(3) After that subsection insert—

“(4) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice.

(5) Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice.”

Commencement Information

I10 Sch. 11 para. 13 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

14 (1) Section 18D (objections to enforcement notices) is amended as follows. U.K.

(2) After subsection (3) insert—

“(3A) On receipt of an objection to an enforcement notice under subsection (1) the Secretary of State must—

(a) give a copy of the objection to the authorised person who served the enforcement notice and the CAA,

(b) consider the objection,

(c) allow the person making the objection and the authorised person who served the enforcement notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State,

(d) give a decision notice to the person who made the objection, and

(e) give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA.”

(3) In subsection (4)—

(a) for the words from the beginning to “on the objector” substitute “ In this section “decision notice” means ”, and

(b) in paragraph (b) for “notice under this subsection” substitute “ decision notice ”.

(4) In subsection (5) for “a notice under subsection (4) above”, in both places, substitute “ a decision notice ”.

Commencement Information

I11 Sch. 11 para. 14 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

15 (1) Section 20B (detention directions) is amended as follows. U.K.

(2) After subsection (2) insert—

“(2A) Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act gives a detention direction, the Secretary of State must give the CAA a copy of the direction.

(2B) Where a person authorised in writing by the CAA for the purposes of this Part of this Act gives a detention direction, the CAA must give the Secretary of State a copy of the direction.”

(3) In subsection (5)—

(a) before paragraph (a) insert—

“(za) give a copy of the objection to the authorised person who gave the direction and the CAA,”,

(b) omit “and” at the end of paragraph (c),

(c) in paragraph (d) omit “and the authorised person who gave the direction”, and

(d) after that paragraph insert “, and

(e) give a copy of the notice to the authorised person who gave the direction and the CAA.”

Commencement Information

I12 Sch. 11 para. 15 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

16 U.K. In section 21 (application of provisions to air navigation installations), in subsection (7)—

(a) after “in section” insert “ 14A, 16A, ”, and

(b) after “17,” insert “ 17A, ”.

Commencement Information

I13 Sch. 11 para. 16 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)

17 (1) Section 21G (duty to report certain occurrences) is amended as follows. U.K.

(2) In subsection (1) after “to him” insert “ or the CAA ”.

(3) In subsection (2) after “consult” insert “—

(a) the CAA, and

(b)”.

Commencement Information

I14 Sch. 11 para. 17 in force at 1.4.2014 by S.I. 2014/262, art. 3(a)