EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations give effect in the United Kingdom to Regulation (EC) 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security (“the Framework Regulation”) insofar as it is necessary to do so.
These Regulations amend Part II of the Aviation Security Act 1982 (“ASA”) to enable directions to be given to comply with the EC requirements imposed by virtue of the Framework Regulation and to extend the powers of inspection to ensure that compliance with the Framework Regulation can be monitored and enforced in the same way as directions currently given under the ASA.
Regulation 4 provides for the purposes of the Framework Regulation as set out in Article 1 of that Regulation to be included as a purpose to which Part II of the ASA applies. This has the effect of allowing the Secretary of State to issue directions and enforcement notices for compliance with both domestic and EC requirements.
Regulation 5 makes provision for Commission inspectors to carry out Commission inspections of the UK’s compliance with the EC requirements imposed by virtue of the Framework Regulation in the same way as departmental inspectors conduct inspections for compliance with directions. The amendment made by this regulation also allows Commission inspectors to be accompanied by authorised persons, in this case, persons authorised as departmental inspectors, during the conduct of Commission inspections in accordance with the EC requirements imposed by virtue of the Framework Regulation.
Regulation 6 provides that the offence of obstructing an authorised person acting in the exercise of their duties, or falsely pretending to be an authorised person, applies in the same way to a Commission inspector as it currently applies to an authorised person under the ASA.
Regulation 7 amends the level of daily penalties so that the current level imposed by the ASA (£500) is reduced in line with the limits set by Schedule 2 to the European Communities Act 1972 in respect of daily fines (currently £100). The effect of this is that there will be no disparity in the penalties for breach of domestic requirements and breach of EC requirements imposed by virtue of the Framework Regulation. The offence in section 21FA of the ASA is not affected by this amendment as that offence relates to a person on a list of “approved air cargo agents”. This list and the concept of air cargo agents do not exist in the EC regulations.
Regulation 8 adds a definition of “Framework Regulation” to the interpretation section of the ASA. A definition of “security restricted area” is added to reflect the terminology adopted by the Framework Regulation. Regulation 8 also adds a new subsection to the interpretation section to provide that references in the ASA to “restricted zone” remain unchanged in circumstances where the Framework Regulation does not have effect. This is the case for example for the Crown Dependencies which are not subject to EC regulations for the purposes of aviation security but to which certain provisions of the ASA are extended by Order in Council. Similarly, the Overseas Territories are not subject to EC regulations in respect of aviation security but are, by Order in Council, subject to certain provisions under the ASA.
Regulations 9 and 10 make provisions for the change in terminology from “restricted zone” to “security restricted area” to reflect the terminology used in the Framework Regulation. Regulation 11 provides that unauthorised access into an area called a “restricted zone” remains an offence despite the change in terminology from “restricted zone” to “security restricted area” made to the ASA by Regulation 9. The term “restricted zone” is not used in the Framework Regulation but rather “security restricted area”, which has a defined meaning.
An Impact Assessment has been prepared and copies may be obtained from the Transport Security Directorate (TRANSEC), Department for Transport, 5th Floor, Southside, 105 Victoria Street, London SW1E 6DT. A copy has also been placed in the library of each House of Parliament. The Impact Assessment is also annexed to the Explanatory Memorandum which is available alongside these Regulations on the OPSI website www.opsi.gov.uk.