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(1)The Secretary of State may by regulations made by statutory instrument make provision, for purposes to which this Part of this Act applies, in relation to persons (in this section referred to as air cargo agents) who carry on a business of handling cargo which is to be delivered (whether by them or any other person) to the operator of any aircraft for carriage from any aerodrome in the United Kingdom by a civil aircraft.
(2)Regulations under this section may, in particular—
(a)enable the Secretary of State to maintain a list of air cargo agents who are approved by him for purposes related to aviation security, to include the name of an air cargo agent on that list, on application being made to the Secretary of State in accordance with the regulations, if he is satisfied as to such matters as are specified in the regulations, and to remove the name of any person from that list in such circumstances as are so specified,
(b)provide that any provision of this Part of this Act which applies in relation to persons who are permitted to have access to a [F2 security restricted area ] of an aerodrome for the purposes of the activities of a business (including any such provision which creates a criminal offence) shall also apply, with such modifications as are specified in the regulations, in relation to air cargo agents included on any such list,
(c)amend sections 21A(2), 21B(3) and 32(2) of this Act by including references to air cargo agents included on any such list,
(d)make provision (including any such provision as is mentioned in paragraphs (a) to (c) above) relating to a class of air cargo agents specified in the regulations and not to other air cargo agents,
(e)make different provision for different cases, and
(f)make such incidental, supplementary or transitional provision as the Secretary of State considers necessary or expedient in consequence of any provision made by the regulations.
(3)Before making any regulations under this section the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations.
(4)Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Without prejudice to the generality of sections 12 and 14 of this Act, the exemptions that may be included in any direction given to an operator of aircraft under section 12 or 14 which requires the carrying out of searches of cargo, or the taking of any other measures in relation to cargo, include exemptions from such requirements in relation to cargo received from any air cargo agent included on any list maintained by the Secretary of State under regulations under this section or from any air cargo agent falling within a class of such air cargo agents specified in the direction.
(6)In this section—
cargoincludes stores and mail; and
storesmeans any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.]
Textual Amendments
F1 Ss. 21A–21G inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 5–7
F2Words in s. 21F(2)(b) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 9(i)
Modifications etc. (not altering text)
C1Pt. 2 power to apply (with modifications) conferred (in part) (26.11.2018) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 5 para. 2(2)(a) (with Sch. 5 para. 4(1)); S.I. 2018/1224, reg. 2(ddd)
C2 S. 21F extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt. I
S. 21F extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II
C3 S. 21F : Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(1)
C4S. 21F(3) applied (26.11.2018) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 5 para. 3(2); S.I. 2018/1224, reg. 2(ddd)
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