Aviation Security Act 1982

13 Power to require aerodrome managers to promote searches at aerodromes. U.K.

(1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the manager of any aerodrome in the United Kingdom requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

(2) The searches to which this section applies, in relation to an aerodrome, are searches—

(a) of the aerodrome or any part of it;

(b) of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the aerodrome; and

(c) of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome.

(3) Without prejudice to section 7(1) of this Act, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if a constable, or any other person specified in the direction in accordance with this section, has reasonable cause to suspect that an article to which section 4 of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other moveable property of any description which, or any person who, is for the time being in any part of the aerodrome, and for that purpose—

(a) may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if need be by force, and

(b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.

(4) Any person who—

(a) [F1 without reasonable excuse]fails to comply with a direction given to him under this section, or

(b) [F2 intentionally obstructs]a person acting in the exercise of a power conferred on him by subsection (3) above,

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.

[F3 (4ZA) Proceedings for an offence under subsection (4) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.]

[F4 (4A) Where a person is convicted of an offence under subsection (4)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding [F5 £100 ] for each day on which the failure continues.]

(5) Subsection (3) above shall have effect without prejudice to the operation, in relation to any offence under this Act—

(a) in England and Wales, of [F6 sections 17, 24 and [F7 24A ] of the Police and Criminal Evidence Act 1984 (which confer power to arrest without warrant and to enter premises for the purpose of making an arrest) or of section 3 of the Criminal Law Act 1967](use of force in making arrest etc.); or

(b) in Scotland, of any rule of law relating to power to arrest without warrant; or

(c) in Northern Ireland, of [F8 Articles 19, 26 and [F9 27 ] [F9 26A] of the Police and Criminal Evidence (Northern Ireland) Order 1989 or of section]3 of the M1 Criminal Law Act (Northern Ireland) 1967.

Textual Amendments

F1 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 5(2)(a)

F2 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 5(2)(b)

F3 S. 13(4ZA) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 11(5)

F4 S. 13(4A) inserted (with saving) by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 5(3)

F5 Word in s. 13(4A) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 7(b)

F6 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 5(4)(a)

F7 Word in s. 13(5)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 57; S.I. 2005/3495, art. 2(1)(m)

F8 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 5(4)(b)

F9 Word in s. 13(5)(c) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 20(1)

Modifications etc. (not altering text)

C1 S. 13 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251, art. 2(1), Sch. 1 Pt.I

S. 13 extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989, art. 2(1), Sch. 1 Pt. I, II

C2 S. 13: Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073, reg. 11(1)

Marginal Citations

M1 1967 c. 18 (N.I.)