- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Aviation Security Act 1982, Section 18D .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.
(2)Any notice of objection under subsection (1) above must be served—
(a)where the enforcement notice specifies measures falling within section 18B(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or
(b)in any other case, before the end of the period of seven days beginning with that date.
(3)The grounds of objection to an enforcement notice are—
(a)that the general requirements of the direction which are specified in the notice for the purposes of section 18A(1)(a) of this Act have been complied with,
(b)that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or
(c)that any requirement of the notice—
(i)is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or
(ii)having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above.
[F2(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.]
(4)[F3 In this section “ decision notice ” means ] a notice in writing either —
(a)confirming the enforcement notice as originally served, or
(b)confirming it subject to one or more modifications specified in the [F4decision notice], or
(c)cancelling the enforcement notice.
(5)An enforcement notice to which an objection has been made under subsection (1) above —
(a)if it contains such a requirement as is mentioned in section 18B(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by [F5 a decision notice ], and
(b)in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above.]
Textual Amendments
F1 Ss. 18A–18E inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 4
F2S. 18D(3A) inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 14(2) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
F3Words in s. 18D(4) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 14(3)(a) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
F4Words in s. 18D(4)(b) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 14(3)(b) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
F5Words in s. 18D(5) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 14(4) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)
Modifications etc. (not altering text)
C1 S. 18D extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt. I
S. 18D extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II
C2 S. 18D : Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: