Air Traffic Management and Unmanned Aircraft Act 2021

Power of constable to stop and search persons or vehicles

2 (1) A constable may exercise the power conferred by this paragraph if the constable is in a place to which the constable lawfully has access (whether or not it is a place to which the public has access).

(2) The constable may search—

(a) a person,

(b) a vehicle, or

(c) anything which is in or on a vehicle,

if Condition A, Condition B or Condition C is satisfied.

(3) Condition A is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an unmanned aircraft or an article associated with an unmanned aircraft, and

(b) the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

(i) an offence under article 94A, 240, 265A(2) or 265B(2) of the ANO 2016, or

(ii) any relevant prison offence.

(4) Condition B is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an unmanned aircraft or an article associated with an unmanned aircraft,

(b) the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

(i) an offence under article 239(4) of the ANO 2016,

(ii) a relevant offence under article 265B(3) of the ANO 2016, or

(iii) a relevant offence under article 265E(7) of the ANO 2016, and

(c) the commission of that offence involves or involved the use of the unmanned aircraft, or the article associated with an unmanned aircraft, for one or more of the following purposes—

(i) to endanger any other aircraft (whether or not an unmanned aircraft);

(ii) to cause any person harm, harassment, alarm or distress;

(iii) to undermine security or good order and discipline in any prison or in any other institution where persons are lawfully detained;

(iv) to damage property (including land or buildings);

(v) to threaten national security.

(5) Condition C is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an article which is or has been involved in the commission of any relevant prison offence, and

(b) the commission of that offence involves or involved the use of an unmanned aircraft.

(6) A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to—

(a) an offence under any of these provisions of the ANO 2016—

(i) article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii) article 239(4) (prohibited or restricted flying);

(iii) article 240 (endangering safety of an aircraft);

(iv) article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

(v) article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

(b) a relevant offence under article 265B(3) of the ANO 2016;

(c) a relevant offence under article 265E(7) of the ANO 2016; or

(d) a relevant prison offence.