Policing and Crime Act 2009 Explanatory Notes

Section 24AM Meaning of dispute about security planning

447.This section defines dispute about security planning for the purposes of the Part. A dispute may be any of the following:

  • A dispute about the contents of an ASP for the aerodrome; or

  • A dispute about the implementation of an ASP.

448.Under the terms of this section, a disagreement between a person who is not required to do anything under an ASP and the members of the SEG would not qualify as a dispute. This restriction has been included to ensure that only those relevant persons directly affected by a security measure may access the dispute resolution proceedings since the Government wants to avoid unfounded or malicious references being made to the Secretary of State. This section also does not permit the referral of disputes about payments that the airport manager is required to make in respect of any dedicated policing services provided at that aerodrome. This is because the ASP will not contain such details, as these will be contained in a PSA. The terms of an ASP will, however, indicate whether or not a dedicated policing presence is required at that aerodrome and this is an issue that it would be possible to take to dispute under the terms of this section.

449.The duty contained at 24AE(1), which is referred to in section 24AM(3)(a), is the requirement to ensure that an ASP is in place.

450.The duty contained at 24AE(7), referred to in section 24AM(4), is the duty imposed on a person to take a security measure to take a monitoring step or to make any payment or provide accommodation, in accordance with the terms of an ASP.

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