Aviation Security Act 1982

14 General power to direct measures to be taken for purposes to which Part II applies. U.K.

[F1 (1) Subsection (1A) below applies to any person who—

(a) is the operator of one or more aircraft registered or operating in the United Kingdom,

(b) is the manager of an aerodrome in the United Kingdom,

(c) occupies any land forming part of an aerodrome in the United Kingdom, or

(d) is permitted to have access to a [F2 security restricted area ] of such an aerodrome for the purposes of the activities of a business carried on by him.

(1A) Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction—

(a) in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the United Kingdom of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction;

(b) in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome;

(c) in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and

( d ) in the case of a direction given to a person as a person who is permitted to have access to a [F2 security restricted area ] as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in [F3 that area ] as are specified in the direction.

(2) Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—

(a) where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence;

(b) where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence;

(c) where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any aircraft in the aerodrome which is for the time being under his control; or

(d) where the direction is given to a person as falling within subsection (1)(d) above, of guarding—

(i) any land outside the aerodrome occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and

(ii) any aircraft which is for the time being under his control,

for purposes to which this Part of this Act applies.]

(3) A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5) A direction under this section—

(a) shall not require any search (whether of persons or of property), and

(b) shall not require the modification or alteration of any aircraft, or of any of its apparatus or equipment, or the installation of additional apparatus or equipment, or prohibit any aircraft from being caused or permitted to fly without some modification or alteration of the aircraft or its apparatus or equipment or the installation of additional apparatus or equipment.

(6) A direction may be given under this section to a person appearing to the Secretary of State to be about to become [F5 a person to whom subsection (1A) above applies], but a direction given to a person by virtue of this subsection shall not take effect until he becomes such [F5 a person], and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

(7) Any person—

(a) who . . . F6 , without reasonable excuse, fails to comply with a direction given to him under this section, or

(b) [F7 intentionally]interferes with any building constructed or works executed on any land in compliance with a direction under this section or with anything installed on, under, over or across any land in compliance with such a direction,

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.

[F8 (7ZA) Proceedings for an offence under subsection (7)(a) 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.]

[F9 (7A) Where a person is convicted of an offence under subsection (7)(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 [F10 £100 ] for each day on which the failure continues.]

(8) The ownership of any property shall not be affected by reason only that it is placed on or under, or affixed to, any land in compliance with a direction under this section.

Textual Amendments

F1 S. 14(1)(1A)(2) substituted for S. 14(1)(2) by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 3(1)

F2 Words in s. 14 substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 9(d)

F3 Words in s. 14(1A)(d) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 10(a)

F4 S. 14(4) repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 3(2) , 53(2) , Sch. 4

F5 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 3(3)

F6 Words repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 8(1) , 53(2) , Sch. 1 para. 6(2)(a) , Sch. 4

F7 Word substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 6(2)(b)

F8 S. 14(7ZA) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 11(7)

F9 S. 14(7A) inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8 , Sch. 1 para. 6(3)

F10 Word in s. 14(7A) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 7(d)

Modifications etc. (not altering text)

C1 S. 14 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt. I

S. 14 extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II

C2 S. 14 : Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(1)

C3 S. 14(1A)(d) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(2)