Aviation and Maritime Security Act 1990

2 Extension of power to require promotion of searches. E+W+S+N.I.

After section 13 of the Aviation Security Act 1982 there is inserted—

“13A Power to require other persons to promote searches.

(1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who—

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

(b) is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him,

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 are—

(a) in relation to a person falling within subsection (1)(a) above, searches—

(i) of the land which he occupies within the aerodrome, and

(ii) of persons or property which may at any time be on that land; and

(b) in relation to a person falling within subsection (1)(b) above, searches—

(i) of any land which he occupies outside the aerodrome for the purposes of his business, and

(ii) of persons or property which may at any time be on that land.

(3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) Where a person is convicted of an offence under subsection (3) 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 one-tenth of level 5 on the standard scale for each day on which the failure continues.”