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Policing and Crime Act 2009

Section 24AE Aerodrome security plans

405.This section creates a statutory requirement for qualifying aerodromes to create an ASP, and sets out the information that must be contained within that plan. This section also sets out the persons responsible for formulation of the ASP.

406.Subsection (1) requires that an ASP be in force at all times from nine months after the SEG is required to be established. In the case of an aerodrome which is “a directed aerodrome” when the new provisions are commenced section 24AL requires that a SEG be established at the aerodrome within three months of commencement. The effect is therefore that an ASP must be in force at all times from 12 months of commencement.

407.Subsection (2) deals with the content of ASPs. “Security measures” does not include measures that are excluded by the definition of 'security measure' given by section 24AT(1).

408.Subsection (3) provides that the ASP may specify steps to be taken by any person responsible for delivery of any measure under the terms of the ASP for the purposes of monitoring delivery of the agreed actions. A monitoring arrangement might include, for example, a requirement that a relevant party report back to the SEG on progress towards delivery of a measure.

409.Subsection (4) sets out the persons who may be tasked with the delivery of a measure under the terms of an ASP. The requirements of an ASP will vary significantly depending on local circumstances at each aerodrome, but persons and organisations required to deliver a measure included in the ASP could include the following:

  • The manager of the aerodrome;

  • The chief officer of police for the relevant area. Special Branch for the relevant area will also be under the control of the chief officer;

  • The Serious Organised Crime Agency (SOCA);

  • Airline Operators;

  • Cargo companies;

  • Catering companies;

  • Hmrc;

  • The UK Border Agency (UKBA);

  • Aerodrome retailers;

  • NATS (air traffic control);

  • General aviation;

  • Car-parking interests.

410.The purpose of including a reference to the Secretary of State at 24AE(4)(h) is to ensure that in practice UKBA may be required to deliver a security measure. UKBA is not a body corporate and has no legal identity. It has not therefore been possible to treat UKBA in the same manner, say, as HMRC, by simply referring to UKBA directly. Except in relation to UKBA, it is not expected that the Secretary of State will be tasked with the delivery of measures under the terms of an ASP.

411.Subsection (5) provides that a plan may specify that a security stakeholder make payments to another security stakeholder in connection with their delivery of an action specified in the plan. Subsection (5) does not include the chief officer of police as a party to whom payments may be made under the terms of an ASP. This is because Schedule 6 makes provision for details of such payments to be included within the terms of a Police Services Agreement (PSA). A PSA is an agreement made between an aerodrome manager, the chief officer of police and a representative of the police authority for the relevant area. Further information relating to Police Services Agreements is contained at paragraphs 466 to 469 of these notes.

412.Subsection (6) provides that the plan may specify the accommodation or facilities that the aerodrome manager is responsible for providing to security stakeholders other than the police. In practice, it is likely that UKBA and other agencies will, if present at an aerodrome, require the use of accommodation or facilities in order to deliver measures assigned to them under the terms of an ASP.

413.Subsection (7) places persons who are responsible for the delivery of a measure in the plan under a statutory duty to undertake the measure. Similarly, it places persons who are required by the plan to take a monitoring step, or to make any payments or provide accommodation, under a statutory duty to do so. A description of the persons that could be placed under a statutory duty by virtue of this subsection is contained at paragraph 409 of these notes.

414.In the event of someone failing to comply with the duty contained in subsection (7) it would generally be open to the Secretary of State to instigate the dispute resolution process and make a determination. Further information relating to the dispute resolution proceedings contained within the Act is contained at paragraphs 447-462 of these notes.

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