Policing and Crime Act 2009 Explanatory Notes

Section 24AG Security executive groups

418.This section provides that qualifying aerodromes must establish a SEG and sets out the SEG’s functions.

419.Subsections (2), (3), (4), (5) and (6) deal with the membership of the SEG. As a minimum, the Group must comprise a representative of the manager of the aerodrome, a representative of the chief officer of police and a representative of the police authority for the relevant area, and a representative of operators of aircraft taking off from, or landing at, that aerodrome.

420.Subsection (2)(d) and (e) permit HMRC and SOCA to appoint representatives to the SEG where the functions of these bodies impact upon security planning at the airport in question. In the case of HMRC, this activity will relate to their border and frontier protection functions, while in the case of SOCA, this activity will relate to the fulfilment of SOCA’s statutory functions, namely:

  • preventing and detecting serious organised crime and contributing to the reduction of such crime in other ways, and to the mitigation of its consequences; and

  • gathering, storing, analysing and disseminating information relevant to the prevention, detection, investigation or prosecution of offences, or the reduction of crime in any other ways, or the mitigation of its consequences.

421.Subsection (4) permits the Secretary of State to appoint an official to the SEG who exercises functions relating to immigration. In practice, this power will be used to permit the appointment of an UKBA official to a SEG. In practice, it is expected that a representative of UKBA will be nominated only where UKBA has a presence at the aerodrome in question.

422.Subsection (5) provides the manager of an aerodrome and the Secretary of State with a power to nominate a representative to the SEG who appears to him to be best suited to act on behalf of a single security stakeholder falling within the categories listed in section 24AE(4)(c) to (e) (operators of aircraft, persons having access to carry on a business and occupiers of land forming part of an aerodrome). In practice, it is expected that the aerodrome manager will use this power, where he or she considers it appropriate, to appoint a representative of an organisation that may be required to deliver a measure under the ASP but who would not otherwise have a representative on the SEG. Subsection (6) provides the manager of an aerodrome and the Secretary of State with a similar power of appointment. Unlike the power contained in subsection (5), this power can be used to appoint a person to represent the interests of a group of security stakeholders falling within any of the categories listed in section 24AE(4)(c) to (e). Interests that might require a representative appointed under this subsection could include, but are not limited to, cargo agents and retailers.

423.In practice, if an ASP at a larger aerodrome required an action to be taken by airline operators, it is conceivable that several hundred persons could qualify as relevant persons. This is why the provisions do not require all relevant persons to be present on the SEG.

424.The powers to appoint representative members to the SEG contained in subsections (5) and (6) are also available to the Secretary of State. In practice, the Secretary of State would be unlikely to use this power unless it appeared to him that there was a need for a representative member who would not otherwise be nominated to the SEG by the aerodrome manager.

425.Subsection (8) provides the Secretary of State with a power to appoint observers to the SEG. This power would, if deemed necessary, permit the attendance of Crown officials at SEG meetings. Persons nominated under this subsection would not have voting rights as they would not be full members of the SEG, only observers.

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