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Policing and Crime Act 2009

Section 24AH Functions of security executive groups

426.This section places the SEG under a statutory duty to decide an ASP, and keep it under review and vary it if necessary.

427.Subsection (2) and (3) require that the SEG unanimously agree to the terms of an ASP and to any variation of an ASP. In the event that unanimous agreement cannot be achieved, this would generally be because there was a dispute as defined in section 24AM(3)(a) or (b). It would therefore be possible for a member of the SEG to refer the matter to the Secretary of State in accordance with the procedure specified in 24AN.

428.This provision contained at subsection (4) qualifies the requirement contained in subsections (2) and (3) for unanimous agreement. This provision might, for example, be used to allow an ASP to come into force where a SEG member is unreasonably failing to indicate whether he or she agrees or disagrees to the terms of an ASP so as to seek to delay the ASP from taking effect.

429.Subsection (5) permits the Secretary of State to require the airport manager to provide the Secretary of State with a copy of an ASP. The Secretary of State does not expect to routinely request copies of ASPs. In practice, the Secretary of State is most likely to use this power in the event of a specific concern relating to the efficacy of measures in place for the mitigation of threat.

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