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Policing and Crime Act 2009

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This sectionnoteType=Explanatory Notes has no associated

10For sections 29A to 29D substitute—E+W+S+N.I.

29APower to refer disputes to Secretary of State

(1)A relevant person may refer a dispute about the policing of a relevant aerodrome to the Secretary of State.

(2)For the purposes of this section and sections 29B to 29D, there is a dispute about the policing of a relevant aerodrome if—

(a)there is a dispute between any of the relevant persons about the terms to be included in a police services agreement and, in consequence, there is, or there is likely to be, a breach of the requirement imposed by section 25B(1),

(b)there is a dispute between any of the relevant persons about whether or how a police services agreement should be varied,

(c)there is a dispute between any of the relevant persons about the construction or operation of a police services agreement which is or has been in force in relation to the aerodrome, or

(d)there is a dispute between any of the relevant persons about the payments to be made, or the accommodation and facilities to be provided, under section 26(2C).

(3)For the purposes of subsection (2)(c) or (d), it does not matter whether the aerodrome is a relevant aerodrome when the dispute arises.

29BPowers of Secretary of State in relation to disputes

(1)This section applies where—

(a)a dispute about the policing of a relevant aerodrome is referred to the Secretary of State under section 29A, or

(b)although no such reference is made, the Secretary of State thinks that there is a dispute about the policing of a relevant aerodrome.

(2)The Secretary of State may require any relevant person to take such steps as the Secretary of State thinks may assist to resolve the dispute.

(3)The Secretary of State may require any relevant person to make payments in respect of any costs incurred by another person (whether or not a relevant person) in connection with the taking of the steps mentioned in subsection (2).

(4)The payments that may be required under subsection (3) include payments in respect of any costs incurred by the Secretary of State (including any costs attributable to the work of officials of the Secretary of State).

(5)If the Secretary of State decides not to exercise the power in subsection (2), or if the Secretary of State exercises that power but the dispute is not resolved, the Secretary of State may determine the dispute.

29CDispute resolution: procedure

(1)This section applies where the Secretary of State is determining a dispute about the policing of a relevant aerodrome.

(2)The Secretary of State must give the relevant persons an opportunity to make representations.

(3)If the dispute falls within section 29A(2)(a) or (b), the Secretary of State must have regard to the matters mentioned in section 25E(2).

(4)Subject to subsections (2) and (3), the Secretary of State may decide the procedure for determining the dispute.

(5)In particular, the Secretary of State may require a relevant person to provide such information as the Secretary of State may specify to—

(a)the Secretary of State, or

(b)another relevant person.

(6)Subsection (7) applies if, in determining a dispute about the policing of a relevant aerodrome, the Secretary of State—

(a)provides information to a relevant person, or

(b)requires a relevant person to provide information to another relevant person.

(7)The Secretary of State may require the person to whom the information is provided not to disclose the information without the consent of the Secretary of State.

29DDispute resolution: powers

(1)This section applies where the Secretary of State has considered a dispute about the policing of a relevant aerodrome.

(2)Where the dispute is within section 29A(2)(a), the Secretary of State—

(a)must make a declaration as to the terms which are to have effect as the terms of a police services agreement between the relevant persons, and

(b)may make an order as to costs.

(3)Where a declaration is made under subsection (2)(a), references in this Part to a police services agreement are to have effect, so far as necessary, as references to the terms which the declaration provides are to have effect as the terms of a police services agreement.

(4)Where the dispute is within section 29A(2)(b), the Secretary of State may—

(a)make a declaration varying the police services agreement;

(b)determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;

(c)determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;

(d)determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;

(e)make an order as to costs.

(5)Where the dispute is within section 29A(2)(c), the Secretary of State may—

(a)make a declaration as to how any term of the police services agreement is to be construed;

(b)make a declaration as to how any term of the agreement is to be, or ought to have been, operated;

(c)make a declaration varying the agreement;

(d)determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;

(e)determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;

(f)determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;

(g)make an order as to costs.

(6)Where the dispute is within section 29A(2)(d), the Secretary of State may—

(a)determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;

(b)determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;

(c)determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;

(d)make an order as to costs.

(7)In this section, “costs” means—

(a)the legal or other costs incurred by the Secretary of State (including costs attributable to the work of officials of the Secretary of State), and

(b)the legal or other costs incurred by any of the relevant persons.

29EDispute resolution: appeals and enforcement etc.

(1)A relevant person may appeal to the High Court against—

(a)any requirement imposed on the person under section 29B(3), or

(b)any declaration, determination or order of the Secretary of State under section 29D.

(2)Any requirement imposed under section 29B(3) or 29C(7), and any declaration, determination or order made under section 29D may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).

(3)In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.

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