Civil Aviation Act 2012 Explanatory Notes

Section 80: Advice and assistance in connection with aviation security

268.Section 80 inserts new sections 21H (provision of advice and assistance to Secretary of State) and 21I (provision of advice and assistance to other persons). Subsection (1) of new section 21H places a duty on the CAA to provide such advice and assistance to the Secretary of State as the Secretary of State requires in connection with matters relevant to the purposes of Part 2 of the ASA 1982 (the protection of civil aviation against acts of violence). Subsection (2) of new section 21H provides that a requirement to provide such advice and assistance may be a continuing requirement on the CAA. Subsection (3) makes clear that nothing in new section 21H affects the general provision made by section 16 of the CAA 1982.

269.New section 21I places a duty on the CAA to provide such advice and assistance to the persons listed in subsection (3) of that section (for example, managers of UK aerodromes and operators of aircraft registered or operating in the UK) as the CAA considers appropriate having regard to the purposes to which Part 2 of the ASA 1982 applies. Subsection (4) of new section 21I ensures that the Secretary of State retains the power to provide advice and assistance to the persons listed in subsection (3) of the new section, having regard to the purposes to which Part 2 of the ASA 1982 applies and any advice and assistance provided to those persons by the CAA.

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