Aviation Security Act 1982

Part III U.K. Policing of [F1 Aerodromes ]

Textual Amendments

F1 Words in Pt. III heading inserted (1.4.2007) by Police and Justice Act 2006 (c. 48) , s. 53(1) , Sch. 14 para. 8(2) ; S.I. 2007/709 , art. 3(p) (with art. 6 )

Power to stop and search at aerodromes U.K.

24B Power of constable to stop and search persons, vehicles etc U.K.

(1) Subject to subsection (2) below, a constable may search—

(a) any person, vehicle or aircraft in an aerodrome, or

(b) anything which is in or on such a vehicle or aircraft,

for stolen or prohibited articles.

(2) This section does not give a constable power to search a person, vehicle or aircraft, or anything in or on a vehicle or aircraft, unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.

(3) For the purposes of exercising the power conferred by subsection (1) above, a constable may—

(a) enter any part of an aerodrome;

(b) detain a person, vehicle or aircraft;

(c) board an aircraft.

(4) If in the course of a search under subsection (1) above a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it.

(5) An article is prohibited for the purposes of this section if it is an article—

(a) made or adapted for use in the course of or in connection with criminal conduct, or

(b) intended by the person having it with him for such use by him or by some other person.

(6) In this section “ criminal conduct ” means conduct which—

(a) constitutes an offence in the part of the United Kingdom in which the aerodrome is situated, or

(b) would constitute an offence in that part of the United Kingdom if it occurred there.

(7) The powers conferred by this section on a constable are without prejudice to any powers exercisable by him apart from this section.

(8) The exercise of a power under this section does not require a warrant.

(9) Nothing in this section authorises a constable to enter a dwelling.

[F2 Policing of designated airports] U.K.

Textual Amendments

F2 S. 25 cross-heading inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 8(3); S.I. 2007/709, art. 3(p) (with art. 6)

25 Designated airports. U.K.

(1) The Secretary of State may by order designate for the purposes of this Part of this Act any aerodrome used for the purposes of civil aviation if he considers that the policing of that aerodrome should, in the interests of the preservation of the peace and the prevention of crime, be undertaken by constables under the direction and control of the chief officer of police for the police area in which the aerodrome is wholly or mainly situated.

(2) Before making an order under subsection (1) above in relation to any aerodrome the Secretary of State shall consult the manager of the aerodrome and the police authority and chief officer of police for the police area in question.

(3) The power to make an order under subsection (1) above shall be exercisable by statutory instrument and—

(a) any order containing a statement that it is made with the consent of the manager and the authority mentioned in subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) any order not containing such a statement shall be laid before Parliament in draft and shall not be made unless the draft is approved by resolution of each House of Parliament.

[F3 25A Consultation about policing of designated airports U.K.

(1) Before a police services agreement is entered into under section 25B of this Act in relation to an aerodrome which is a designated airport—

(a) the manager of the aerodrome, and

(b) the chief officer of police for the relevant police area,

acting jointly, must carry out the consultation required by this section.

(2) The consultation required by this section is consultation carried out with all of the persons within subsection (3) below with a view to establishing—

(a) what measures are required to be taken in relation to the aerodrome for security or policing purposes in order to comply with or take account of—

(i) any directions given under sections 12, 13, 13A and 14 of this Act,

(ii) any national threat assessment or relevant information, and

(iii) any guidance issued by the Secretary of State which relates to the policing of the aerodrome,

(b) what other measures should be taken in relation to the aerodrome for policing purposes,

(c) the extent to which measures within paragraph (a) or (b) above are being taken by persons within subsection (3) below or the manager of the aerodrome, and

(d) in the light of the above, the level of policing which should be provided for the aerodrome in accordance with section 26(2A) of this Act.

(3) The persons within this subsection are—

(a) any person (other than the manager of the aerodrome) who is required to take any measures in relation to the aerodrome pursuant to a direction given under section 12, 13, 13A or 14 of this Act,

(b) the Commissioners for Her Majesty's Revenue and Customs (in relation to measures taken by officers of Revenue and Customs), and

(c) the Secretary of State (in relation to measures taken by immigration officers).

(4) The Secretary of State may by order provide that subsection (3) above is to apply in relation to a particular aerodrome with any modifications specified in the order.

(5) The power to make an order under subsection (4) above shall be exercisable by statutory instrument and—

(a) any order containing a statement that it is made with the consent of the manager of the aerodrome and the chief officer of police for the relevant police area shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) any order not containing such a statement shall be laid before Parliament in draft and shall not be made unless the draft is approved by resolution of each House of Parliament.

(6) In this section—

• “ national threat assessment ” means any assessment of a threat to the aviation industry issued by the Secretary of State;

• “ policing purposes ”, in relation to an aerodrome, means the purposes of the preservation of the peace, or the prevention of crime, at the aerodrome;

• “ relevant information ”, in relation to an aerodrome, means any information (other than a national threat assessment) which is made available by—

  (a)

  the manager of the aerodrome,

  (b)

  any person (other than the manager of the aerodrome) who is required to take any measures in relation to the aerodrome pursuant to a direction given under section 12, 13, 13A or 14 of this Act,

  (c)

  the chief officer of the police force for the relevant police area,

  (d)

  the Commissioners for Her Majesty's Revenue and Customs, or

  (e)

  the Secretary of State,

  and which relates to a threat to security at the aerodrome or is relevant to the preservation of the peace, or the prevention of crime, at the aerodrome.

Textual Amendments

F3 S. 25A - S. 25B inserted (8.11.2006) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 para. 2

25B Police services agreements U.K.

(1) This section applies where an aerodrome is a designated airport.

(2) At any time after the period of 12 months beginning with the operative date there must be a police services agreement in force in relation to the aerodrome.

(3) In this Part a “ police services agreement ” means an agreement between the relevant persons which specifies—

(a) the level of policing to be provided for the aerodrome in accordance with section 26(2A) of this Act during the period for which the agreement is in force,

(b) the payments to be made by the manager of the aerodrome in connection with that policing, or the manner in which such payments are to be assessed, and

(c) any accommodation and facilities to be provided by the manager in connection with that policing.

(4) In determining the terms of a police services agreement, the relevant persons shall have regard (in particular) to—

(a) the matters established on the consultation carried out under section 25A of this Act in contemplation of the agreement, and

(b) the extent (if any) to which the costs incurred by the police authority in connection with the policing provided for the aerodrome are (or are likely to be) defrayed by payments made in respect of that policing by any person other than the manager of the aerodrome.

(5) A police services agreement shall be in force—

(a) for a period of twelve months, or

(b) if a longer period is specified in the agreement, for the period so specified.

(6) A police services agreement shall contain provision for the agreement to be varied if there is a material change in circumstances relating to the policing provided for the aerodrome.

(7) A police services agreement shall cease to be in force if the aerodrome to which it relates ceases to be a designated airport.

(8) The manager of an aerodrome which is a designated airport shall supply the Secretary of State with a copy of any police services agreement which is in force in relation to the aerodrome if the Secretary of State requests a copy.

(9) In this section “the operative date”—

(a) in the case of an aerodrome which was a designated airport on the date of the passing of the Civil Aviation Act 2006 and has remained so designated since that date, means that date, and

(b) in any other case, means the date as from which the aerodrome became a designated airport.

(10) In this Part “ the relevant persons ”, in relation to an aerodrome, means—

(a) the manager of the aerodrome,

(b) the police authority for the relevant police area, and

(c) the chief officer of police for that area.]

Textual Amendments

F3 S. 25A - S. 25B inserted (8.11.2006) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 para. 2

F4 26 Exercise of police functions at designated airports. U.K.

(1) So long as any aerodrome is a designated airport—

(a) any relevant constable shall, when acting in the execution of his duty and, in particular, for the purpose of exercising the powers conferred on such a constable by or under the following provisions of this Part of this Act, be entitled as against the manager of the aerodrome to enter any part of the aerodrome; and

(b) no member of any aerodrome constabulary maintained by the manager shall have the powers and privileges or be liable to the duties and responsibilities of a constable on the aerodrome or exercise there any power conferred by or under any enactment on members of that constabulary or on constables generally.

(2) Paragraph (a) of subsection (1) above is without prejudice to any right of entry existing apart from that paragraph.

[F4 (2A) The chief officer of police for the relevant police area shall, in making arrangements for the policing of an aerodrome which is a designated airport, secure that the level of policing provided under the arrangements takes account of—

(a) any measures required to be taken pursuant to directions given under section 12, 13, 13A or 14 of this Act; and

(b) any other measures taken in relation to the aerodrome for security or policing purposes by immigration officers or officers of Revenue and Customs or by the manager of the aerodrome.

(2B) In relation to any time when a police services agreement is in force in relation to an aerodrome under section 25B of this Act, the manager of the aerodrome—

(a) shall make to the police authority for the relevant police area such payments in respect of the policing provided for the aerodrome as fall to be made under the agreement, and

(b) shall secure that accommodation and facilities are provided in accordance with the agreement for use in connection with that policing.

(2C) In relation to any time when no police services agreement is in force in relation to an aerodrome which is a designated airport, the manager of the aerodrome—

(a) shall make to the police authority for the relevant police area such payments as are necessary to reimburse the authority in respect of the costs reasonably incurred by it in connection with the policing provided for the aerodrome, and

(b) shall secure that suitable accommodation and facilities are provided for use in connection with that policing.

(2D) Subsection (2C)(a) above does not require the manager to pay any costs incurred by the police authority to the extent that those costs are defrayed by payments made by any other person to the police authority in respect of the policing provided for the aerodrome.

(2E) In this section “ policing purposes ” has the same meaning as in section 25A of this Act. ]

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 26(2A)-(2E) inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34) , s. 14(2) , Sch. 1 paras. 3(2), 6

F5 S. 26(3) omitted (21.11.2005 retrospectively for specified purposes) by virtue of Civil Aviation Act 2006 (c. 34) , s. 14(2) , Sch. 1 paras. 3(3), 6 (with Sch. 1 para. 6(3)(b) )

F6 S. 26(4) repealed (3.7.2000) by 1999 c. 29 , ss. 325 , 423 , Sch. 27 para. 46(2) , Sch. 34 Pt. VII (with Sch. 12 para. 9(1) ); S.I. 2000/1648 , art. 2 , Sch.

27 Prevention of theft at designated airports. U.K.

F7 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any relevant constable may—

(a) stop any person who is leaving a cargo area in an aerodrome which is a designated airport and inspect any goods carried by that person;

(b) stop and search any vehicle or aircraft which is leaving any such area and inspect the vehicle or aircraft and any goods carried on or in it; and

(c) detain in the area—

(i) any such goods as aforesaid for which there is not produced a document authorising their removal from the area signed by a person authorised in that behalf by the manager of the aerodrome; and

(ii) any such vehicle or aircraft as aforesaid so long as there are on or in it goods liable to detention under this paragraph.

(3) Nothing in subsection (2) above shall be construed as conferring a power to search any person.

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section cargo area means, subject to subsection (7) below, any area which appears to the Secretary of State to be used wholly or mainly for the storage or handling of cargo in an aerodrome and is designated by an order made by him for the purposes of this section.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(8) Any power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) The powers conferred by this section on a relevant constable are without prejudice to any powers exercisable by him apart from this section.

Subordinate Legislation Made

P1 S. 27(6): s. 27(6) power exercised (05. 12. 1991) by S.I.1991/2750 .

Textual Amendments

F7 S. 27(1)(4)(5) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48) , s. 53(1) , Sch. 14 para. 8(4) , Sch. 15 Pt. 2 ; S.I. 2007/709 , art. 3(p) (with art. 6)

F8 S. 27(7) repealed (1.8.1986) by Airports Act 1986 (c. 31) , s. 83(5) , Sch. 6 Pt. I

28 Byelaws for designated airports. U.K.

(1) So long as any aerodrome is a designated airport any power of the manager of the aerodrome to make aerodrome byelaws shall, if it would not otherwise do so—

(a) extend to the making of byelaws in respect of the whole of the aerodrome; and

(b) include power to make byelaws requiring any person, if so requested by a relevant constable, to leave the aerodrome or any particular part of it or to state his name and address and the purpose of his being on the aerodrome.

(2) A relevant constable may remove from any aerodrome which is a designated airport, or from any part of it—

(a) any person who, in contravention of any aerodrome byelaws, fails or refuses to leave the aerodrome or part after being requested by the constable to do so;

(b) any vehicle, animal or thing brought to or left within the aerodrome or part in contravention of any aerodrome byelaws and any vehicle, animal or thing likely to cause danger or obstruction.

F9 [F10 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F9 S. 28(3) repealed (1.1.2006 for E.W.S.) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) (8) , Sch. 7 para. 23 , Sch. 17 Pt. 2 ; S.I. 2005/3495 , art. 2(1)(m) (u)

F10 S. 28(3) repealed (1.3.2007 for N.I.) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288) , art. 1(2) , Sch. 1 para. 20(2) , Sch. 2

29 Control of road traffic at designated airports. U.K.

(1) So long as any aerodrome is a designated airport, the functions of a chief officer of police under any provisions applying in relation to the aerodrome under [F11 section 65 of the Airports Act 1986](application to certain aerodromes of provisions relating to road traffic) shall, notwithstanding any order under [F11 that section], be exercisable by that officer to the exclusion of the chief officer of any aerodrome constabulary; and for the purposes of any functions of a chief officer of police under those provisions any part of the aerodrome which is not within the relevant police area shall be treated as if it were.

(2) So long as any aerodrome is a designated airport—

(a) traffic wardens appointed by the police authority for the relevant police area F12 . . . may exercise their functions on the aerodrome and shall be entitled, as against the manager of the aerodrome, to enter the aerodrome accordingly;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in s. 29(1) substituted (1.8.1986) by Airports Act 1986 (c. 31, SIF 9) , ss. 83(1), 85(3) , Sch. 4 para. 9 (a); S.I. 1986/2228, art. 5

F12 Words in s. 29(2)(a) repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 46(3), Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2 , Sch.

F13 S. 29(2)(b) repealed (1.8.1986) by Airports Act 1986 (c. 31, SIF 9) , ss. 83(5), 85(3) , Sch. 6 Pt. I ; S.I. 1986/2228, art. 5

F14 S. 29(3) repealed (3.7.2000) by 1999 c. 29 , ss. 423, Sch. 34 Pt. VII (with Sch. 12 para. 9(1) ); S.I. 2000/1648 , art. 2, Sch.

[F15 29A References to Secretary of State U.K.

(1) Any of the relevant persons may refer to the Secretary of State a matter to which subsection (2) or (3) below applies.

(2) This subsection applies to a dispute between the manager of an aerodrome which is (or has been) a designated airport and the police authority, or the chief officer of police, for the relevant police area—

(a) about the terms, construction or operation of a police services agreement which is (or has been) in force in relation to the aerodrome, or

(b) about the payments to be made, or the accommodation and facilities to be provided, under section 26(2C) of this Act.

(3) This subsection applies to a failure by the relevant persons to enter into a police services agreement in a case where section 25B(2) of this Act requires such an agreement to be in force.

Textual Amendments

F15 Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6

29B Appointment of independent experts U.K.

(1) This section applies where a matter has been referred to the Secretary of State under section 29A of this Act.

(2) The Secretary of State shall notify to each of the relevant persons the name of an independent expert who he proposes should deal with the matter.

(3) The Secretary of State shall appoint that independent expert to deal with the matter if, within the initial appointment period, all the relevant persons agree to the appointment.

(4) In default of agreement under subsection (3) above—

(a) the manager of the aerodrome, and

(b) the police authority for the relevant police area and the chief officer of police for that area, acting jointly,

shall each appoint an independent expert within the period of fourteen days beginning with the date following that on which the initial appointment period ends.

(5) The two independent experts so appointed shall appoint a third independent expert to act as chairman.

(6) The three independent experts so appointed shall deal with the matter.

(7) An appointment under subsection (5) above shall be made within the period of fourteen days beginning with the date on which the second of the two independent experts is appointed (or, if both independent experts are appointed on the same date, within the period of fourteen days beginning with that date).

(8) In this section “ the initial appointment period ” means the period of fourteen days beginning with the date on which the Secretary of State notifies the relevant parties under subsection (2) above.

(9) In this section and section 29C of this Act “ independent expert ”, in relation to a matter referred to the Secretary of State under section 29A of this Act, means a person—

(a) who is independent of the relevant persons and the Secretary of State,

(b) who has no previous connection with the matter in question, and

(c) who has relevant legal experience or knowledge or experience which is relevant to the matter in question.

Textual Amendments

F15 Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6

29C Removal and replacement etc. of independent experts U.K.

(1) On the application of any of the relevant persons, the Secretary of State may—

(a) remove an independent expert on any of the grounds specified in subsection (2) below;

(b) appoint an independent expert to replace one who has been removed under paragraph (a) above or who has died or resigned;

(c) make any appointment which should have (but has not) been made under section 29B(4) or (5) of this Act.

(2) The grounds specified in this subsection are—

(a) that circumstances exist that give rise to justifiable doubts as to the expert's impartiality;

(b) that he does not possess the qualifications required by paragraphs (a) to (c) of section 29B(9) of this Act;

(c) that he is physically or mentally incapable of dealing with the matter in question or there are justifiable doubts as to his capacity to do so;

(d) that he has refused or failed—

(i) properly to deal with the matter, or

(ii) to use all reasonable despatch in dealing with the matter,

and that substantial injustice has been or will be caused to the applicant.

(3) The independent experts may not continue to deal with the matter while an application to the Secretary of State under subsection (1)(a) above is pending.

(4) The Secretary of State may not remove an independent expert under subsection (1)(a) above without first giving him the opportunity to make representations.

Textual Amendments

F15 Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6

29D Determination of matters referred under section 29A U.K.

(1) This section applies where section 29B of this Act requires—

(a) an independent expert, or

(b) three independent experts,

to deal with a matter referred to the Secretary of State under section 29A of this Act (and in this section the independent expert or experts are referred to as “ the tribunal ”).

(2) The tribunal shall determine the procedure to be followed in dealing with the matter.

(3) In particular, the tribunal—

(a) where it consists of three independent experts, may take decisions by a majority vote,

(b) shall give each of the relevant persons and the Secretary of State an opportunity to make representations about the matter in question,

(c) may appoint legal advisers to report to it and the relevant persons,

(d) may appoint assessors to assist it on technical matters,

(e) may allow any legal adviser or assessor appointed under paragraph (c) or (d) above to attend any meetings of the tribunal held for the purposes of dealing with the matter, and

(f) shall give each of the relevant persons and the Secretary of State a reasonable opportunity to comment on any information, opinion or advice offered by any such person.

(4) In relation to a matter to which section 29A(2) of this Act applies, the tribunal may—

(a) make a declaration as to how a provision of a police services agreement is to be construed or operate;

(b) make a declaration varying the terms of a police services agreement;

(c) 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;

(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 about costs.

(5) In dealing with a matter to which section 29A(3) of this Act applies, the tribunal shall have regard (in particular) to—

(a) the matters specified in paragraphs (a) to (d) of section 25A(2) of this Act, and

(b) the extent (if any) to which the costs incurred by the police authority in connection with the policing provided for the aerodrome are (or are likely to be) defrayed by payments made in respect of that policing by any person other than the manager of the aerodrome.

(6) In relation to such a matter, the tribunal—

(a) shall make a declaration as to the terms which are to have effect as between the relevant parties as the terms of a police services agreement;

(b) may make an order about costs.

(7) Where a declaration is made under subsection (6)(a) above, references in this Part to a police services agreement shall have effect, so far as necessary, as references to the terms which have effect as the terms of a police services agreement.

(8) A relevant person may appeal to the High Court against any decision of the tribunal under this section.

(9) Any declaration, determination or order made under this section 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).

(10) In the application of this section to Scotland, references in subsections (8) and (9) to the High Court shall be read as references to the Court of Session.

(11) In this section “ costs ” means—

(a) the fees and expenses of the tribunal,

(b) the fees and expenses of any legal advisers or assessors appointed by the tribunal, and

(c) the legal or other costs of the relevant persons.]

Textual Amendments

F15 Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6

30 Supplementary orders. U.K.

(1) The Secretary of State may by order make such provision as appears to him to be necessary or expedient in connection with, or in consequence of, any aerodrome becoming or ceasing to be a designated airport.

(2) Without prejudice to the generality of subsection (1) above and to the preceding provisions of this Part of this Act, any order under this section may in particular—

(a) modify or suspend the operation of any local Act in so far as it makes provision in relation to the policing of the aerodrome;

(b) amend any aerodrome byelaws for the purpose of transferring to relevant constables any functions conferred thereby on members of an aerodrome constabulary, of extending the byelaws to the whole of the aerodrome or of including in them any such requirement as is mentioned in section 28(1)(b) of this Act;

(c) make provision for any such transfers of officers and staff as are mentioned in subsection (3) below;

(d) make provision in respect of the pension rights of officers and staff so transferred, whether by requiring the making of payments, by modifying or revoking, or transferring or extinguishing liabilities or obligations under, any pension scheme, by transferring or winding up any pension fund or otherwise;

(e) require the manager of the aerodrome to make payments by way of compensation to or in respect of persons who suffer any loss of office or employment or loss or diminution of emoluments which is attributable to the aerodrome becoming a designated airport, being payments of such amount and on such terms and conditions as may be specified by or determined in accordance with the order;

(f) exclude any part of the aerodrome from the right of entry conferred by section 26(1)(a) or 29(2)(a) of this Act.

(3) The transfers for which provision may be made under this section are transfers, with the consent of the persons to be transferred, of—

(a) members of any aerodrome constabulary maintained by the manager of the aerodrome to the police force for the relevant police area;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(c) other persons employed by the manager of the aerodrome for police purposes to employment by the police authority for the relevant police area [F17 or, if that area is a county, to employment by the police authority or the county council]. . ..

(4) Any member of an aerodrome constabulary transferred by virtue of an order under this section to the police force for the relevant police area shall be deemed to have been duly appointed as a member of that force and to have been duly attested as such and, unless the order otherwise provides, shall hold in that force the same rank as he held in the aerodrome constabulary.

(5) Any amendment of aerodrome byelaws by an order under this section shall have effect as if duly made by the manager of the aerodrome and confirmed under the enactment authorising the manager of the aerodrome to make aerodrome byelaws.

(6) Before making an order under this section in relation to any aerodrome the Secretary of State shall consult the manager of the aerodrome and the police authority and chief officer of police for the relevant police area.

(7) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F16 S. 30(3)(b) repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F17 Words in s. 30(3)(c) repealed (1.4.1995) (so far as they relate to enactments as they apply in England and Wales and otherwise(prosp.) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4(1), Sch.

31 Interpretation and application of Part III to Scotland and Northern Ireland. U.K.

F18 (1) In this Part of this Act, subject to the following provisions of this section—

• aerodrome byelaws means, in relation to any aerodrome, byelaws having effect under any enactment authorising the manager of the aerodrome to make byelaws in respect of the whole or any part of the aerodrome;

• aerodrome constabulary means, in relation to any aerodrome, any body of constables which the manager of the aerodrome has power to maintain at the aerodrome;

• designated airport means any aerodrome for the time being designated under section 25 of this Act;

• [F18 “ immigration officer ” means a person who is an immigration officer within the meaning of the Immigration Act 1971; ]

• F19 ...

• [F18 “ police services agreement ” has the meaning given by section 25B(3) of this Act (but this is subject to section 29D(7) of this Act); ]

• [F18 “ the relevant persons ” has the meaning given by section 25B(10) of this Act; ]

• [F20 “ the relevant persons ”, in relation to an aerodrome, means—

  (a)

  the manager of the aerodrome,

  (b)

  the police authority for the relevant police area, and

  (c)

  the chief officer of police for that area.]

• relevant police area and relevant constable, in relation to any aerodrome, mean respectively the police area in which the aerodrome is wholly or mainly situated and any constable under the direction and control of the chief officer of police for that area.

(2) In the application of this Part of this Act to Scotland—

(a) references to the police authority shall, where the relevant police area is a combined area, be construed as references to the joint police committee; and

(b) for the words in paragraph (c) of section 30(3) of this Act [F21 following area or,] there shall be substituted the words by any local authority exercising functions for that area or any part of that area.

(3) In the application of this Part of this Act to Northern Ireland—

(a) the references in section 25(1) of this Act and subsection (1) above to constables or any constable under the direction and control of the chief officer of police for the area there mentioned shall be construed as references to members or any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;

(b) references in other provisions to a chief officer of police shall be construed as references to the Chief Constable of the Royal Ulster Constabulary; and

(c) references in any provision to the police authority or police force for a police area shall be construed respectively as references to the [F22 Northern Ireland Policing Board] and the Royal Ulster Constabulary.

Textual Amendments

F18 Words in s. 31(1) inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34) , s. 14(2) , Sch. 1 paras. 5, 6

F19 Words in s. 31(1) repealed (3.7.2000) by 1999 c. 29 , ss. 325 , 423 , Sch. 27 para. 46(5) , Sch. 34 Pt. VII (with Sch. 12 para.(1)); S.I. 2000/1648 , art. 2 , Sch.

F20 Words in s. 31(1) inserted (8.11.2006) by Civil Aviation Act 2006 (c. 34) , s. 14(2) , Sch. 1 para. 6(6)

F21 Words in s. 31(2)(b) substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. II para. 23; S.I. 1994/3262, art. 4(1), Sch.

F22 Words in s. 31(3)(c) substituted (4.11.2001) by 2000 c. 32 , s. 78(1) , Sch. 6 para. 8