Part II

Protection of Aircraft, Aerodromes and Air Navigation Installations Against Acts of Violence

Miscellaneous supplemental provisions

Civil penalties for failure to provide information or comply with a direction
22A
1
The Secretary of State may make regulations imposing penalties for—
a
failure to comply with a requirement imposed by a notice under section 11 (notice requiring information);
b
making a false statement in furnishing information required by a notice under that section;
c
failure to comply with a direction under any of sections 12 to 14.
2
Regulations under subsection (1) may in particular make provision—
a
about how a penalty is to be calculated;
b
about the procedure for imposing a penalty;
c
about the enforcement of penalties;
d
allowing for an appeal against a decision to impose a penalty;
and the regulations may make different provision for different purposes.
3
Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.
4
The regulations must provide that no penalty may be imposed on a person for failure to comply with the requirements of a notice under section 11, or for making a false statement in furnishing information required by such a notice, where proceedings have been instituted against the person for an offence under section 11(5) in respect of the same failure or false statement.
5
The regulations must provide that no penalty may be imposed on a person for failure to comply with a direction under any of sections 12 to 14 where proceedings have been instituted against the person for an offence under any of those sections in respect of the same failure.
6
Any penalty paid by virtue of this section must be paid into the Consolidated Fund.
7
Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
S. 22A inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 11(2)
Pt. 2 power to apply (with modifications) conferred (in part) (26.11.2018) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 5 para. 2(2)(a) (with Sch. 5 para. 4(1)); S.I. 2018/1224, reg. 2(ddd)
Pt. 2 applied (with modifications) (1.9.1993) by S.I. 1993/1073, reg. 11 (as amended (21.7.2023) by The Aviation Security (Air Cargo Agents) (Amendment) Regulations 2023 (S.I. 2023/727), regs. 1(2), 2)
Pt. 2 applied (with modifications) (6.12.2000) by S.I. 2000/3059, art. 3(1), Schs. 2, 3 (as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4)
Pt. 2 applied in part (with modifications) (21.3.2024) by The Aviation Security (Air Cargo Agents) Regulations 2024 (S.I. 2024/228), regs. 1(2), 10 (with reg. 12)