The Aviation Security (Air Cargo Agents) Regulations 1993

Removal of a security approved air cargo agent from the list

10.—(1) If at any time it appears to the Secretary of State that:

(a) a security approved air cargo agent no longer carries on a relevant air cargo business;

(b) a security approved air cargo agent is no longer able or has failed to comply with any direction given to the air cargo agent under section 13A or 14 of the 1982 Act (whether or not he has been prosecuted);

(c) three years have elapsed from the date of the air cargo agent first being placed on the list of security approved air cargo agents, or from the last three yearly anniversary of that date, or from the last occasion of the air cargo agent being placed on the list (whichever is the later), and he has not applied at least 42 days previously to remain on the list;

(d) in providing any information required pursuant to regulation 5 above, an air cargo agent has made a statement which is false in a material particular;

(e) a security approved air cargo agent is in breach of regulation 9 above; or

(f) there is any other good reason for the security approved air cargo agent to be removed from the list;

the Secretary of State may, subject to paragraph (2) of this regulation, remove that air cargo agent from the list of security approved air cargo agents.

(2) Where the Secretary of State proposes to remove a security approved air cargo agent from the list for a reason specified in paragraph (1) of this regulation, he shall give notice to the air cargo agent of his proposal and of the reasons for it and, where such a notice is given:

(a) the air cargo agent may make representations to the Secretary of State within 28 days from the date of such notice;

(b) the Secretary of State shall take into account any representations made under sub-paragraph (a) above before reaching a decision as to the removal of the air cargo agent from the list; and

(c) the Secretary of State shall give notice to the air cargo agent of his decision to remove him from the list and of the reasons for it, or of his decision to retain him on the list, as the case may be.

(3) Any air cargo agent whom the Secretary of State decides to remove from the list for a reason within paragraph (1) of this regulation other than sub-paragraph (c) of that paragraph, may not re-apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under paragraph (2)(c) of this regulation.

(4) The Secretary of State shall remove a security approved air cargo agent from the list upon being requested in writing to do so by that air cargo agent.