The Aviation Security (Air Cargo Agents) Regulations 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable the Secretary of State to maintain a list of air cargo agents who are approved for purposes related to aviation security (referred to as the “list of security approved air cargo agents”). They revoke and replace previous regulations which enabled such a list for only discrete types of air cargo agents.

Regulation 3 enables the Secretary of State to maintain the list of security approved air cargo agents and provides for the list to be sub-divided into three separate categories of air cargo agents, namely Regulated Agents, Known Consignors and Regulated Suppliers. Regulation 3 also requires each individual site that handles relevant air cargo to be included as a separate listing.

Regulation 4 sets out the requirements for applying for inclusion on the list of security approved air cargo agents.

Regulation 5 sets out the requirements that the Secretary of State must be satisfied are met in order to approve an application for inclusion on the list of security approved air cargo agents.

Regulation 6 requires the Secretary of State to give notice to an air cargo agent when their application for inclusion on the list of security approved air cargo agents has been approved.

Regulation 7 requires the Secretary of State to give notice of a proposal to refuse an application for inclusion on the list of security approved air cargo agents and enables the air cargo agent in question to make representations to the Secretary of State which must be considered before a final decision is made.

Regulation 8 requires air cargo agents on the list of security approved air cargo agents to give the Secretary of State notice of any changes to the information provided as part of the application, as well as details of the corrected information.

Regulation 9 sets out the conditions under which the Secretary of State may remove an air cargo agent from the list of security approved air cargo agents, as well requiring the Secretary of State to give notice of a proposal to remove an air cargo agent from the list. An air cargo agent is permitted to make representations to the Secretary of State which must be considered before a final decision is made.

Regulation 10 extends the provisions of Part 2 of the Aviation Security Act 1982, which apply to persons permitted to have access to a security restricted area of an aerodrome for the activities of a business, to air cargo agents on the list of security approved air cargo agents with appropriate modification.

Regulation 11 revokes previous Statutory Instruments relating to the list of security approved air cargo agents, the content of which is being replaced, with amendments, through these Regulations. Regulation 11 also omits a number of points from assimilated regulations which provided an alternative basis and criteria for the maintenance of lists of approved air cargo agents, referred to as “the database of supply chain security”.

Regulation 12 makes transitional provision requiring the Secretary of State to add Regulated Agents who were on the previous list of security approved air cargo agents immediately before the revocation of the relevant regulations to the new list without requiring a further application. Similar provision is made to require the Secretary of State to add Known Consignors and Regulated Suppliers who were on the database of supply chain security immediately before the omission of the relevant provisions of assimilated law to the new list of security approved air cargo agents without requiring a further application. Transitional provision is also made to ensure that any applications for inclusion on the list of security approved air cargo agents under the Aviation Security (Air Cargo Agents) Regulations 1993, or for inclusion of the database of supply chain security immediately before the commencement of these regulations are considered in accordance with the rules applicable at the time the application was made. An air cargo agent approved through such an application will be added to the new list of security approved air cargo agents.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.