The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006

• Citation: S.I. 2006/428
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 and shall come into force on 20th March 2006.

(2) These Regulations extend to England and Wales.

Section 2 Interpretation

In these regulations—

“the 1982 Act ” means the Aviation Security Act 1982 ;

“the 2001 Act ” means the Private Security Industry Act 2001;

“ Direction 11 ” means the Aviation Security (Aircraft Operators, Aerodrome Managers, Listed Security Approved Air Cargo Agents and Catering Undertakings) (selection of aviation security staff) Direction 2002 ; and

“ Direction 12a ” means the Aviation Security (Aircraft Operators, Aerodrome Managers) (training of aviation security staff) Direction 1993 .

Section 3 Exemption in respect of aviation security services

A person who engages in licensable conduct in the circumstances prescribed in regulation 4 shall not be guilty of an offence under section 3 of the 2001 Act (conduct prohibited without a licence) if he conducts that licensable conduct in those prescribed circumstances.

Section 4 Exemption in respect of aviation security services

(1) The circumstances prescribed for the purposes of this regulation are those where an operative, supervisor or security manager is provided—

(a) in accordance with section 14 of the 1982 Act and the Single Direction to Aerodrome Managers 2002 , by a manager of any aerodrome listed in Schedule 1 to Direction 11 to carry out, supervise or manage any activity listed in paragraphs (a) to (d) of Schedule 2 to Direction 11; or

(b) in accordance with section 14 of the 1982 Act and the Single Direction to Aircraft Operators 2004 , by a person who is an operator of any aircraft registered or operating in the United Kingdom to carry out, supervise or manage any activity listed in paragraphs (a) to (d) of Schedule 2 to Direction 11,

and satisfies the requirements in paragraph (2).

(2) The requirements specified for the purposes of this paragraph are—

(a) the person is, in accordance with paragraph 4(a) of Direction 11, selected in accordance with Schedule 5 to that Direction; and

(b) the person satisfies any training requirement specified in respect of him in paragraph (3).

(3) The training requirements specified for the purposes of this paragraph are—

(a) in the case of an operative, training in accordance with paragraphs 3 to 6 of Direction 12a; and

(b) in the case of a supervisor, training in accordance with paragraphs 7 to 10 of Direction 12a.

(4) For the purposes of this regulation—

(a) “operative” means a person who is given the duty of carrying out any activity listed in paragraphs (a) to (d) of Schedule 2 to Direction 11 pursuant to any direction issued by the Secretary of State under section 14 of the 1982 Act;

“supervisor” means a person who is given the duty of supervising an operative in relation to an activity listed in paragraphs (a) to (d) of Schedule 2 to Direction 11 where the activity is carried out pursuant to any direction issued by the Secretary of State under section 14 of the 1982 Act;

“security manager” means a person who is given the duty of managing a supervisor or operative in relation to an activity listed in paragraphs (a) to (d) of Schedule 2 to Direction 11 where the activity is carried out pursuant to any direction issued by the Secretary of State under section 14 of the 1982 Act.