The Aviation Security Regulations 2010

• Citation: S.I. 2010/902
• Sections: 11

Section 1 Citation, Commencement and Interpretation

(1) These Regulations may be cited as the Aviation Security Regulations 2010 and they come into force on 29th April 2010.

(2) In these Regulations “the 1982 Act” means the Aviation Security Act 1982 .

Section 2 Designation

The Secretary of State for Transport is the designated single authority responsible for the coordination and monitoring of the implementation of security standards for the purposes of Article 9 of Regulation (EC) 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security .

Section 3 Amendments to the 1982 Act

Part II of the 1982 Act (protection of aircraft, aerodromes and air navigation installations against acts of violence) is amended in accordance with regulations 4 to 11.

Section 4 Purposes to which Part II applies

In section 10 (purposes to which Part II applies), after subsection (2), add—

(3) The purpose of protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation is to be treated as a purpose to which this Part applies (in so far as it is not a purpose to which this Part applies by virtue of subsection (1)).

(4) The reference in subsection (3) to protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation has the same meaning as in the Framework Regulation.

Section 5 Inspection of aircraft and aerodromes

Section 20 (inspection of aircraft and aerodromes) is amended as follows—

(a) after subsection (3), insert—

(3A) Subject to subsection (4) below, an authorised person has such powers to enter aircraft, buildings or works or to enter upon land as are necessary for the purpose of accompanying a Commission inspector on a Commission inspection.

(b) in subsection (4), for “subsection (3)”, substitute “subsections (3) and (3A)”;

(c) after subsection (4), insert—

(4A) For the purpose of enabling a Commission inspector to conduct a Commission inspection, the Commission inspector has such powers as an authorised person has for the purpose of an inspection under this section.

(d) after subsection (5), add—

(6) In this section—

“ Commission inspection ” means an inspection conducted pursuant to Article 15 of the Framework Regulation;

“ Commission inspector ” means a person entitled to conduct a Commission inspection.

Section 6 Offences relating to authorised persons

In section 21E (offences relating to authorised persons) , after subsection (3), add—

(4) The offence in subsection (1) applies in respect of a Commission inspector as it applies in respect of an authorised person.

Section 7 Amendment to penalties

In the following provisions, for “one-tenth of level 5 on the standard scale” substitute “£100”—

(a) section 12(10) (power to impose restrictions in relation to aircraft) ;

(b) section 13(4A) (power to require aerodrome managers to promote searches at aerodromes) ;

(c) section 13A(4) (power to require other persons to promote searches) ;

(d) section 14(7A) (general power to direct measures to be taken for the purposes to which Part II applies) ; and

(e) section 18C(2) (offences relating to enforcement notices) .

Section 8 Interpretation

Section 24A (interpretation of Part II) is amended as follows—

(a) in subsection (1), omit the “and” following the definition of “enforcement notice”;

(b) in subsection (1), after the definition of “enforcement notice”, insert—

“ Framework Regulation ” means Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security,

(c) in subsection (1), after the definition of “restricted zone”, add

, and

“ security restricted area ” has the meaning given by Article 3 of the Framework Regulation.

(d) after subsection (2), add—

(3) For the purposes of this Part of this Act, in circumstances where the Framework Regulation does not apply, references to a security restricted area are to be read as references to a restricted zone (and references to that area are to be read accordingly).

Section 9 Renaming “restricted zone” as “security restricted area”

In the following provisions, for “restricted zone” substitute “security restricted area”—

(a) section 11(1)(d) (power for Secretary of State to require information) ;

(b) section 11A (designation of restricted zones), in each place it occurs (including the title) ;

(c) section 13A(1)(b) (power to require other persons to promote searches);

(d) section 14 (general power to direct measures to be taken for purposes to which Part II applies), in each place it occurs;

(e) section 20(1)(c)(ii) (inspection of aircraft and aerodromes);

(f) section 21A (false statements relating to baggage, cargo etc) , in each place it occurs;

(g) section 21B(3)(d) (false statements in connection with identity documents) ;

(h) section 21C (unauthorised presence in restricted zone) , in each place it occurs (including the title) apart from subsection (2A) (as inserted by regulation 11);

(i) section 21F(2)(b) (air cargo agents) ;

(j) section 23(2)(bc) (annual report by Secretary of State as to notices and directions under Part II) ; and

(k) section 24A(2) (meaning of access to restricted zone).

Section 10 Renaming “restricted zone” as “security restricted area”

In the following provisions, for “that zone” substitute “that area”—

(a) section 14(1A)(d) (general power to direct measures to be taken for purposes to which Part II applies); and

(b) section 24A(2) (meaning of access to restricted zone), in each place it occurs.

Section 11 Renaming “restricted zone” as “security restricted area”

In section 21C (unauthorised presence in restricted zone), after subsection (2), insert—

(2A) A notice stating that the area concerned was a restricted zone is, for the purposes of subsection (2), to be treated as a notice stating that the area concerned was a security restricted area.