ukpga/1982/36 — Aviation Security Act 1982

Aviation Security Act 1982 1982 c. 36 An Act to consolidate certain enactments relating to aviation security. [23rd July, 1982] Part I Offences Against the Safety of Aircraft Etc. Hijacking. 1 1 A person on board an aircraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the aircraft or exercises control of it commits the offence of hijacking, whatever his nationality, whatever the State in which the aircraft is registered and whether the aircraft is in the United Kingdom or elsewhere, but subject to subsection (2) below. 2 If— a the aircraft is used in military, customs or police service, or b both the place of take-off and the place of landing are in the territory of the State in which the aircraft is registered, subsection (1) above shall not apply unless— i the person seizing or exercising control of the aircraft is a United Kingdom national; or ii his act is committed in the United Kingdom; or iii the aircraft is registered in the United Kingdom or is used in the military or customs service of the United Kingdom or in the service of any police force in the United Kingdom. 3 A person who commits the offence of hijacking shall be liable, on conviction on indictment, to imprisonment for life. 4 If the Secretary of State by order made by statutory instrument declares— a that any two or more States named in the order have established an organisation or agency which operates aircraft; and b that one of those States has been designated as exercising, for aircraft so operated, the powers of the State of registration, the State declared under paragraph (b) of this subsection shall be deemed for the purposes of this section to be the State in which any aircraft so operated is registered; but in relation to such an aircraft subsection (2)(b) above shall have effect as if it referred to the territory of any one of the States named in the order. 5 For the purposes of this section the territorial waters of any State shall be treated as part of its territory. Destroying, damaging or endangering safety of aircraft. 2 1 It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally— a to destroy an aircraft in service or so to damage such an aircraft as to render it incapable of flight or as to be likely to endanger its safety in flight; or b to commit on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft. 2 It shall also, subject to subsection (4) below, be an offence for any person unlawfully and intentionally to place, or cause to be placed, on an aircraft in service any device or substance which is likely to destroy the aircraft, or is likely so to damage it as to render it incapable of flight or as to be likely to endanger its safety in flight; but nothing in this subsection shall be construed as limiting the circumstances in which the commission of any act— a may constitute an offence under subsection (1) above, or b may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence. 3 Except as provided by subsection (4) below, subsections (1) and (2) above shall apply whether any such act as is therein mentioned is committed in the United Kingdom or elsewhere, whatever the nationality of the person committing the act and whatever the State in which the aircraft is registered. 4 Subsections (1) and (2) above shall not apply to any act committed in relation to an aircraft used in military, customs or police service unless— a the act is committed in the United Kingdom, or b where the act is committed outside the United Kingdom, the person committing it is a United Kingdom national. 5 A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. 6 In this section unlawfully— a in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and b in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland. 7 In this section act of violence means— a any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883, and b any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above. Other acts endangering or likely to endanger safety of aircraft. 3 1 It shall, subject to subsections (5) and (6) below, be an offence for any person unlawfully and intentionally to destroy or damage any property to which this subsection applies, or to interfere with the operation of any such property, where the destruction, damage or interference is likely to endanger the safety of aircraft in flight. 2 Subsection (1) above applies to any property used for the provision of air navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere. 3 It shall also, subject to subsections (4) and (5) below, be an offence for any person intentionally to communicate any information which is false, misleading or deceptive in a material particular, where the communication of the information endangers the safety of an aircraft in flight or is likely to endanger the safety of aircraft in flight. 4 It shall be a defence for a person charged with an offence under subsection (3) above to prove— a that he believed, and had reasonable grounds for believing, that the information was true; or b that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties. 5 Subsections (1) and (3) above shall not apply to the commission of any act unless either the act is committed in the United Kingdom, or, where it is committed outside the United Kingdom— a the person committing it is a United Kingdom national; or b the commission of the act endangers or is likely to endanger the safety in flight of a civil aircraft registered in the United Kingdom or chartered by demise to a lessee whose principal place of business, or (if he has no place of business) whose permanent residence, is in the United Kingdom; or c the act is committed on board a civil aircraft which is so registered or so chartered; or d the act is committed on board a civil aircraft which lands in the United Kingdom with the person who committed the act still on board. 6 Subsection (1) above shall also not apply to any act committed outside the United Kingdom and so committed in relation to property which is situated outside the United Kingdom and is not used for the provision of air navigation facilities in connection with international air navigation, unless the person committing the act is a United Kingdom national. 7 A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. 8 In this section civil aircraft means any aircraft other than an aircraft used in military, customs or police service and unlawfully has the same meaning as in section 2 of this Act. Offences in relation to certain dangerous articles. 4 1 It shall be an offence for any person without lawful authority or reasonable excuse (the proof of which shall lie on him) to have with him— a in any aircraft registered in the United Kingdom, whether at a time when the aircraft is in the United Kingdom or not, or b in any other aircraft at a time when it is in, or in flight over, the United Kingdom, or c in any part of an aerodrome in the United Kingdom, or d in any air navigation installation in the United Kingdom which does not form part of an aerodrome, any article to which this section applies. 2 This section applies to the following articles, that is to say— a any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not; b any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and c any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person. 3 For the purposes of this section a person who is for the time being in an aircraft, or in part of an aerodrome, shall be treated as having with him in the aircraft, or in that part of the aerodrome, as the case may be, an article to which this section applies if— a where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight, or b where he is in part of an aerodrome (otherwise than in an aircraft), the article, or an article in which it is contained, is in that or any other part of the aerodrome and has been caused (whether by him or by any other person) to be brought into the aerodrome as being, or as forming part of, his baggage on a flight from that aerodrome or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also to be carried. notwithstanding that the circumstances may be such that (apart from this subsection) he would not be regarded as having the article with him in the aircraft or in a part of the aerodrome, as the case may be. 4 A person guilty of an offence under this section shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both. 5 Nothing in subsection (3) above shall be construed as limiting the circumstances in which a person would, apart from that subsection, be regarded as having an article with him as mentioned in subsection (1) above. Jurisdiction of courts in respect of air piracy. 5 1 Any court in the United Kingdom having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of piracy committed by or against an aircraft, wherever that piracy is committed. 2 in subsection (1) above, aircraft has the same meaning as in section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft); and, for the purposes of this definition, section 101 of that Act (Crown aircraft) shall apply to this section as it applies to the said section 92. Ancillary offences. 6 1 Without prejudice to section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft) or to section 2(1)(b) of this act, where a person (of whatever nationality) does on board any aircraft (wherever registered) and while outside the United Kingdom any act which, if done in the United Kingdom would constitute the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 28 or 29 of the Offences against the Person Act 1861 or section 2 of the Explosive Substances Act 1883, his act shall constitute that offence if it is done in connection with the offence of hijacking committed or attempted by him on board that aircraft. 2 It shall be an offence for any person in the United Kingdom to induce or assist the commission outside the United Kingdom of any act which— a would, but for subsection (2) of section 1 of this Act, be an offence under that section; or b would, but for subsection (4) of section 2 of this Act, be an offence under that section; or c would, but for subsection (5) or (6) of section 3 of this Act, be an offence under that section. 3 A person who commits an offence under subsection (2) above shall be liable, on conviction on indictment, to imprisonment for life. 4 Subsection (2) above shall have effect without prejudice to the operation, in relation to any offence under section 1, 2 or 3 of this Act— a in England and Wales, or in Northern Ireland, of section 8 of the Accessories and Abettors Act 1861; or b in Scotland, of any rule of law relating to art and part guilt. Powers exercisable on suspicion of intended offence under Part I. 7 1 Where a constable has reasonable cause to suspect that a person about to embark on an aircraft in the United Kingdom, or a person on board such an aircraft, intends to commit, in relation to the aircraft, an offence under any of the preceding provisions of this Part of this Act (other than section 4), the constable may prohibit him from travelling on board the aircraft, and for the purpose of enforcing that prohibition the constable— a may prevent him from embarking on the aircraft or, as the case may be, may remove him from the aircraft; and b may arrest him without warrant and detain him for so long as may be necessary for that purpose. 2 Any person who intentionally obstructs a person acting in the exercise of a power conferred on him by subsection (1) above shall be guilty of an offence and liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. 3 Subsection (1) above shall have effect without prejudice to the operation in relation to any offence under this Act— a in England and Wales, of section 2 of the Criminal Law Act 1967 (which confers power to arrest without warrant) or of section 3 of that Act (use of force in making arrest etc. ); or b in Scotland, of any rule of law relating to power to arrest without warrant; or c in Northern Ireland, of section 2 or 3 of the Criminal Law Act (Northern Ireland) 1967. Prosecution of offences and proceedings. 8 1 Proceedings for an offence under any of the preceding provisions of this Part of this Act (other than sections 4 and 7) shall not be instituted— a in England and Wales, except by, or with the consent of, the Attorney General; and b in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland. 2 As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under or by virtue of section 2, 3 or 6(2)(b) or (c) of this Act, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part II Protection of Aircraft, Aerodromes and Air Navigation Installations Against Acts of Violence General purposes Purposes to which Part II applies. 10 1 The purposes to which this Part of this Act applies are the protection against acts of violence— a of aircraft, and of persons or property on board aircraft; b of aerodromes, and of such persons or property as (in the case of persons) are at any time present in any part of an aerodrome or (in the case of property) forms part of an aerodrome or is at any time (whether permanently or temporarily) in any part of an aerodrome; and c of air navigation installations which do not form part of an aerodrome. 2 In this Part of this Act act of violence means any act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere) which either— a being an act done in Great Britain, constitutes, or b if done in Great Britain would constitute, the offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971 or, in Scotland, the offence of malicious mischief. 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. Powers of Secretary of State Power for Secretary of State to require information. 11 1 A relevant authority may, by notice in writing served on any person who— a is the operator of one or more aircraft registered or operating in the United Kingdom, b is the manager of an aerodrome in the United Kingdom, c occupies any land forming part of an aerodrome in the United Kingdom, or d is permitted to have access to a security restricted area of an aerodrome for the purposes of the activities of a business carried on by him, require that person to provide the authority with such information specified in the notice as the authority may require in connection with the exercise by the authority of functions conferred by or under this Part of this Act. 1A Each of the following is a relevant authority for the purposes of this section— a the Secretary of State, and b the CAA. 2 A notice under subsection (1) above shall specify a period before the end of which the information required by the notice in accordance with subsection (1) above is to be furnished to the relevant authority . 3 Any such notice may also require the person on whom it is served, after he has furnished to the relevant authority the information required by the notice in accordance with subsection (1) above, to inform the relevant authority if at any time the information previously furnished to the relevant authority (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken) . 4 In so far as such a notice requires further information to be furnished to the relevant authority in accordance with subsection (3) above, it shall require that information to be furnished to the authority before the end of such period ... as is specified in the notice for the purposes of this subsection. 5 Any person who— a . . . , without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, or b in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and liable— i on summary conviction, to a fine not exceeding the statutory maximum; ii on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. 5A Proceedings for an offence under subsection (5) above may not be instituted against a person who has paid a penalty in respect of the same failure, or the same false statement, by virtue of regulations made under section 22A. 6 A notice served on a person by a relevant authority under subsection (1) above may at any time— a be revoked by a notice in writing served on him by the relevant authority , or b be varied by the relevant authority by a further notice under subsection (1) above . Designation of security restricted areas Designation of security restricted areas . 11A 1 The manager of an aerodrome in the United Kingdom may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the aerodrome as a security restricted area for the purposes of this Part of this Act. 2 Where the aerodrome includes an air navigation installation, the manager— a shall, before making any application under subsection (1) above, consult the authority responsible for the air navigation installation, and b shall send a copy of the application to that authority. 3 An application under subsection (1) above shall be in such form, and accompanied by such plans, as the Secretary of State may require. 4 If the Secretary of State approves an application under subsection (1) above, with or without modifications, he shall designate the security restricted area accordingly. 4A Before approving an application without modifications the Secretary of State shall consult the CAA. 5 Before approving an application with modifications, the Secretary of State shall consult— za the CAA , a the manager of the aerodrome, and b the authority responsible for any air navigation installation which forms part of the aerodrome. 6 If the manager of an aerodrome is requested in writing by the Secretary of State to make an application under subsection (1) above within a specified period but fails to do so within that period, the Secretary of State may designate the whole or any part of the aerodrome as a security restricted area . 7 The whole or any part of the aerodrome may be designated as a security restricted area , or part of a security restricted area , for specified days or times of day only. 8 The Secretary of State shall give notice of any designation under this section to— za the CAA , a the manager of the aerodrome, and b the authority responsible for any air navigation installation which forms part of the aerodrome, and the designation of the security restricted area shall take effect on the giving of the notice. 9 In relation to an air navigation installation in the United Kingdom which does not form part of an aerodrome, this section has effect as if any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference to the authority responsible for such an air navigation installation. 10 Where the whole or any part of an aerodrome has been designated under this section as a security restricted area — a subsections (1) to (9) above also have effect in relation to any variation of the designation, and b the designation may at any time be revoked by the Secretary of State. Directions Power to impose restrictions in relation to aircraft. 12 1 For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the operator of any one or more aircraft registered or operating in the United Kingdom, or to the manager of any aerodrome in the United Kingdom, requiring him— a not to cause or permit persons or property to go or be taken on board any aircraft to which the direction relates, or to come or be brought into proximity to any such aircraft, unless such searches of those persons or that property as are specified in the direction have been carried out by constables or by other persons of a description specified in the direction, or b not to cause or permit any such aircraft to fly in or into the United Kingdom unless such searches (of persons or property or of the aircraft itself) as are specified in the direction have been carried out by constables or by other persons of a description so specified. 2 Subject to subsection (3) below, the Secretary of State may give a direction in writing to the operator of any one or more aircraft registered in the United Kingdom requiring him not to cause or permit the aircraft to fly unless such modifications or alterations of the aircraft, or of apparatus or equipment installed in the aircraft, as are specified in the direction have first been carried out, or such additional apparatus or equipment as is so specified is first installed in the aircraft. 3 Before giving any direction under subsection (2) above, the Secretary of State shall inform the CAA of the modifications, alterations or additional apparatus or equipment proposed to be required, and shall take account of any advice given to him by the CAA with respect to those proposals. 4 In giving any direction under subsection (2) above, the Secretary of State shall allow, and shall specify in the direction, such period as appears to him to be reasonably required for carrying out the modifications or alterations or installing the additional apparatus or equipment in question; and the direction shall not take effect before the end of the period so specified. 5 Subject to the following provisions of this Part of this Act, a direction given to an operator of aircraft under subsection (1) above may be given so as to relate— a either to all the aircraft registered or operating in the United Kingdom of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction; b either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and c either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction; and a direction given to an operator of aircraft under subsection (2) above may be given so as to relate either to all aircraft registered in the United Kingdom of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, or to a class of such aircraft, specified in the direction. 6 Subject to the following provisions of this Part of this Act, a direction given to the manager of an aerodrome under subsection (1) above may be given so as to relate— a either to all aircraft which at the time when the direction is given or at any subsequent time are in any part of the aerodrome, or to a class of such aircraft specified in the direction; b either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and c either to property of every description or only to particular property, or property of one or more descriptions, specified in the direction. 7 Subject to the following provisions of this Part of this Act, any direction given under this section to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done. 8 A direction may be given under this section to a person appearing to the Secretary of State to be about to become— a such an operator as is mentioned in subsection (1) or (2) above; or b such a manager as is mentioned in subsection (1) above; but a direction given to a person by virtue of this subsection shall not take effect until he becomes such an operator or manager, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications. 9 Any person who ,without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. 9A Proceedings for an offence under subsection (9) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A. 10 Where a person is convicted of an offence under subsection (9) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues. Power to require aerodrome managers to promote searches at aerodromes. 13 1 For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the manager of any aerodrome in the United Kingdom requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction. 2 The searches to which this section applies, in relation to an aerodrome, are searches— a of the aerodrome or any part of it; b of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the aerodrome; and c of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome. 3 Without prejudice to section 7(1) of this Act, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if a constable, or any other person specified in the direction in accordance with this section, has reasonable cause to suspect that an article to which section 4 of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other moveable property of any description which, or any person who, is for the time being in any part of the aerodrome, and for that purpose— a may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if need be by force, and b may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose. 4 Any person who— a without reasonable excuse fails to comply with a direction given to him under this section, or b intentionally obstructs a person acting in the exercise of a power conferred on him by subsection (3) above, shall be guilty of an offence and liable— i on summary conviction, to a fine not exceeding the statutory maximum; ii on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. 4ZA Proceedings for an offence under subsection (4) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A. 4A Where a person is convicted of an offence under subsection (4)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues. 5 Subsection (3) above shall have effect without prejudice to the operation, in relation to any offence under this Act— a in England and Wales, of sections 17, 24 and 24A of the Police and Criminal Evidence Act 1984 (which confer power to arrest without warrant and to enter premises for the purpose of making an arrest) or of section 3 of the Criminal Law Act 1967 (use of force in making arrest etc.); or b in Scotland, of any rule of law relating to power to arrest without warrant; or c in Northern Ireland, of Articles 19, 26 and 27 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 or of section 3 of the Criminal Law Act (Northern Ireland) 1967. Power to require other persons to promote searches. 13A 1 For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who— a occupies any land forming part of an aerodrome in the United Kingdom, or b is permitted to have access to a security restricted area of such an aerodrome for the purposes of the activities of a business carried on by him, requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction. 2 The searches to which this section applies are— a in relation to a person falling within subsection (1)(a) above, searches— i of the land which he occupies within the aerodrome, and ii of persons or property which may at any time be on that land; and b in relation to a person falling within subsection (1)(b)above, searches— i of any land which he occupies outside the aerodrome for the purposes of his business, and ii of persons or property which may at any time be on that land. 3 Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. 3A Proceedings for an offence under subsection (3) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A. 4 Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues. General power to direct measures to be taken for purposes to which Part II applies. 14 1 Subsection (1A) below applies to any person who— a is the operator of one or more aircraft registered or operating in the United Kingdom, b is the manager of an aerodrome in the United Kingdom, c occupies any land forming part of an aerodrome in the United Kingdom, or d is permitted to have access to a security restricted area of such an aerodrome for the purposes of the activities of a business carried on by him. 1A Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction— a in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the United Kingdom of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction; b in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome; c in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and d in the case of a direction given to a person as a person who is permitted to have access to a security restricted area as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that area as are specified in the direction. 2 Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)— a where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence; b where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence; c where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any aircraft in the aerodrome which is for the time being under his control; or d where the direction is given to a person as falling within subsection (1)(d) above, of guarding— i any land outside the aerodrome occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and ii any aircraft which is for the time being under his control, for purposes to which this Part of this Act applies. 3 A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A direction under this section— a shall not require any search (whether of persons or of property), and b shall not require the modification or alteration of any aircraft, or of any of its apparatus or equipment, or the installation of additional apparatus or equipment, or prohibit any aircraft from being caused or permitted to fly without some modification or alteration of the aircraft or its apparatus or equipment or the installation of additional apparatus or equipment. 6 A direction may be given under this section to a person appearing to the Secretary of State to be about to become a person to whom subsection (1A) above applies , but a direction given to a person by virtue of this subsection shall not take effect until he becomes such a person , and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications. 7 Any person— a who . . . , without reasonable excuse, fails to comply with a direction given to him under this section, or b intentionally interferes with any building constructed or works executed on any land in compliance with a direction under this section or with anything installed on, under, over or across any land in compliance with such a direction, shall be guilty of an offence and liable— i on summary conviction, to a fine not exceeding the statutory maximum; ii on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. 7ZA Proceedings for an offence under subsection (7)(a) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A. 7A Where a person is convicted of an offence under subsection (7)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues. 8 The ownership of any property shall not be affected by reason only that it is placed on or under, or affixed to, any land in compliance with a direction under this section. Review by CAA 14A 1 The CAA must keep under review the directions under sections 12 to 14 for the time being in force. 2 The CAA must, when it considers it appropriate, make recommendations to the Secretary of State about those directions and about the giving of further directions under those sections. 3 The CAA must make the recommendations in the form specified by the Secretary of State. Supplemental provisions with respect to directions Matters which may be included in directions under ss. 12 to 14. 15 1 A direction under subsection (1) of section 12 or under section 13 or 13A of this Act may specify the minimum number of persons by whom any search to which the direction relates is to be carried out, the qualifications which persons carrying out any such search are to have, the manner in which any such search is to be carried out, and any apparatus, equipment or other aids to be used for the purpose of carrying out any such search. 2 A direction under subsection (2) of section 12 of this Act must require all the persons carrying out any modifications or alterations, or the installation of any additional apparatus or equipment, to be persons approved by the CAA . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A direction under section 14 of this Act may specify— a the minimum number of persons to be employed for the purposes of any measures required by the direction to be taken by the person to whom it is given , and the qualifications which persons employed for those purposes are to have, and b any apparatus, equipment or other aids to be used for those purposes. 5 Where a direction under any of the preceding provisions of this Part of this Act requires searches to be carried out, or other measures to be taken, by constables, the direction may require the person to whom it is given to inform the chief officer of police for the police area in which the searches are to be carried out or the other measures taken that the Secretary of State considers it appropriate that constables should be duly authorised to carry, and should carry, firearms when carrying out the searches or taking the measures in question. 6 Nothing in subsections (1) to (5) above shall be construed as limiting the generality of any of the preceding provisions of this Part of this Act. 7 In this section qualifications includes training and experience. 8 In the application of this section to Northern Ireland for the words in subsection (5) above from chief officer to measures taken there are substituted the words chief constable of the Royal Ulster Constabulary. Limitations on scope of directions under ss. 12 to 14. 16 1 Without prejudice to subsection (5) of section 15 of this Act, a direction shall not require or authorise any person to carry a firearm. 2 A direction shall not have effect in relation to any aircraft used in military, customs or police service. 3 A direction shall not have effect in relation to any aircraft of which the operator is the Government of a country outside the United Kingdom, or is a department or agency of such a Government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that Government, department or agency for such use. 4 A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorising the person to whom the direction was given, or any person acting as his employee or agent , to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances (whether at the instance of the person to whom the direction was given or otherwise) by a constable, or its use by any other person in the exercise of a power conferred by section 7(1) or 13(3) of this Act or by any of the following provisions of this Act. 5 In so far as a direction requires anything to be done or not done at a place outside the United Kingdom— a it shall have effect only in relation to— i aircraft registered in the United Kingdom, or ii a requirement not to cause or permit an aircraft to fly in or into the United Kingdom unless certain things have, or have not, been done, and b it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract. 6 In so far as a direction given to the manager of an aerodrome or to any person mentioned in section 14(1)(c) or (d) of this Act requires a building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the person to whom it is given any rights as against a person having— a an interest in that land, or b a right to occupy that land, or c a right restrictive of its use; and accordingly, the direction shall not be construed as requiring the person to whom it is given to do anything which would be actionable at the suit or instance of a person having such interest or right in his capacity as a person having that interest or right. 7 Nothing in this section shall be construed as derogating from any exemption or immunity of the Crown in relation to the provisions of this Part of this Act. 8 In this section direction means a direction under section 12, 13 , 13A or 14 of this Act. Directions requiring national security vetting 16A 1 This section applies where a direction under any of sections 12 to 14 makes provision requiring an individual who carries on, or wishes to carry on, an activity specified or described in the direction to be subject to national security vetting by the CAA. 2 The CAA must make arrangements for carrying out that vetting, including— a arrangements for renewing and withdrawing clearance, and b arrangements for appeals. 3 The Secretary of State may give directions to the CAA in connection with the arrangements, including directions as to— a steps to be included in the vetting process, b time limits for completing such steps, and c the period for which clearance is to remain valid. 4 The CAA must comply with a direction given to it under this section. 5 This section does not affect any other power relating to national security vetting. General or urgent directions under ss. 12 and 14. 17 1 A direction given to any person under section 12 , 13, 13A or 14 of this Act need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs. 2 If it appears to the Secretary of State that an exception from any direction given under any of those sections is required as a matter of urgency in any particular case he may, by a notification given (otherwise than in writing) to the person for the time being subject to the direction, authorise that person to disregard the requirements of the direction— a in relation to such aircraft or class of aircraft, in relation to such aerodrome or part of an aerodrome, in relation to such land outside an aerodrome, in relation to such activities, or in relation to such persons or property or such description of persons or property, and b on such occasion or series of occasions, or for such period, as he may specify; and the direction shall have effect in that case subject to any exceptions so specified. 3 Any notification given to any person under subsection (2) above with respect to any direction shall cease to have effect (if it has not already done so)— a if a direction in writing is subsequently given to that person varying or revoking the original direction; or b if no such direction in writing is given within the period of thirty days beginning with the date on which the notification was given, at the end of that period. 4 Any notification given under subsection (2) above shall be regarded as given to the person to whom it is directed if it is given— a to any person authorised by that person to receive any such direction or notification; b where that person is a body corporate, to the secretary, clerk or similar officer of the body corporate; and c in any other case, to anyone holding a comparable office or position in that person’s employment. Copies of directions etc for CAA 17A 1 The Secretary of State must give the CAA a copy of— a each direction under section 12, 13, 13A or 14, and b each direction varying or revoking such a direction. 2 The Secretary of State must inform the CAA of each notification given under section 17. Objections to certain directions under s. 14. 18 1 This section applies to any direction given under section 14 of this Act which— a requires a person to take measures consisting of or including the construction, execution, alteration, demolition or removal of a building or other works; and b does not contain a statement that the measures are urgently required and that accordingly the direction is to take effect immediately. 2 At any time before the end of the period of thirty days beginning with the date on which a direction to which this section applies is given, the person to whom the direction is given may serve on the Secretary of State a notice in writing objecting to the direction, on the grounds that the measures specified in the direction, in so far as they relate to the construction, execution, alteration, demolition or removal of a building or other works— a are unnecessary and should be dispensed with; or b are excessively onerous or inconvenient and should be modified in a manner specified in the notice. 3 Where the person to whom such a direction is given serves a notice under subsection (2) above objecting to the direction, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either— a confirming the direction as originally given; or b confirming it subject to one or more modifications specified in the notice under this subsection; or c withdrawing the direction; and the direction shall not take effect until it has been confirmed (with or without modifications) by a notice served under this subsection. Enforcement notices. 18A 1 Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 12, 13, 13A or 14 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an enforcement notice)— a specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and b specifying, subject to section 18B of this Act, the measures that ought to be taken in order to comply with those requirements. 2 For the purposes of this section a requirement of a direction given by the Secretary of State under section 12, 13, 13A or 14 of this Act is a general requirement if the provision imposing the requirement— a has been included in two or more directions given to different persons (whether or not at the same time), and b is framed in general terms applicable to all the persons to whom those directions are given. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice. 5 Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice. Contents of enforcement notice. 18B 1 An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Secretary of State under the provision under which the direction was given. 2 An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the direction. 3 Subject to subsection (4) below, an enforcement notice which relates to a direction given under section 12 of this Act must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken. 4 In serving an enforcement notice which relates to a direction under section 12(2) of this Act, the authorised person shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified. 5 An enforcement notice which relates to a direction given under section 13, 13A or 14 of this Act must either— a require the person to whom the direction was given to take the specified measures within a specified period which— i where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than thirty days beginning with the date of service of the notice, and ii in any other case, must not be less than seven days beginning with that date; or b require him not to do specified things, or cause or permit specified things to be done, until the specified measures have been taken. 6 Subject to section 18E(2) of this Act, an enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done. Offences relating to enforcement notices. 18C 1 Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him shall be guilty of an offence and liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine. 2 Where a person is convicted of an offence under subsection (1) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues. 3 Any person who intentionally interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such notice shall be guilty of an offence and liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine. Objections to enforcement notices. 18D 1 The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection. 2 Any notice of objection under subsection (1) above must be served— a where the enforcement notice specifies measures falling within section 18B(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or b in any other case, before the end of the period of seven days beginning with that date. 3 The grounds of objection to an enforcement notice are— a that the general requirements of the direction which are specified in the notice for the purposes of section 18A(1)(a) of this Act have been complied with, b that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or c that any requirement of the notice— i is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or ii having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above. 3A On receipt of an objection to an enforcement notice under subsection (1) the Secretary of State must— a give a copy of the objection to the authorised person who served the enforcement notice and the CAA , b consider the objection, c allow the person making the objection and the authorised person who served the enforcement notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State, d give a decision notice to the person who made the objection, and e give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA. 4 In this section “ decision notice ” means a notice in writing either — a confirming the enforcement notice as originally served, or b confirming it subject to one or more modifications specified in the decision notice , or c cancelling the enforcement notice. 5 An enforcement notice to which an objection has been made under subsection (1) above — a if it contains such a requirement as is mentioned in section 18B(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a decision notice , and b in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above. Enforcement notices: supplementary. 18E 1 An enforcement notice served on any person— a may be revoked by a notice served on him by an authorised person, and b may be varied by a further enforcement notice. 2 Sections 15 and 16 of this Act apply to an enforcement notice as they apply to the direction to which the notice relates. 3 The ownership of any property shall not be affected by reason only that it is placed on or under or affixed to, any land in compliance with an enforcement notice. 4 Where an authorised person has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorised person, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 12(9), 13(4), 13A(3) or 14(7) of this Act, to have failed to comply with the direction by reason of the matters specified in the notice. 5 Subsection (4) above does not apply in relation to any proceedings commenced before the service of the enforcement notice. 6 Where an enforcement notice has been served in relation to a direction, the fact that the notice specifies certain general requirements of the direction as those with which the person on whom the notice is served has, in the opinion of the authorised person, failed to comply shall not in any proceedings be evidence that any other requirement of the direction has been complied with. 7 In this section direction means a direction under section 12, 13, 13A or 14 of this Act. Operation of directions under Part II in relation to rights and duties under other laws. 19 1 The following provisions of this section, where they refer to a direction under any of the preceding provisions