Commentary Schedule 11: Aviation security directions etc: minor and consequential amendments Section 79: Approved providers of aviation security services
264.Section 79 makes a number of amendments to section 20A of the ASA 1982 (aviation security services: approved providers). Section 20A confers a power enabling the Secretary of State to make regulations about approved providers of aviation security services. Subsection (2) of section 79 amends section 20A(2) so as to enable the regulations made under that section to provide for the CAA, rather than the Secretary of State, to maintain a list of persons who are approved by it for the provision of a particular aviation security service.
265.Subsection (3) of section 79 amends section 20A(3) so as to enable regulations made under section 20A to provide for approval to be given, and persons to be listed in respect of the provision of a service, either generally or only at a particular location; to make provision about factors to be taken into account when deciding whether to grant an application; to make provision for employees of listed persons to be treated as listed in respect of the provision of that service generally or at that location (as appropriate) in specified circumstances; and other conditions applying to a listing.
266.Subsection (4) inserts new subsection (3A) into section 20A, which provides that regulations must include provision for appeals against the refusal of applications for inclusion in a list and against removal from a list, and, where appropriate, for appeals against conditions.
267.Subsection (5) inserts new subsection (5A), which defines “listed person”, in relation to an aviation security service, as meaning a person who is listed in respect of the provision of that service generally or at the relevant location.