Commentary Schedule 11: Aviation security directions etc: minor and consequential amendments
252.Schedule 11 contains amendments to Part 1 of the CAA 1982 and Part 2 of the ASA 1982.
253.Paragraph 2 amends section 11 of the CAA 1982 (charges by CAA) by inserting a new subsection (8) which provides that references in section 11 to functions of the CAA include functions conferred by or under Part 2 of the ASA 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA. This enables the CAA to charge for the cost of authorised persons authorised by the CAA.
254.Paragraph 3 amends section 20 of the CAA 1982 (supplementary provisions with respect to functions of the CAA) by inserting a new subsection (5) which provides that references in section 20 to functions of the CAA include functions conferred by or under Part 2 of the ASA 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA. This enables the CAA to have the power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of the functions of authorised persons authorised by the CAA.
255.Paragraph 6 amends section 11 of the ASA 1982 (power to require information) to provide that the Secretary of State and the CAA are a “relevant authority” for the purposes of section 11. These amendments enable the CAA, in addition to the Secretary of State, to require information be provided in connection with the exercise of its functions conferred by or under Part 2 of the ASA 1982.
256.Paragraph 8 amends section 11A of the ASA 1982 (designation of security restricted area) by inserting new subsection (4A) which requires the Secretary of State to consult the CAA before approving an application without modifications to designate a security restricted area. It also adds the CAA to the list of persons whom the Secretary of State must consult before approving an application with modifications and to whom the Secretary of State is required to give notice of any designation under section 11A.
257.Paragraph 12 inserts new section 17A (copies of directions etc for CAA) into the ASA 1982. New section 17A requires the Secretary of State to give the CAA a copy of each aviation security direction, each direction varying or revoking such a direction and each notification given by the Secretary of State, in relation to directions and notifications given on or after the coming into force of this paragraph.
258.Paragraph 13 deletes subsection (3) of section 18A (enforcement notices) of the ASA 1982 and inserts new subsections (4) and (5). These new subsections require, respectively, that where a person authorised by the Secretary of State serves an enforcement notice the Secretary of State must give a copy of the notice to the CAA, and where a person authorised by the CAA serves an enforcement notice the CAA must give the Secretary of State a copy.
259.Paragraph 14 amends section 18D of the ASA 1982 (objections to enforcement notices). Paragraph 14(2) inserts new subsection (3A). New subsection (3A) requires that, where an objection to an enforcement notice has been received, the Secretary of State must give a copy of the objection to the authorised person who served the enforcement notice and the CAA, consider the objection and allow the objector and the authorised person an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State. It also requires the Secretary of State to give a decision notice (defined by section 18D(4), as amended by paragraph 14(3)) to the person who made the objection and to give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA.
260.Paragraph 15 amends section 20B of the ASA 1982 (detention directions). Paragraph 15(2) inserts new subsections (2A) and (2B). These subsections require, respectively, that where a person authorised by the Secretary of State gives a detention direction the Secretary of State must give the CAA a copy and where a person authorised by the CAA gives a detention direction, the CAA must give the Secretary of State a copy. Paragraph 15(3)(a) inserts new paragraph (za) into subsection (5) which requires the Secretary of State to give a copy of an objection to a detention direction to the authorised person who gave the direction and the CAA. Paragraph 15(3)(d) adds new paragraph (e) to subsection (5) of section 20B which requires the Secretary of State to give a copy of the notice of the Secretary of State’s decision to the authorised person who gave the direction and the CAA.
261.Paragraph 16 amends subsection (7) of section 21 (application of provisions to air navigation installations) by inserting references to new sections 14A, 16A and 17A of the ASA 1982 to ensure that references to directions in these sections are construed as including references to directions that may be given in respect of air navigation installations.
262.Paragraph 17 amends subsections (1) and (2) of section 21G (duty to report certain occurrences). The amendments provide that regulations made under that section may require reports of certain occurrences to be made to the Secretary of State or the CAA. They also add the CAA to the list of persons to be consulted by the Secretary of State before making regulations requiring persons to report certain occurrences.
263.Part 3 of the RESA 2008” (civil sanctions) allows for civil sanctions to be applied to the offences in Part 2 of the ASA 1982. Paragraph 18 provides that offences under section 11 of the ASA 1982 (power to require information) as amended by this Schedule are to be treated as if they had been in force immediately before the day on which the RESA 2008” was passed, and are therefore to be capable of being dealt with by way of civil sanctions as provided for by Part 3 of that Act.