Part 4: Aviation, Shipping and Rail Schedule 5: Aviation, Maritime and Rail Security Amendments to the Aviation Security Act 1982: information and directions
158.Paragraph 9 of Part 2 of Schedule 5 provides for amendments to information requirement and direction making powers conferred on the Secretary of State by the Aviation Security Act 1982 (“ASA”).
159.Paragraph 9(2) removes the requirement in section 11 of ASA for the Secretary of State or the Civil Aviation Authority to provide 7 days’ notice when making a request for information for the purposes of aviation security from aircraft operators, aerodrome managers and certain other categories of person involved in the aviation industry.
160.Paragraph 9(3) amends the Secretary of State’s direction making power in section 12 of ASA so as to enable directions to be made to aircraft operators and/or UK aerodrome managers that aircraft may not fly in or into the UK unless specified searches have been carried out.
161.Paragraph 9(4) is an amendment to section 16 of ASA. Section 16 limits the scope of directions under sections 12 to 14. Subsection (5) of section 16 is amended to provide that directions may require things to be done outside the UK only where they relate to a UK-registered aircraft or they impose a requirement that an aircraft may not fly in or into the UK unless certain actions (such as conducting specified searches) have been taken.
162.Paragraph 9(5) amends section 24 of ASA in order to give the Secretary of State the power to make further regulation in relation to electronic service of directions or information requests made under the ASA.
163.Paragraph 9(6) amends the definition of “registered or operating in the United Kingdom” in section 38 of ASA so as to include an aircraft which is assigned to a flight which will fly in UK airspace.
164.Paragraph 10 makes repeals consequential upon the amendments made to section 11 of ASA by paragraph 9(2).