Commentary Aviation security Section 78: Aviation security directions etc
246.Section 78 amends Part 2 of the ASA 1982 by inserting a number of new sections which confer various aviation security functions on the CAA. Section 78 also gives effect to Schedule 11 (aviation security directions etc: minor and consequential amendments).
247.Subsection (2) inserts new section 14A (review by CAA). The new section places a duty on the CAA to review aviation security directions that are currently in force and to make recommendations to the Secretary of State about those directions and about the giving of further directions. The Secretary of State may specify the form of the recommendations. Aviation security directions will continue to be given by the Secretary of State. The CAA’s role will be, for example, to prepare draft directions for the Secretary of State to consider and to prepare guidance on directions.
248.Subsection (3) inserts new section 16A (directions requiring national security vetting). Aviation security directions specify certain aviation security activities that can only be carried out by individuals who have been vetted. This new section places a duty on the CAA to make arrangements for carrying out that vetting, including arrangements for renewing and withdrawing clearance and arrangements for appeals. This new section enables the Secretary of State to give directions to the CAA in connection with the vetting arrangements, which the CAA must comply with. Subsection (5) of new section 16A confirms that this provision does not remove or limit any other power under which national security vetting is carried out.
249.Subsection (4) of section 78 inserts new section 23A (functions of CAA under this Part). New section 23A(1) places a duty on the CAA to carry out the functions conferred on it by or under Part 2 of the ASA 1982 with a view to achieving the purposes to which that Part applies. Part 2 of the ASA 1982 is broadly concerned with the protection of civil aviation against acts of violence: see section 10 of that Act. New section 23A(2) requires the CAA to consult the Secretary of State if it considers there to be a conflict between its duty under new section 23A(1) and its duty under section 4 of the CAA 1982, which, amongst other things, includes securing a high standard of safety. The CAA must resolve the conflict in the manner directed by the Secretary of State and, in so doing, is to be treated as being in compliance with new section 23A(1) and section 4 of the CAA 1982.
250.Subsection (5) of section 78 amends the definition of “authorised person” in section 24A(1) (interpretation of Part 2) of the ASA 1982 so that it can mean a person authorised in writing by the Secretary of State or the CAA. Authorised persons have the power to inspect aircraft and aerodromes and other connected powers as set out in Part 2 of the ASA 1982. This will mean that such persons will be able to be appointed by the CAA, as well as the Secretary of State.
251.Subsection (6) gives effect to Schedule 11.