Territorial Extent and Application Part 7 – Aviation Security Section 80 Policing at airports and Schedule 6 Amendment of Part 3 of the Aviation Security Act 1982
464.Part 3 of the ASA presently deals with the policing of aerodromes that have been designated for policing purposes. The amendments made by the Act make provision relating to the policing of all aerodromes to which the new Part 2A applies (other than those which have been excepted by order). An explanation of the aerodromes to which the new Part 2A applies is given at paragraphs 386 to 389 These notes provide a general overview of Part 3 as amended and then consider the individual amendments in more detail.
465.The number of UK aerodromes meeting these criteria will vary in accordance with day to day operations, but presently around 60 UK aerodromes would meet these qualifying criteria. Of these, nine are designated for policing purposes.
466.Under the existing terms of sections 25B(1) and (2) of the ASA, the effect of designating a UK aerodrome in accordance with section 25(1) of the ASA is that the manager of the aerodrome, the relevant police authority and the chief officer of police for the relevant area are required to enter into a police services agreement (“a PSA”). A PSA is an agreement which must stipulate:
	the level of policing to be provided for the aerodrome;
	the payments to be made by the manager of the aerodrome in connection with that policing and, if such payments are to be made, their amount, or the manner in which they are to be assessed;
	the accommodation and facilities (if any) that are to be provided by the manager in connection with that policing.
467.The ASA presently provides that, if the persons responsible for the development of a PSA are unable to reach agreement in relation to its terms, construction or operation the matter may be referred to an independent tribunal, which may make a determination on the matter.
468.The proposed amendments to Part 3 of the ASA will essentially remove the current system of designation. This system of designation will be replaced with a requirement that all qualifying aerodromes having an ASP which specifies that policing measures are required at the aerodrome must develop a PSA. This requirement is contained at section 25B(1) of the ASA, as amended by the Act. It will continue to be the case that PSAs must specify the level of policing to be provided, must specify the amount of any payments to be made by the aerodrome manager, or the manner in which their amount is to be assessed, and the accommodation and facilities (if any) that are to be provided by the manager in connection with that policing.
469.The manager of the aerodrome, the police authority for the relevant area, and the chief officer of police for that area will continue to be the persons responsible for the development of PSAs in respect of the relevant aerodromes. In the event that they are unable to agree on the terms of the PSA, the matter may be referred to the Secretary of State to provide a determination on the terms of the PSA (sections 29A to 29E). Aerodrome managers will not be required to pay for all police services provided at an aerodrome. Section 25E(2)(c) provides that the persons determining the terms of a PSA must have due regard to the extent, if any, to which the costs incurred by the police authority in connection with the policing provided for the aerodrome are, or are likely to be, met by any person other than the manager of the aerodrome.
470.The nine aerodromes presently designated for policing purposes currently pay approximately £80m per annum in respect of policing services provided at these aerodromes. In the main, these nine aerodromes are some of the larger aerodromes in the UK, and all at present require a dedicated police presence. A dedicated police presence is not necessarily required at all UK aerodromes, and where such a presence is required, it is expected that the level of policing services provided at presently non-designated aerodromes will, on average, be lower than the average level of policing services provided at designated aerodromes. It may also be the case that following introduction of the Risk Assessment and Aerodrome Security Planning processes (described at paragraphs 380 – 383 of these notes), security stakeholders at aerodromes presently designated for the purposes of policing may find their analysis suggesting that the levels of policing services provided at the aerodrome should be varied. Further information relating to costs is contained in the Department for Transport’s Impact Assessment which is available on the Departmental website.
471.Section 80 gives effect to provisions contained within Schedule 6. These amend provisions in Part 3 of the ASA.