Statutory Instruments
2010 No. 3018
Security Industry
The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010
Made
20th December 2010
Laid before Parliament
22nd December 2010
Coming into force
14th January 2011
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4 of the Private Security Industry Act 2001(1).
In accordance with section 4(1) of that Act, it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements will apply; and she is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under that Act.
In accordance with section 24(4) of that Act(2), she has consulted the Scottish Ministers, the Department of Justice in Northern Ireland, and the Security Industry Authority.
Citation and commencementI1
1. These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 and shall come into force on 14th January 2011.
InterpretationI2
2. In these Regulations—
“the 2001 Act” means the Private Security Industry Act 2001 ;
F1...
Exemption in respect of aviation security servicesI3
3. A person who engages in licensable conduct in the circumstances prescribed in regulation 4 shall not be guilty of an offence under section 3 of the 2001 Act(3) (conduct prohibited without a licence) if he conducts that licensable conduct in those prescribed circumstances.
Prescribed circumstancesI4
[F2 4.—(1) The circumstances prescribed for the purposes of this regulation are those where a person is provided to implement or be responsible for the implementation of screening, access control or other security controls on behalf of—
(a)an operator of one or more aircraft registered or operating in the United Kingdom,
(b)a manager of an aerodrome in the United Kingdom,
(c)an occupier of any land forming part of an aerodrome in the United Kingdom,
(d)a person who is permitted, within the meaning of section 24A(2) of the Aviation Security Act 1982, to have access to a security restricted area of such an aerodrome for the purposes of the activities of a business carried on by them, or
(e)an air cargo agent,
for purposes to which Part 2 of the Aviation Security Act 1982 (protection of aircraft, aerodromes and air navigation installations against acts of violence) applies.
(2) In this regulation—
“ access control ” means the application of means by which the entry of unauthorised persons or unauthorised vehicles, or both, may be prevented;
“ air cargo agent ” has the meaning given in section 21F of the Aviation Security Act 1982 ;
“ prohibited articles ” means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises the security of civil aviation within the meaning of section 10(4) of the Aviation Security Act 1982 ;
“ screening ” means the application of technical or other means which are intended to identify or detect prohibited articles;
“ security control ” means the application of means by which the introduction of prohibited articles may be prevented; and
“ security restricted area ” has the meaning given in section 24A of the Aviation Security Act 1982 . F2]
Revocation of the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 and other amending RegulationsI5
5. The following are revoked:
(a)the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006(4);
(b)regulation 2 of the Private Security Industry Act 2001 Regulations (Amendment) Regulations 2007(5); and
(c)the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 (Amendment) Regulations 2009(6).
Lynne Featherstone
Parliamentary Under Secretary of State
Home Office
20th December 2010
2001 c.12; there are amendments to section 4 which are not relevant to these Regulations.
Section 24(4) was amended by S.I.2010/976.
There are amendments to section 4 which are not relevant to these Regulations.