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Section 11 Power for Secretary of State to require information.C1C2

F1(1)

F2 A relevant authority may, by notice in writing served on any person who—

(a)

is the operator of one or more aircraft registered or operating in the United Kingdom,

(b)

is the manager of an aerodrome in the United Kingdom,

(c)

occupies any land forming part of an aerodrome in the United Kingdom, or

(d)

is permitted to have access to a F3 security restricted area of an aerodrome for the purposes of the activities of a business carried on by him,

require that person to provide F4 the authority with such information specified in the notice as the authority may require in connection with the exercise by the authority of F5 functions conferred by or under this Part of this Act.

F6(1A)

Each of the following is a relevant authority for the purposes of this section—

(a)

the Secretary of State, and

(b)

the CAA.

(2)

A notice under subsection (1) above shall specify F7 a period before the end of which the information required by the notice in accordance with subsection (1) above is to be furnished to the F8 relevant authority .

(3)

Any such notice F9may also require the person on whom it is served, after he has furnished to the relevant authority the information required by the notice in accordance with subsection (1) above, to inform the relevant authority if at any time F10 the information previously furnished to the relevant authority (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken).

(4)

In so far as such a notice requires further information to be furnished to the relevant authority in accordance with subsection (3) above, it shall require that information to be furnished to F11 the authority before the end of such period F12... as is specified in the notice for the purposes of this subsection.

(5)

Any person who—

(a)

. . . F13, without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, or

(b)

in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable—

(i)

on summary conviction, to a fine not exceeding the statutory maximum;

(ii)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

F14(5A)

Proceedings for an offence under subsection (5) above may not be instituted against a person who has paid a penalty in respect of the same failure, or the same false statement, by virtue of regulations made under section 22A.

(6)

A notice served on a person F15 by a relevant authority under subsection (1) above may at any F16time—

(a)

be revoked by a notice in writing served on him by the F17 relevant authority , or

(b)

be varied F18 by the relevant authority by a further notice under subsection (1) above.

Annotations

Textual amendments

F1

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8 , Sch. 1 para. 2(2)

F2

Words in s. 11(1) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(2)(a) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F3

Words in s. 11(1)(d) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 9(a)

F4

Words in s. 11(1) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(2)(b) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F5

Words in s. 11(1) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(2)(c) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F6

S. 11(1A) inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(3) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F7

Words in s. 11(2) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 9(2)(a)

F8

Words in s. 11(2)-(4) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(4) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F9

Word substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8 , Sch. 1 para. 2(4)(a)

F10

Words substituted for paragraphs (a) and (b) by Aviation and Maritime Security Act 1990 (c. 31, SIF 39) , s. 8 , Sch. 1 para. 2(4)(b)

F11

Words in s. 11(4) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(5) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F12

Words in s. 11(4) omitted (12.2.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 9(2)(b)

F13

Words repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 8 , 53(2) , Sch. 1 para. 2(6) , Sch. 4

F14

S. 11(5A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 11(3)

F15

Words in s. 11(6) inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(6)(a) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F16

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8 , Sch. 1 para. 2(7)

F17

Words in s. 11(6) substituted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(4) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

F18

Words in s. 11(6) inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 6(6)(b) (with Sch. 10 paras. 12, 17); S.I. 2014/262, art. 3(a)

Modifications

C1

S. 11 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt.I

S. 11 extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II

C2

S. 11 : Pt. II (ss. 10-24A) applied (with modifications) (1.9.1993) by S.I. 1993/1073 , reg. 11(1)

Notes on the whole Act

Textual amendments

F1

Ss. 29A-29D inserted (21.11.2005 retrospectively for specified purposes) by Civil Aviation Act 2006 (c. 34), s. 14(2), Sch. 1 paras. 4, 6

Notes on Part II

Modifications

C1

Pt. 2 power to apply (with modifications) conferred (in part) (26.11.2018) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 5 para. 2(2)(a) (with Sch. 5 para. 4(1)); S.I. 2018/1224, reg. 2(ddd)

C2

Pt. 2 applied (with modifications) (1.9.1993) by S.I. 1993/1073, reg. 11 (as amended (21.7.2023) by The Aviation Security (Air Cargo Agents) (Amendment) Regulations 2023 (S.I. 2023/727), regs. 1(2), 2)

C3

Pt. 2 applied (with modifications) (6.12.2000) by S.I. 2000/3059, art. 3(1), Schs. 2, 3 (as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4)

C4

Pt. 2 applied in part (with modifications) (21.3.2024) by The Aviation Security (Air Cargo Agents) Regulations 2024 (S.I. 2024/228), regs. 1(2), 10 (with reg. 12)