Section 13A Power to require other persons to promote searches.F1C1C2
For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who—
occupies any land forming part of an aerodrome in the United Kingdom, or
is permitted to have access to a F2 security restricted area of such an aerodrome for the purposes of the activities of a business carried on by him,
requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.
The searches to which this section applies are—
in relation to a person falling within subsection (1)(a) above, searches—
of the land which he occupies within the aerodrome, and
of persons or property which may at any time be on that land; and
in relation to a person falling within subsection (1)(b)above, searches—
of any land which he occupies outside the aerodrome for the purposes of his business, and
of persons or property which may at any time be on that land.
Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Proceedings for an offence under subsection (3) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.
Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding F4 £100 for each day on which the failure continues.
Annotations
Textual amendments
- F1
S. 13A inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 2
- F2
Words in s. 13A(1)(b) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 9(c)
- F3
S. 13A(3A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 11(6)
- F4
Word in s. 13A(4) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 7(c)
Modifications
- C1
S. 13A extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt.I
S. 13A extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II
- C2
S. 13A : 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)
Notes on Directions
Textual amendments
- F1
S. 12 cross-heading inserted (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 11 para. 9 (with Sch. 10 para. 1217); S.I. 2014/262, art. 3(a)