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Section 20 Inspection of aircraft and aerodromes.C1C2

United Kingdom

(1)

For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of the preceding provisions of this Part of this Act, or of ascertaining whether any such direction F1 or any enforcement notice is being or has been complied with, F2an authorised person shall have power, on production (if required) of his credentials, to inspect—

(a)

any aircraft registered or operating in the United Kingdom, at a time when it is in the United Kingdom, or

(b)

any part of any aerodrome in the United Kingdom F3 or

(c)

any land outside an aerodrome which is occupied for the purposes of a business by a person who—

(i)

also occupies (or appears to the authorised person to be about to occupy) land within an aerodrome for the purposes of that business, or

(ii)

is permitted (or appears to the authorised person to be about to be permitted) to have access to a F4 security restricted area of an aerodrome for the purposes of the activities of that business.

(2)

An authorised person inspecting an aircraft F5, any part of an aerodrome or any land outside an aerodrome under subsection (1) above shall have power—

(a)

to subject any property found by him in the aircraft (but not the aircraft itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the aerodrome or any property found by him there F6 or on that land, to such tests, or

F7(aa)

to take such steps—

(i)

to ascertain what practices or procedures are being followed in relation to security, or

(ii)

to test the effectiveness of any practice or procedure relating to security,

(b)

to require the operator of the aircraft, F8 the manager of the aerodrome or the occupier of the land, to furnish to him such information,

as the authorised person may consider necessary for the purpose for which the inspection is carried out.

(3)

Subject to subsection (4) below, an authorised person, for the purpose of exercising any power conferred on him by the preceding provisions of this section in relation to an aircraft F9, in relation to an aerodrome or in relation to any land outside an aerodrome, shall have power—

(a)

for the purpose of inspecting an aircraft, to enter it and to take all such steps as are necessary to detain it, or

(b)

for the purpose of inspecting any part of an aerodrome, to enter any building or works in the aerodrome or enter upon any land in the aerodrome F10 or

(c)

for the purpose of inspecting any land outside an aerodrome, to enter upon the land and to enter any building or works on the land.

F11(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The powers conferred by F12subsection (3) above shall not include power for an authorised person to use force for the purpose of entering any aircraft, building or works or entering upon any land.

F13(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Any person who—

F14(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . F15, without reasonable excuse, fails to comply with a requirement imposed on him under subsection (2)(b) above, or

(c)

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.

F16(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(2)(a)

F2

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(2)(b)

F3

Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(2)(c)

F4

Words in s. 20(1)(c)(ii) substituted (29.4.2010) by The Aviation Security Regulations 2010 (S.I. 2010/902), regs. 1(1), 9(e)

F5

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(3)(a)

F6

Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(3)(b)

F7

S. 20(2)(aa) inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(3)(c)

F8

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(3)(d)

F9

Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(4)(a)

F10

Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , s. 8(1) , Sch. 1 para. 11(4)(b)

F11

S. 20(3A) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12

Words in s. 20(4) substituted (31.12.2020) by The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F13

S. 20(4A) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14

S. 20(5)(a) and the word or repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 8(1) , 53(2) , Sch. 1 para. 11(5) , Sch. 4

F15

Words repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2) , ss. 8(1) , 53(2) , Sch. 1 para. 11(5) , Sch. 4

F16

S. 20(6) omitted (31.12.2020) by virtue of The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/547), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

S. 20 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251 , art. 2(1) , Sch. 1 Pt.I

S. 20 extended (with modifications) (Guernsey) (17.1.1998) by S.I. 1997/2989 , art. 2(1) , Sch. 1 Pt. I , II

C2

S. 20 : 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)