The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010
S.I. 2010/3018 · Made 20 December 2010 · Extends to United Kingdom
Security Industry
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 2001f1.
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 Actf2, she has consulted the Scottish Ministers, the Department of Justice in Northern Ireland, and the Security Industry Authority.
Annotations to the whole text
Footnotes
- f1
-
2001 c.12; there are amendments to section 4 which are not relevant to these Regulations.
- f2
-
Section 24(4) was amended by S.I.2010/976.
Contents
- 1Citation and commencement
- 2Interpretation
- 3Exemption in respect of aviation security services
- 4Prescribed circumstances
- 5Revocation of the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 and other amending Regulations
- Signature
- Explanatory note
1Citation and commencementI1
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.
2InterpretationI1
In these Regulations—
“the 2001 Act” means the Private Security Industry Act 2001;
F1...
3Exemption in respect of aviation security servicesI1
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 Actf1 (conduct prohibited without a licence) if he conducts that licensable conduct in those prescribed circumstances.
4Prescribed circumstancesF1I1
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—
an operator of one or more aircraft registered or operating in the United Kingdom,
a manager of an aerodrome in the United Kingdom,
an occupier of any land forming part of an aerodrome in the United Kingdom,
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
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.
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.
5Revocation of the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 and other amending RegulationsI1
The following are revoked:
the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006f1;
regulation 2 of the Private Security Industry Act 2001 Regulations (Amendment) Regulations 2007f2; and
the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 (Amendment) Regulations 2009f3.
Signature
Lynne Featherstone
Parliamentary Under Secretary of State
Home Office
20th December 2010
Explanatory note
(This note is not part of the Regulations)
These Regulations exempt certain persons from the licensing requirement under section 3 of the Private Security Industry Act 2001 (“the 2001 Act”) on the basis that suitable alternative arrangements are in place which will make it unnecessary for those persons to be so licensed.
Regulation 4 specifies the circumstances in which a person will be exempt. The circumstances are those where a person is provided to implement or be responsible for the implementation of screening, access control or other security controls in a security restricted area, having been recruited and trained in accordance with Commission Regulation (EU) No 185/2010.
Regulation 5 revokes the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006. These Regulations are being revoked because they refer to Directions made under section 14 of the Aviation Security Act 1982 (Directions 11 and 12a) which have now been revoked and replaced by the Single Consolidated Direction (Aviation) 2010 (SCD No. 1/2010). The Single Consolidated Direction sets out the more stringent measures to the common basic standard on civil aviation security applicable to the UK, as permitted by Article 6 of Regulation (EC) No 300/2008.