TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 103

834

c. 36

Aviation Security Act 1982

Aviation Security Act 1982

c. 36

835

Designated airports.

Exercise of police functions at designated airports.

PART III

POLICING OF AIRPORTS

25.-(1) The Secretary of State may by order designate for the purposes of this Part of this Act any aerodrome used for the purposes of civil aviation if he considers that the policing of that aerodrome should, in the interests of the preservation of the peace and the prevention of crime, be undertaken by constables under the direction and control of the chief officer of police for the police area in which the aerodrome is wholly or mainly situated.

(2) Before making an order under subsection (1) above in relation to any aerodrome the Secretary of State shall consult the manager of the aerodrome and the police authority and chiel officer of police for the police arca in question.

(3) The power to make an order under subsection (1) above shall be exercisable by statutory instrument and—

(a) any order containing a statement that it is made with the consent of the manager and the authority mentioned in subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) any order not containing such a statement shall be laid before Parliament in draft and shall not be made unless the draft is approved by resolution of each House of Parliament.

26.—(1) So long as any acrodrome is a designated airport-

(a) any relevant constable shall, when acting in the execu- tion of his duty and, in particular, for the purpose of exercising the powers conferred on such a constable by or under the following provisions of this Part of this Act, be entitled as against the manager of the aerodrome to enter any part of the aerodrome; and (b) no member of any aerodrome constabulary maintained by the manager shall have the powers and privileges or be liable to the duties and responsibilities of a con- stable on the aerodrome or exercise there any power conferred by or under any enactment on members of that constabulary or on constables generally.

(2) Paragraph (a) of subsection (1) above is without prejudice to any right of entry existing apart from that paragraph.

(3) The manager of an aerodrome which is a designated airport shall-

(a) make to the police authority for the relevant police arez such payments in respect of the policing of the acro- drome, and

(b) provide, for use in connection with the policing of the

aerodrome, such accommodation and facilities,

as the manager and that authority may agree or as may, in default of agreement, be determined by the Secretary of State. (4) Where the relevant police area is the metropolitan police district, subsection (3) above shall have effect with the substitu- tion for references to the police authority of references to the receiver for that district.

PART III

27.-(1) Any relevant constable may in any aerodrome which Prevention of

theft at is a designated airport-

designated (a) stop, and without warrant search and arrest, any airport airports.

employee whom he has reasonable grounds to suspect of having in his possession or of conveying in any manner anything stolen or unlawfully obtained on the aerodrome; and

(b) if he has reasonable grounds to suspect that anything stolen or unlawfully obtained on the aerodrome may be found in or on any vehicle carrying an airport employee or in or on any aircraft, stop and without warrant search and detain the vehicle or, as the case may be, board and without warrant search the air- craft.

(2) Auy relevant constable may-

(a) stop any person who is leaving a cargo area in an aero-

drome which is a designated airport and inspect any goods carried by that person;

(b) stop and search any vehicle or aircraft which is leaving any such area and inspect the vehicle or aircraft and

and any goods carried on or in it; (c) detain in the area-

(i) any such goods as aforesaid for which there is not produced a document authorising their remo- val from the area signed by a person authorised in that behalf by the manager of the aerodrome; and (ii) any such vehicle or aircraft as aforesaid so long as there are on or in it goods liable to detention under this paragraph.

(3) Nothing in subsection (2) above shall be construed as conferring a power to search any person.

(4) In any cargo area in an aerodrome which is a designated airport the powers of a constable under subsection (1)(b) above-

(a) extend to any vehicle whether or not it is carrying an

airport employee; and

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