TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 19

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PART II

Limitations

on scope of

directions under ss. 9 to 11.

c. 47

Protection of Aircraft Act 1973

(2) A direction under subsection (2) of section 9 of this Act may specify the qualifications, required to be had by persons carrying out any modifications or alterations, or the installation of any additional apparatus or equipment, to which the direction relates.

(3) Before specifying any qualifications in accordance with subsection (2) of this section, the Secretary of State shall inform the Civil Aviation Authority of the qualifications proposed to be specified, and shall take account of any advice given to him by that Authority with respect to those proposals.

(4) A direction under section 11 of this Act may specify---

(a) the minimum number of persons to be employed for the purposes of any measures required by the direction to be taken by an operator of aircraft or by the manager of an aerodrome, and the qualifications which persons employed for those purposes are to have, and

(b) any apparatus, equipment or other aids to be used for

those purposes.

(5) In so far as a direction under any of the preceding provi sions of this Part of this Act requires searches to be carried out, or other measures to be taken, by constables, the direction may require the person to whom it is given to use his best endeavours to secure that constables will be duly authorised to carry, and will carry, firearms when carrying out the searches or taking the measures in question.

(6) Nothing in subsections (1) to (5) of this section shall be construed as limiting the generality of any of the preceding provisions of this Part of this Act.

(7) in this section "qualifications" includes training and experience.

13.-(1) Without prejudice to subsection (5) of section 12 of this Act, a direction shall not require or authorise any person to carry a firearm.

(2) A direction shall not have effect in relation to any aircraft used in military, customs or police service.

(3) A direction shall not have effect in relation to any aircraft of which the operator is the Government of a country outside the United Kingdom, or is a department or agency of such a Government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that Government, department or agency for such use.

Protection of Aircraft Act 1973

c. 47

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(4) A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorising the operator of any aircraft, or the manager of any aerodrome, or any person acting as the servant or agent of such an operator or manager, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the cir- cumstances (whether at the instance of such an operator or manager or otherwise) by a constable, or its use by any other person in the exercise of a power conferred by the following provisions of this Act.

(5) In so far as a direction requires anything to be done or not done at a place outside the United Kingdom-

(a) it shall not have effect except in relation to aircraft

registered in the United Kingdom, and

(b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of

contract.

(6) In so far as a direction given to the manager of an aerodrome requires any building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the manager of the aerodrome any rights as against a person having—

(a) an interest in that land, or

(b) a right to occupy that land. or

(c) a right restrictive of its use;

and accordingly the direction shall not be construed as requiring the manager of the aerodrome to do anything which would be actionable at the suit or instance of such a person in his capacity as a person having that interest or right.

(7) Nothing in this section shall be construed as derogating from any exemption or immunity of the Crown in relation to the provisions of this Part of this Act.

(8) In this section "direction

"

ineans a direction under section 9, section 10 or section 11 of this Act.

PART II

to certain

14. (1) This section applies to any direction given under Special section 11 of this Act which-

provisions as (a) requires a person to take measures consisting of or directions

including the construction, execution, alteration, under s. 11. demolition or removal of a building or other works,

and

Part 11

11 2