Aviation Security (Air Cargo Agents) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/1073 |
| Year | 1993 |
1993 No.1073
CIVIL AVIATION
The Aviation Security (Air Cargo Agents) Regulations 1993
Made 13th April 1993
Laid before Parliament 22th April 1993
Coming into force 1st September 1993
The Secretary of State, in exercise of powers conferred on him by section 21F of the Aviation Security Act 19821and of all other powers enabling him in that behalf, after consulting organisations appearing to him to represent persons affected by the regulations, hereby makes the following regulations:—
Citation and commencement
1. These Regulations may be cited as the Aviation Security (Air Cargo Agents) Regulations 1993 and shall come into force on 1st September 1993.
Interpretation and service of documents
2.—(1) In these Regulations unless the context otherwise requires—
“the 1982 Act”means the Aviation Security Act 1982;
“the 1990 Act”means the Aviation and Maritime Security Act 19902;
“applicant”means an air cargo agent who applies for inclusion on the list of security approved air cargo agents;
“cargo”includes mail, courier and express items, and stores other than goods intended for sale or use on the aircraft on which they are carried;
“list of security approved air cargo agents”means the list referred to in regulation 3 below;
“prohibited article”means any of the articles referred to in section 4(2)(b) of the 1982 Act or an incendiary device, which in either case is being carried without lawful authority or reasonable excuse;
“registrar of companies”means the registrar or other officer performing under the Companies Act 19853the duty of registration of companies in England and Wales or in Scotland, or the registrar of companies appointed under Article 653 of the Companies (Northern Ireland) Order 19864, as the case may require;
“relevant air cargo business”means the business referred to in regulation 4 below, and “relevant air cargo”shall be construed accordingly;
“security approved air cargo agent”means an air cargo agent whose name is included on the list referred to in regulation 3 below.
(2) Any notice authorised or required by these Regulations to be given to any person shall be in writing, and section 24 of the 1982 Act shall apply to such a notice as it applies to any notice authorised or required by any provision of Part II of the 9182 Act to be served on or given to any person; and the date of such notice shall be the date it is made, and not the date of receipt.
List of security approved air cargo agents
3. The Secretary of State may maintain a list of air cargo agents who are approved by him for purposes related to aviation security, which shall be called “the list of security approved air cargo agents”.
Air cargo agents who may apply for listing
4. An air cargo agent may only apply for inclusion on the list of security approved air cargo agents if he carries on the business of:
(a) handling cargo intended for carriage by civil aircraft; and
(b) delivering, whether by himself or by a person acting on his behalf, such cargo to an aircraft operator for carriage by such aircraft:
(i) from any aerodrome in Great Britain to a destination outside Great Britain, or
(ii) from any aerodrome in Northern Ireland.
Application for listing as a security approved air cargo agent
5.—(1) Subject to regulation 4, an air cargo agent may make application to the Secretary of State to be included on the list of security approved air cargo agents, and such application shall include the following information relating to the applicant:
(a)
(a) where the applicant is a body required by law to be registered by the registrar of companies, the name, registered number and registered office of that body;
(b)
(b) where the applicant is an association or partnership which is not required by law to be so registered, the full name of each member of the association or each partner in the partnership, and the name of the association or partnership, as the case may be;
(c)
(c) where the applicant is a sole proprietor, the full name of that proprietor;
together with the additional information specified in paragraph (2) below.
(2) The additional information referred to in paragraph (1) above is:
(a)
(a) the applicant’s trading name, if different from the name given under paragraph (1) above of this regulation;
(b)
(b) the applicant’s VAT registration number, if any;
(c)
(c) the telephone number, facsimile number if any, and address of the principal office, and of all premises where relevant air cargo is handled by the applicant;
(d)
(d) where the applicant is not a sole proprietor, the name, telephone number, facsimile number if any, and address within the United Kingdom of an individual who will accept on behalf of the applicant any written or verbal communication (including any document mentioned in section 24(1) of the 1982 Act) from the Secretary of State relating to relevant air cargo business;
(e)
(e) the number of staff engaged by the applicant in the handling of relevant air cargo;
(f)
(f) the number of staff engaged by the applicant in security duties;
(g)
(g) details of any criminal convictions under the 1982 Act or the 1990 Act of:
(i) the applicant;
(ii) any staff employed by the applicant in the handling of cargo intended for carriage by aircraft;
(iii) where the applicant is a body corporate, any director or secretary of that body; and
(iv) where the applicant is an unincorporated association or partnership, any member of that association or partner in that partnership.
Requirements for inclusion on the list of security approved air cargo agents
6. The Secretary of State may include an applicant on the list of security approved air cargo agents only if he is satisfied as to each of the following matters:
(a) that the applicant has delivered to him a description of the applicant’s current security procedures and measures in relation to air cargo, and...
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