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The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 15 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/547
Year2019
  • These Regulations may be cited as the Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
    • (1) The Aviation Security Act 1982 omit subsections (3A) , (4A) and (6) ; andin subsection (4) for “subsections (3) and (3A) ” substitute “ subsection (3) ”.(3) In section 21E omit subsection (4) .
  • Regulation
  • In the title omit “common”.
  • in the first subparagraph, omit “common”;
  • in the second subparagraph, for “a common” substitute
  • in paragraph 2(a) omit “common”.
  • in paragraph 1(a) for “territory of a Member State” substitute
  • omit paragraph 2.
  • omit paragraphs 5 and 28;
  • in paragraph 27 omit “common”.
    • (1) Article 4 (basic standards) is amended as follows.(2) In the heading, omit “Common”.in the first subparagraph omit “common”;for the second subparagraph substitute—
      Additional basic standards not foreseen at the entry into force of this Regulation may be added to the Annex by regulations made by the Secretary of State.
    .    for the first subparagraph substitute—
      (2) General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.
    ;    General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.in point (l) omit “common”;omit the final subparagraph.for the first subparagraph substitute—
      (3) Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.
    .    Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.in point (e) , for a “third” substitute “ another ”.for the first subparagraph substitute—
      (4) The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.
    ;    The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.omit the second and third subparagraphs.for “Member States” in the first sentence substitute “ The appropriate authority ”;for “their territory” substitute “ the United Kingdom ”;omit “common”;for “a Member State” in the second sentence substitute “ the appropriate authority ”.
  • for “Subject to the relevant rules of Community law, each Member State” substitute
  • for “and in conformity with Community Law, Member States” substitute
    • (1) Article 6 (more stringent measures) is amended as follows.(2) In the heading, omit “applied by Member States”.for “Member States” substitute “ The Secretary of State ”;omit “common”;for “they” substitute “ the Secretary of State ”;omit “and in compliance with Community law”.(4) Omit paragraphs 2 and 3.
  • Omit Articles 7 and 8.
  • for “Where, within a single Member State, two or more bodies are involved in civil aviation security, that Member State shall designate a single” substitute
  • omit “common”.
  • in the first subparagraph, for “Every Member State” substitute
  • in the second subparagraph, omit “common”.
    • (1) Article 11 (national quality control programme) is amended as follows.in the first subparagraph, for “Every Member State” substitute “ The appropriate authority ”;in the second subparagraph, for “Member State” substitute “ appropriate authority ”.for the first subparagraph, substitute—
      The specifications for the national quality control programme may be prescribed by regulations made by the Secretary of State.
    ;    omit the second subparagraph;in the third subparagraph, for “territory of the Member State concerned” substitute “ United Kingdom ”.
  • In Article 12 (airport security programme) , in paragraph 1, in the second subparagraph omit “of the Member State in which the airport is located”.
    • (1) Article 13 (air carrier security programme) is amended as follows.(2) In paragraph 1, in the second subparagraph omit “of the Member State from which it provides services”.for the first sentence, substitute—
      Where an air carrier security programme has been validated by the entity granting an operating licence, the air carrier should be recognised as having fulfilled the requirements of paragraph 1.
    .    in the second sentence, for “a Member State's” substitute “the Secretary of State's”;in point (a) for “that Member State” substitute “ the Secretary of State ”.

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