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In this subpart:

140.1 Applicability

This Part prescribes rules governing the provision of aviation security services at a Tier 1 security designated aerodrome or security designated navigation installation.

140.3 Definitions

In this Part—

Authorised aviation service security provider has the meaning given in section 5 of the Act:

Aviation security officer has the meaning given in section 5 of the Act:

High risk flight means a flight that is assessed to be affected by a higher than normal threat factor by the—

(1) Director; or

(2) aircraft operator; or

(3) State of registration of the aircraft:

In service has the same meaning as in section 2(3) of the Aviation Crimes Act 1972:

Screening point means that area provided by the aerodrome operator under rule 139.203(d)(4) or (5):

Searching means searching carried out under Part 5 of the Act, and ‘search’ and ‘searched’ have similar meanings:

Security enhanced area screening point means an area provided by an aerodrome operator under rule 139.203(d)(4A) for carrying out searching under section 141(1)(a)(v) in relation to a security enhanced area or under section 141(1)(a)(vi) at a point in a security enhanced area:

Security management means the aviation security officer in charge at each location specified under rule 140.61(a)(5) and includes that officer’s deputy and any other officer delegated any responsibility by that officer:

Sterile area has the meaning given in section 133 of the Act:

Unauthorised article means those articles referred to in section 11(1) of the Aviation Crimes Act 1972.

140.5 Requirement for certificate

(a) No person may provide aviation security services at a security designated aerodrome or security designated navigation installation except under the authority of, and in accordance with the provisions of, an aviation security service certificate issued under this Part.

(b) This rule does not apply to AvSec (see section 136 of the Act).

140.7 Application for certificate

An applicant for an aviation security service certificate must complete the approved CAA form and submit it to the Director with—

(1) the exposition required by rule 140.61(a); and

(2) payment of the appropriate application fee.

140.9 Issue of certificate

The Director must issue an aviation security service certificate if—

(1) the applicant’s senior persons required by rule 140.51 are fit and proper persons; and

(2) the Director is satisfied that issuing the certificate would be consistent with section 134 of the Act; and

(3) the applicant’s exposition meets the requirements of Subpart B; and

(4) the granting of the certificate is not contrary to the interests of aviation safety and security or inconsistent with a notice given by the Minister under s137 of the Act.

140.11 Functions and duties of certificate holders

A certificate holder has such of the functions and duties in section 138(1) of the Act as are specified in its certificate and exposition (see section 136(2)), and subject to any qualifications in the exposition or certificate.

140.13 Duration of certificate

(a) An aviation security service certificate may be granted or renewed for a period of up to five years.

(b) An aviation security service certificate remains in force until it expires or is suspended or revoked.

(c) The holder of an aviation security service certificate that expires or is revoked must as soon as possible surrender that certificate to the Director.

(d) The holder of an aviation security service certificate that is suspended must as soon as possible produce that certificate to the Director for appropriate endorsement.

140.15 Renewal of certificate

(a) If the holder of an aviation security service certificate wishes to apply for renewal of their certificate, they must use the approved CAA form.

(b) The application for the renewal must be made before the application renewal date specified on the certificate or, if no such renewal date is specified, not less than 30-days before the certificate expires.

 

Subpart B