Draft legislation accessible version
Published 20 July 2022
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1 CEMA 1979: approval of aerodromes
(1) CEMA 1979 is amended as follows.
(2) After section 20(A) insertā
ā20B Approval of aerodromes
(1) The Commissioners may approve an aerodrome for the purposes of the customs and excise Acts.
(2) In any case where they consider it would facilitate the administration, collection or enforcement of any duty of customs, the Commissioners may by regulationsā
(a) specify conditions which must be met before an approval is granted, or
(b) specify other conditions which they may, in any particular case, require to be met before an approval is granted.
(3) In any other case, an approval has effect subject to such conditions and restrictions as the Commissioners think fit.
(4) The Commissioners may at any time for reasonable cause revoke or vary the terms of an approval.
(5) This section does not apply in relation to an aerodrome which is a customs and excise airport.ā.
(3) Section 21 (control of movement of aircraft, etc into and out of the United Kingdom) is amended in accordance with subsections (4) to (7).
(4) In each of subsections (1), (2), (3)(a) and (b) and (4), for ācustoms and excise airportā, in each place it occurs, substitute āregulated aerodromeā.
(5) After subsection (5) insertā
ā(5A) A person in control of an unregulated aerodrome must take reasonable steps to secure that no aircraft lands at, or departs from, the aerodrome in circumstances in which there would be a contravention of any of subsections (1) to (3).ā.
(6) In subsection (6), for āthis sectionā substitute āsubsections (1) to (4)ā.
(7) After subsection (6) insertā
ā(6A) For the purposes of this Act each of the following is a āregulated aerodromeāā
(a) a customs and excise airport, and
(b) an aerodrome approved under section 20B, (and any other aerodrome is an āunregulated aerodromeā).ā.
(8) In section 22 (approval of examination stations at customs and excise airports)ā
(a) in the heading, for ācustoms and excise airportsā substitute āregulated aerodromesā;
(b) in subsection (1), for ācustoms and excise airportā substitute āregulated aerodromeā.
(9) In section 22A (examination stations), in each of subsections (1)(a), (1A) and (2), for ācustoms and excise airportā substitute āregulated aerodromeā.
(10) This section comes into force on 1 April 2023.
2 Approved aerodromes: minor and consequential amendments
(1) CEMA 1979 is amended in accordance with subsections (2) to (4).
(2) In section 1 (interpretation), in subsection (1), insert at the appropriate placeā
āāregulated aerodromeā has the meaning given by section 21(6A);ā.
(3) In each of the following provisions, for ācustoms and excise airportā substitute āregulated aerodromeāā
(a) in section 5 (time of importation, exportation, etc), subsection (5);
(b) in section 23 (control of movement of hovercraft), subsection (1)(a);
(c) in section 30 (control of movement of uncleared goods within or between port or airport and other places), subsection (1)(a) and (b);
(d) in section 34 (power to prevent flight of aircraft or departure of railway vehicles), subsection (1)(a) and (b);
(e) in section 42 (power to regulate unloading, removal, etc of imported goods), subsection (1)(a);
(f) in section 164 (power to search persons), subsection (4)(d).
(4) In section 172 (regulations), in subsection (3), after ā20,ā insert ā20B,ā.
(5) In Schedule 5 to FA 1994 (decisions subject to review and appeal), in paragraph 2(1)ā
(a) in paragraph (a)ā
(i) for āsection 20, 22 or 25 (approved wharf, examination station or temporary storage facility)ā substitute āsection 20, 20B, 22 or 25 (approved wharf, approved aerodrome, examination station or temporary storage facility)ā;
(ii) after āsubsection (1A)(a) of section 20, 22 or 25ā insert ā, or subsection (2)(a) of section 20B,ā;
(iii) for āsubsection (1A)(b) of that sectionā substitute āsubsection (1A)(b) of section 20, 22 or 25 or subsection (2)(b) of section 20Bā;
(b) after paragraph (a) insertā
ā(aa) any decision as to whether or not approval of an aerodrome under section 20B is to be given or withdrawn, or as to the conditions or restrictions under section 20B(3) subject to which any such approval is given;ā.
(6) In section 26 of FA 2003 (penalty for contravention of a relevant rule), in subsection (5A), after āsection 20(1A),ā insert ā20B(2),ā.
(7) In section 18 of the Customs and Excise Duties (General Reliefs) Act 1979 (interpretation), in the list of expressions in subsection (2), omitā āācustoms and excise airportāā.
(8) This section comes into force on 1 April 2023.