No.       of  2021.                  Civil Aviation (Amendment)                      Saint Christopher  

                       (No. 2) Bill, 2021                  and Nevis.     

                                    SAINT CHRISTOPHER AND NEVIS

­­­­­­­­­­­­­­­                                                            

No.         of  2021

            A BILL to amend the Civil Aviation Act, Cap. 8.03.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of theNational Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:

1.        Short title.

This Act may be cited as the Civil Aviation (Amendment) (No. 2) Act, 2021.

Interpretation.

In this Act, unless the context otherwise requires,

“Act” means the Civil Aviation Act, Cap. 8.03.

Amendment of section 2.

The Act is amended in section 2 by 

replacing the definition of the expression “Appropriate Authority for Aviation Security” with the following 

“ “Appropriate Authority for Aviation Security and Facilitation” is the Minister who is the authority with responsibility for the development, implementation and maintenance of the national civil aviation security programme and the National Air Transport Facilitation Programme pursuant to the provisions of Regulations made under the Act;”.

replacing the definition of the expression “Civil Aviation Division” with the following

“ “Civil Aviation Division” refers to the single division which is identified by the National Appropriate Authority for Aviation Security and Facilitation within St. Christopher and Nevis and the division shall be responsible for the day to day functions of the National Appropriate Authority for Aviation Security and Facilitation;”.

by inserting the following new definition in the correct alphabetical order 

“ “Facilitation” means a combination of measures and human and material resources intended to improve and optimize aircraft, crew, passenger, cargo, baggage, mail and stores flows through airports while ensuring compliance with relevant international and national legislation;”.

Amendment of section 4.

The Act is amended in section 4 by 

renumbering it as subsection (1);replacing paragraph (g) as follows “(g) cooperate with officers of the Government on all matters relating to customs, immigration, aviation security, defence, facilitation or any other matters as appropriate;”; and  inserting the following new subsection (2) as follows    

                             “(2) The Minister is the designated authority and is the overall                  coordinator of the National Air Transport Facilitation Programme.”. 

Amendment of section 4A.

The Act is amended in section 4A by replacing it as follows

“ 4A. Responsibilities of Appropriate Authority for Aviation Security and Facilitation.

The Appropriate Authority for Aviation Security and Facilitation shall be responsible for

establishing and properly staffing of a security organization;developing laws, regulations, programmes, policies and procedures and ensure that these requirements are effective, are being implemented, and are sustainable;developing aviation security and facilitation policies and requirements consistent with the provisions of Annex 17 and provisions of Annex 9 of the International Civil Aviation Organization Standards and Recommended Practices;issuing decrees, orders, circulars or directives to require the implementation of immediate security measures;providing oversight for the implementation of aviation security and facilitation policies and requirements;authorizing inspections, surveys, audits and tests by the appropriate authority to determine compliance with relevant legislation and to monitor the effectiveness of the National Civil Aviation Security Programme and a National Air Transport Facilitation Programme through quality control functions;compelling compliance with national aviation security and facilitation policies and requirements, if any deficiencies are identified; andestablishing and enforcing aviation security rules, regulations and procedures including, for example, the designation of security restricted areas and the authority to screen or search passengers and baggage.”.Amendment of section 10.

The Act is amended in section 10 subsection (3) by replacing paragraph (a) as follows

            “(a) in the interests of national security, safety and facilitation; and”.

Amendment of Part V of the Act.

The Act is amended in Part V by

      replacing the title with the following new title 

“PART V 

                                    SECURITY AND FACILITATION”.

      Inserting a new section 23A as follows

            “23A. Facilitation

            This part also applies to “facilitation” which means a combination of    measures and          human and material resources intended to improve and     optimize aircraft, crew, passenger, cargo, baggage, mail and stores flows     through airports while             ensuring compliance with relevant international and       national legislation.”.

      Inserting a new section 24A as follows               “24A. Facilitation programmes         For the proper administration of facilitation matters relating to civil                aviation, the following classified facilitation programmes shall be                           applied:(a)   the National Air Transport Facilitation Programme;(b)   the Robert Llewllyn Bradshaw International Airport      Facilitation Programme; and(c)      the Vance Amory International Airport Facilitation Programme.”.Amendment of section 27A.

The Act is amended in section 27A subsection (1) by replacing it as follows

“ 27A. Powers of Aviation Security Inspectors.

An aviation security inspector may carry out quality control activities, such as periodic and random inspections, audits and testing of the effectiveness of security and facilitation measures and procedures and they mayinspect any part of any airport or any land or area outside the airport used by businesses that operate at the airport, or that is in any security restricted Areas;inspect any aircraft registered or operating in Saint Christopher and Nevis for the purpose of evaluating any security procedure;inspect and test the effectiveness of security measures and procedures and performance of security equipment;take into an airport, airside area or any designated security restricted area, and use any equipment necessary to carry out their duties, including radios, cameras, recording devices both audio and video and specially authorized restricted or prohibited articles, such as replica weapons or simulated explosive devices;issue notices of deficiencies or recommendations, as appropriate;enforce corrective actions, including immediate rectification of any deficiencies or apply enforcement measures;enforce all relevant national aviation security and facilitation requirements;enter any land, facility or building at any airport, or land outside an airport occupied for business purposes connected with an airport or aircraft operator, for the purpose of conducting quality control activities;enter any aircraft registered or operating in Saint Christopher and Nevis, for the purpose of inspecting any security procedure;require an aircraft operator, airport manager or occupier of land outside the airport used for business purposes connected with the airport to provide information relevant to any audit, inspection, survey, test or investigation;obtain access to relevant security documentation and records; andinterview any person for the purpose of assessing the standard of security or the implementation of security procedures.”.Amendment of section 50.

The Act is amended in section 50 by 

replacing subsection (2) paragraph (m), as follows

            “(m)     concerning aviation safety, security, and facilitation for the purpose                                    of safeguarding civil aviation operations against acts of unlawful                                              interference where such operations are connected to the safety and security                      of passengers, crew, ground personnel and the general public, including                           the use and operation of any item and equipment likely to be hazardous to                                 aviation safety;”.

inserting a new paragraph (aa) immediately after paragraph (z) in subsection (2), as follows

            “50. (2) (aa)   prescribing the matters in respect of establishment of the National                                       Civil Aviation Security Programme, National Air Transport                                              Facilitation Programme, National Air Transport Security and                                      Facilitation Committees and the Airport Security Facilitation                                       Committee.”.

……………………………..

MICHAEL PERKINS

                                                                                                          Speaker

Passed by the National Assembly this                day of                             , 2021.

                                                                                    ………………………………….

                                                                                    SONIA BODDIE-THOMPSON

                                                                                   Clerk of the National Assembly

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