Report Summary
This report provides members of the Policing Performance Committee with an overview of Aviation Safety & Security Unit Update.
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Meeting
The publication discussed was referenced in the meeting below
Policing Performance Committee - 11 October 2022
Date : 11 October 2022
Location : online
Legal Implications
Police Scotland has a legislative duty to provide a proportionate policing response to incidents which occur within the airspace above its land jurisdiction. In general this legal framework provides that police, while not always the lead agency, have a role to play in enforcement, prevention and public safety aspects of airspace management. This includes General Aviation (crewed), Unmanned Aerial Vehicles (commonly referred to as UAVs or Drones), air accident investigations, airspace restrictions, event planning and legislation enforcement.
The primary legislation for dealing with aviation incidents out with the airport environment are:
Air Traffic Management and Unmanned Aircraft Act 2021.
Air Navigation Orders 2016.
Railways and Transport Safety Act 2003 – Part 5 (Aviation Alcohol & drugs).
These Acts provide police officers with fairly wide-ranging powers. These include the power to require a pilot to ground an unmanned aircraft, to search persons and vehicles, to enter and search premises under warrant and a power of seizure. It is important to stress that while these powers are available, the use of these powers and policing response must be proportionate to the circumstances.
