Regulations, 2012

L.N. 454 of 2012

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

(CAP. 405)

Aviation Security (Background Checks) (Amendment)

Regulations, 2012

IN exercise of the powers conferred by article 3 of the Airports

and Civil Aviation (Security) Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Aviation Security Citation.

(Background Checks) (Amendment) Regulations, 2012, and these

regulations shall be read and construed as one with the Aviation S.L. 405.04

Security (Background Checks) Regulations, hereinafter referred to as

"the principal regulations".

In regulation 6 of the principal regulations, for the words Amends

"Second Schedule." there shall be substituted the words "Second regulation

the principal

Schedule:" and immediately thereafter there shall be added the regulations.

following new proviso

"Provided that the Manager shall have the discretion not to

withdraw a security pass pending criminal proceedings, if he is

of the opinion that such offence or offences do not impinge on

the integrity of the applicant in the exercise of his duties.".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a) sub-regulation (3) thereof shall be substituted by the

following

"(3) If, from the information given to the

Manager, it results that the applicant has been found guilty

of any of the offences listed in the Second Schedule but the

punishment prescribed did not include a term of

imprisonment, then a security pass may be issued or

restored, as the case may be, from the date of final

judgment regarding such conviction."; and

(b) in sub-regulation (5) thereof, for the words "sub-

regulations (1) to (3)" there shall be substituted the words "sub-

regulations (1) and (2)".

Regulation 11 of the principal regulations shall be

amended as follows

(a)

sub-regulation (2) thereof shall be substituted by the

following

"(2) The security pass shall be withdrawn if, from

the information given to the Manager, it results that the

applicant has pending criminal proceedings relating to any

of the offences listed in the Second Schedule

Provided that the Manager shall have the discretion

not to withdraw a security pass pending criminal

proceedings, if he is of the opinion that such offence or

offences do not impinge on the integrity of the applicant in

the exercise of his duties."; and

(b) in sub-regulation (3) thereof, for the words "this

failure" there shall be substituted the words "the withdrawal

mentioned in sub-regulation (2)".

€0.18