Go Back  PPRuNe Forums > Non-Airline Forums > Private Flying
Reload this Page >

Special Branch and their interpretation of the Anti-Terrorism laws.

Wikiposts
Search
Private Flying LAA/BMAA/BGA/BPA The sheer pleasure of flight.

Special Branch and their interpretation of the Anti-Terrorism laws.

Thread Tools
 
Search this Thread
 
Old 6th Nov 2006, 18:31
  #1 (permalink)  
Thread Starter
 
Join Date: Mar 2000
Location: U.K.
Age: 46
Posts: 3,112
Likes: 0
Received 0 Likes on 0 Posts
Special Branch and their interpretation of the Anti-Terrorism laws.

We have always had a close relationship with our local Special Branch in Glasgow, but recent staff changes have lead to few changes.
Below is the transcipt of a letter we recieved from them today.

"I am writing to you about the recent confusion regarding the memo sent out by staff at Cumbernauld Airport regarding pilots requirements under the Terrorism Act 2000.

As you are already aware, there is a requirement for anyone who is travelling by Light Aircraft form any Non Designated Airport within the UK to notify Special Branch, a minimum 12 hours prior to their journey.

This is not new Legislation, as stated in the memo , the Legislation is in fact ten years old.

The Terrorism Act 2000 states that;
"Where an aircraft is employed on a journey to which this paragraph applies otherwise than to carry passengers for reward, the captain of the aircraft shall not permit it to call or leave a port in Great Britain or Northern Ireland unless-
a) The port is a designated port, or
b) he gives at least 12 hours notice in writing to a constable for the police area in which the port is situated."

NB. Where an aircraft is on a journey where passengers are being carried for reward, the captain is required to give a minimum of 24 hours notice.

There are only two designated airports in the Strathclyde area, these being Glasgow International Airport, and Glasgow Prestwick.

This means that any flight which begins at Cumbernauld, to anywhere in Great Britain, ( this includes Northern Ireland, and all of the Scottish Islands), must have had permission from Special Branch to fly, so therefore must have given a minimum of 12 hours notice prior to the flight departing.

It is the pilot of the Light Aircrafts responsibility to ensure that this has been complied with.

The information to be supplied to Special Branch is as follows:

1) The registration of the Aircraft
2) The pilots name, date of birth, home address, contact telephone number, (address in which the pilot will be staying upon arrival at his destination , if applicable ).
3) Port of Departure and Arrival
4) Date and time of departure from both Port of Departure and Port of Arrival
5) Make and Model of Aircraft
6) Where the aircraft normally operates from, and who the Aircraft owner is.
7) Passenger details (name, date of birth, home address)

Failure to submit any of the above information is an offence under the Terrorism Act, and could render the pilot of the aircraft subject to prosecution.

Strathclyde Police Ports Unit are aware that the weather is an important factor as to whether flights go ahead as planned. As previously stated a minimum of 12 hours notice is required, if the flight has to be cancelled, due to inclement weather, however the weather clears up and it is decided that the flight can now take place, a telephone call is sufficient, as long as the intial written notification has been submitted.

I hope this letter clears up any confusion regarding the recent memo which has been circulated by Cumbernauld Airport.

Please do not hesitate to contact either myself or any of my colleagues at the Ports Unit should you have any queries.

DC ........... ...............
Ports Unit
Glasgow Airport"


So my interpretation of this letter is that we are supposed to give them 12 hours notice of any flight within the UK and get permission, rather than just notify a constable.

We've already queried this again and it ended up in a very rude and defensive response from the DC involved.

So what does everyone else think.
Say again s l o w l y is offline  
Old 6th Nov 2006, 18:54
  #2 (permalink)  
 
Join Date: Sep 2003
Location: UK,Twighlight Zone
Posts: 0
Likes: 0
Received 0 Likes on 0 Posts
<This means that any flight which begins at Cumbernauld, to anywhere in Great Britain, ( this includes Northern Ireland, and all of the Scottish Islands), must have had permission from Special Branch to fly, so therefore must have given a minimum of 12 hours notice prior to the flight departing.>


He's having a laugh! Any flight from Cumbernauld to anywhere in great Britain requires SB permission!! I laughed so much my head fell off..........

We will be getiing SB permission to drive to the shops next.
S-Works is offline  
Old 6th Nov 2006, 18:59
  #3 (permalink)  
 
Join Date: Aug 2002
Location: Surrey, UK.
Posts: 0
Likes: 0
Received 0 Likes on 0 Posts
This came up a couple/three years ago at Newcastle I think.

Have you inherited their SB man?

From memory the advice was tell them to shove it up their arses, but it might pay you to search the forum

Special Branch Newcastle should help you find the thread I mean.
rustle is offline  
Old 6th Nov 2006, 19:01
  #4 (permalink)  
Thread Starter
 
Join Date: Mar 2000
Location: U.K.
Age: 46
Posts: 3,112
Likes: 0
Received 0 Likes on 0 Posts
Actually, He's a She!

What worries me most, is that these are supposedly the folks looking after us. If they can't even get this right, what chance have we got against real and organised terrorists. If they ever caught any and went to court, they'd be ripped apart by even the daftest brief with stuff like this!
Say again s l o w l y is offline  
Old 6th Nov 2006, 19:01
  #5 (permalink)  
 
Join Date: Mar 2002
Location: UK
Posts: 177
Likes: 0
Received 0 Likes on 0 Posts
Unfortunately there are 43 different police forces putting 43 different interpretations on Schedule 7 of the Terrorism act and anything that has superceded it. North Yorks police certainly don't view it that way.

From their website

" The Terrorism Act 2000, (as amended by the Crime & Security Act 2001) requires that all Aircraft entering/leaving the mainland of Great Britain to or from Northern Ireland, Eire, Isle of Man and the Channel Islands (Common Travel Area – CTA) must call at a designated Port.

The exception to this rule is if the pilot gives at least 12 hours notice in writing to the Police Force, in whose area he is landing or departing from, of his intention to use a non designated port. "

"Schedule 7 of the Terrorism Act gives the police powers to examine any flight arriving or departing any airfield irrespective of its destination – this includes internal flights within the UK."


And from Sussex

"An integral part of the unit’s remit is dealing with aircraft flying to and from the ‘Common Travel Area’ of Great Britain and Northern Ireland and/or Eire, Isle of Man or the Channel Isles.

Aircraft flying to or arriving from other areas are also examined by our officers where required.

The owner/operator of an aircraft flying to or from locations within the Common Travel Area must seek ‘permission to fly’ from the Ports Unit, by means of completing and faxing a General Aviation Report, giving at least 12-hours’ notice of their flight."


I see that as having to give notice if flying to or from a CTA place to or from a non-designated airfield(as we have always done).

Having had a large amount of dealings with different Special Branches over the years this nearly always happens when a new bloke comes in and decides he knows better.

If PC Plod wants to come and talk to us on an internal flight he needs to get off his a**e and do so.

As far as I can see he cannot demand anything in advance for an internal flight.
ifonly is offline  
Old 6th Nov 2006, 19:03
  #6 (permalink)  
 
Join Date: Aug 2002
Location: Surrey, UK.
Posts: 0
Likes: 0
Received 0 Likes on 0 Posts
Okay, it was 4 years ago.

See http://www.pprune.org/forums/showthread.php?t=63139

and http://www.pprune.org/forums/showthread.php?t=70490

If it's a she maybe she can use another orifice
rustle is offline  
Old 6th Nov 2006, 19:11
  #7 (permalink)  
 
Join Date: Nov 2005
Location: Cumbernauld
Posts: 165
Likes: 0
Received 0 Likes on 0 Posts
Reading this letter suggests that to depart Cumbernauld and land at Perth (Scone) we need to submit a GAR form! So every time a student wishes to do his XCQ he needs to submit 2 etc! I think we should do that and see what response we get when they have to deal with hundreds if not thousands of GAR forms.
S205-18F is offline  
Old 6th Nov 2006, 19:18
  #8 (permalink)  
 
Join Date: Mar 2002
Location: UK
Posts: 177
Likes: 0
Received 0 Likes on 0 Posts
Having looked at the Strathclyde Police website I can find no mention of Ports policing.
Special Branch doesn't appear under the 'Specialist Units' but the 'Strathclyde Police Pipe Band' does !!!
Perhaps the management hold them in the same regard that we are starting to ?
ifonly is offline  
Old 6th Nov 2006, 19:26
  #9 (permalink)  
 
Join Date: Mar 2002
Location: UK
Posts: 177
Likes: 0
Received 0 Likes on 0 Posts
Just found the bit he/she/it ? (conveniently) left out.
In the letter he has quoted paragraph 12(2) of the Terrorism Act. He seems to have omitted paragraph 12(1) which states:-
(1) This paragraph applies to a journey-
(a) to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,
(b) from Great Britain to any of those places,
(c) to Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands, or
(d) from Northern Ireland to any of those places.
Write to the Chief Constable and report him for attempting to abuse his powers.
ifonly is offline  
Old 6th Nov 2006, 19:28
  #10 (permalink)  
 
Join Date: Mar 2002
Location: UK
Posts: 177
Likes: 0
Received 0 Likes on 0 Posts
Apologies he was quoting Para 12(3)

Full schedule 7 here:-

http://www.opsi.gov.uk/ACTS/acts2000/00011--t.htm
ifonly is offline  
Old 6th Nov 2006, 19:30
  #11 (permalink)  
Thread Starter
 
Join Date: Mar 2000
Location: U.K.
Age: 46
Posts: 3,112
Likes: 0
Received 0 Likes on 0 Posts
This would be laughable, if it wasn't for the fact that this SB unit has already given one of our chaps a written warning under the Terrorism Act for not having given 12 hours notice.

Supposedly he'd already had a verbal warning about this previously (though the DC who supposedly gave him this has denied it totally. Unfortunately he's left the ports unit now, but will give us a statement to confirm this.) basically the DC involved has been caught out telling porkies and is now trying to make life difficult for us, but I think they've underestimated hom much we enjoy a fight, especially when we're in the right!

What actually happened was there was a delay to a flight due to poor Wx. Another pilot said he would do it since he had an IR. SB was telephoned and asked if we could make a late change. This was agreed by them, but later on they dragged him in saying that he'd not give 12hrs notice of the change in writing............

Now we get this crap from them.....

It's really shot my faith in the boys (and girls) in blue.

Rustle, thanks for that. AOPA are next on the list to get a copy of this letter, closely followed by as many MP's as possible!
Say again s l o w l y is offline  
Old 6th Nov 2006, 20:01
  #12 (permalink)  
 
Join Date: May 2005
Location: Suffolk
Posts: 212
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by ifonly
Apologies he was quoting Para 12(3)

Full schedule 7 here:-

http://www.opsi.gov.uk/ACTS/acts2000/00011--t.htm
Para 12(1) - which you quoted earlier - also applies to para 12(3).

In other words, SB has no powers to require you to seek permission for internal flights.

Complain to the Chief Constable - if no response, complain to the Police Complaints Authority. Even a threat to do the latter should get the attention of the offending [sic] officer.
ProfChrisReed is offline  
Old 6th Nov 2006, 20:13
  #13 (permalink)  
 
Join Date: Feb 2002
Location: london uk
Posts: 373
Likes: 0
Received 0 Likes on 0 Posts
Am i missing something here?

(a) to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,
(b) from Great Britain to any of those places,
(c) to Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands, or
(d) from Northern Ireland to any of those places

I am no lawyer, but my geography is ok i believe. So how can you fly from Great Britain to Northern Ireland ? Aren't N.I, Channel Islands and The IoM all PART of GREAT BRITAIN? Also as i mentioned in a different thread, I have never seen any official type presence at Lydd Int!! Although it is one of the Designated A/P's!!!
pistongone is offline  
Old 6th Nov 2006, 20:24
  #14 (permalink)  
 
Join Date: Mar 2002
Location: UK
Posts: 177
Likes: 0
Received 0 Likes on 0 Posts
Great Britain does not include Northern Ireland.
The sovereign state is the 'United Kingdom of Great Britain & Northern Ireland.'
ifonly is offline  
Old 6th Nov 2006, 21:53
  #15 (permalink)  
 
Join Date: Jun 2003
Location: EuroGA.org
Posts: 13,787
Likes: 0
Received 0 Likes on 0 Posts
S.A.S.

I just don't believe any of this is for real. Much better brains than me have had a look at the legislation and nothing is required within the UK, and also no permission is required.

The Plod have the powers to stop you going, sure, but they will (eventually) have to come up with a reason for having in effect arrested you.

The last person to ask for an interpretation of the law is PC Plod. Like army recruits, they are not picked for being PhD material. Those half smart go for CID.
IO540 is offline  
Old 6th Nov 2006, 22:18
  #16 (permalink)  
Thread Starter
 
Join Date: Mar 2000
Location: U.K.
Age: 46
Posts: 3,112
Likes: 0
Received 0 Likes on 0 Posts
IO, unfortunately it is all too real. I'm sitting here with the letter next to me. If I wasn't concerned by it, I would be laughing like a hyena over this. My original post is the letter that arrived this morning. Typo's and all. I've just left the individuals names out.

Whilst your average PC may not be Einstein, they aren't that daft and I would hope they would have at least a basic grasp of the laws they are paid to uphold. If not, why don't they just arrest everyone and let the courts sort out the guilty from the innocent. (Hmm, the cynic in me sees the flaw in that argument already!)

It seems they are now saying to just "rip up the letter if there is anything in it you don't understand. We'll come and see and tell you in person and explain." Methinks there maybe a bit of back peddling going on! The contents of the letter show total incompetance and I wonder if they want it to disappear! If I don't post within the next 24 hours, you'll know they've got to me!!
Say again s l o w l y is offline  
Old 7th Nov 2006, 02:31
  #17 (permalink)  
 
Join Date: May 2001
Location: up North
Posts: 661
Likes: 0
Received 0 Likes on 0 Posts
Aren't N.I, Channel Islands and The IoM all PART of GREAT BRITAIN?
No. And only Northern Ireland is in the United Kingdom.
jabberwok is offline  
Old 7th Nov 2006, 07:11
  #18 (permalink)  
Thread Starter
 
Join Date: Mar 2000
Location: U.K.
Age: 46
Posts: 3,112
Likes: 0
Received 0 Likes on 0 Posts
One thing that is confusing me slightly is the phrase "(1) This paragraph applies to a journey-
(a) to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands."

Which Islands are they talking about. Have I missed a definition somewhere? Does the Isle of Wight count? The Hebridies? etc..... Since this is what we have been told by SB up here and just by reading this, it seems to support their assumption.

Or am I just being thick and paranoid?
Say again s l o w l y is offline  
Old 7th Nov 2006, 07:24
  #19 (permalink)  
 
Join Date: Aug 2002
Location: Surrey, UK.
Posts: 0
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Say again s l o w l y
Which Islands are they talking about.

Or am I just being thick and paranoid?
"The Islands" will be defined somewhere, but expect that to mean Jersey/Guernsey/Alderney and Isle of Man - the usual suspects

It is understandable to be paranoid when idiots are given authority to write letters such as the one you quoted from.
rustle is offline  
Old 7th Nov 2006, 08:17
  #20 (permalink)  
 
Join Date: Feb 2002
Location: london uk
Posts: 373
Likes: 0
Received 0 Likes on 0 Posts
Well it is a bit quiet in the office this morning, so i just did a bit of research so as to educate myself on my lack of knowledge regarding the terminology of Great Britain etc etc. Here's what i found, i hope this helps with the problem, it sure surprised me! I still seem to remember that Mary Peters was quoted as being a british athlete, running for GB etc? I must be wrong though!

GREAT BRITAIN, THE UNITED KINGDOM,
THE BRITISH ISLES, BRITISH ISLANDS




Many are not aware of the precise meaning of the term "Great Britain". Even many British are unaware of the precise reality that the term expresses. Try asking a person living in the United Kingdom the exact meaning of the expression they have on their passports: "The United Kingdom of Great Britain and Northern Ireland". Many will not be able to provide an adequate answer. No wonder, therefore, that confusion also exists outside the United Kingdom and that in other European countries people erroneously group together the English, Scottish and Welsh under the word in their own language meaning "English". Hence, for example, the French commonly group them together in the term "anglais" and the Italians "inglesi"). This can be a cause of offence for the Scottish and the Welsh.
Here we shall try to explain the meaning of the terms "Great Britain", "United Kingdom", "British Islands" and "British Isles" as wells as the political and geographical realities that they express.


Great Britain
Great Britain is the largest island in Europe. "Great Britain" is the collective name for the three countries of England, Scotland and Wales. It also includes the small adjacent islands but it does not include the Channel Islands and the Isle of Man.
The term "Great Britain" came into being when England and Scotland became a single kingdom under King James VI of Scotland who also became King James I of England, after the death of Queen Elizabeth I in 1603. It must be remembered, however, that this was not a political union but merely the union of the crowns of the two countries. Politically they were still two states, each with its own Parliament.1 Political union came about only during the reign of Queen Anne, in 1707. It was in this year that the Scottish Parliament assembled for the last time and the formal union of Parliaments was effected. It was on 1 May of that same year that the "United Kingdom of Great Britain" came into existence.
Under Edward I the conquest of Wales was completed and Wales was united to England under Henry VIII, the second monarch descended from the Welsh House of Tudor. 2 This union was ratified by two Acts of Parliament in 1536 and again in 1543.

The adjective "British"
The adjective "British" is, of course, used in relation to Great Britain but there is also a common tendency to use it when referring to issues relating to both Great Britain and the United Kingdom. This is inaccurate and from a legal point of view erroneous.
Sometimes, however, in legislation the term "British" is used to refer to the United Kingdom as a whole, especially in matters relating to the question of nationality. 3




The United Kingdom
The United Kingdom is made up of Great Britain and Northern Ireland. The official name "United Kingdom of Great Britain and Northern Ireland" came into use in 1922 after the constitution of the Irish Free State (1922-1937), the former name of the Republic of Ireland.
The whole of Ireland had been united to Great Britain by an Act of Parliament in 1800 and which took effect in January 1801. 4 However, this union had never been popular in Ireland and became the target of Irish Nationalist leaders ever since. The union of the whole of Ireland with Great Britain lasted until the constitution of the Irish Free State. The Treaty that sanctioned the separation laid down that the six counties in the north should remain united to Great Britain hence constituting Northern Ireland, part of the United Kingdom but not part of Great Britain.
Therefore, the United Kingdom of Great Britain, used to indicate the political union of England, Scotland and Wales, was expanded, in the 20th century, to include Northern Ireland: the "United Kingdom of Great Britain and Northern Ireland" as it now appears on passports.


When speaking of the United Kingdom and its constituent parts it is important to use the correct terminology. In 1969 the Royal Commission on the Constitution was set up with the aim of examining the relation between central legislature and government on one hand and the "several countries, nations and regions of the United Kingdom" on the other. The words "countries", "nations" and "regions" reveal a certain vagueness which was eventually resolved by the Report of the Commission. 5

The Isle of Man and the Bailiwicks of Jersey and Guernsey are not part of Great Britain, they are not part of the United Kingdom and neither are they part of the European Union. They are self-governing British Crown dependencies.



The British Islands
The expression "British Islands" has been defined in the Interpretation Act 1978 as meaning the United Kingdom, the Channel Islands and the Isle of Man. The Republic of Ireland is not included in this definition.



The British Isles
The expression "British Isles" is geographical and not political. They are a group of islands off the northwest coast of Europe consisting of Great Britain, the whole of Ireland, the Orkney and Shetland Islands, the Isle of Man, the Inner and Outer Hebrides, the Isle of Wight, the Scilly Islands, Lundy Island, the Channel Islands and many other smaller islands. A list of the main islands of Great Britain is to be found on another page on this site.




Notes
1 Art. 1 of the Treaty of Union between England and Scotland in 1707.
2 The Tudor dynasty was descended from the Welsh adventurer Owen Tudor (c. 1400-1461). Wales had already been conquered by Edward I and the conquest was sealed with the Statute of Rhuddlan, also known as the Statute of Wales, in 1284. In the first half of the sixteenth century, under the reign of Henry VIII, acts of union were passed and Wales sent representatives to the English Parliament. After the union of the two countries Wales had no effective government and Welsh laws and administration were replaced by the English. The Welsh saw this as an annexation of their country.
3 Cfr. Interpretation Act 1978, Sched. 1. By the British Nationality Act 1981, s. 50 (1), the United Kingdom includes the Channel Islands and the Isle of Man for the purposes of nationality law.
4 Art. 1 of the Act of Union created the United Kingdom of Great Britain and Ireland. Since medieval times Ireland had had its own Parliament. By the end of the 18th century this Parliament had enjoyed only limited power due to political pressure from England. After the break with Rome during the reign of Henry VIII and particularly after Cromwell, the Irish Parliament effectively became the voice of the Protestant minority in Ireland as all members of Parliament had to take the Oath of Supremacy recognising the monarch as head of the Church. This was obviously incompatible with the Roman Catholic religion of the vast majority of Irishmen. An interesting allegorical account of the English treatment of Ireland inspired by the planned union of England and Scotland can be found in Jonathan Swift's The Story of the Injured Lady. To complement the ideas contained in this tract, written from the point of view of a member of the Anglo-Irish community, one might also read one or two Irish ballads in which the indigenous Irish abhorred their increasing dependence on England. Swift's The Story of the Injured Lady and the Irish ballads are available on the site "Irish Literary Texts".
5 The report of the commission does much to clarify the question of terminology. It speaks of the four "countries" that make up the United Kingdom: England, Scotland, Wales and Northern Ireland.

Not sure how this affects the original post though?
pistongone is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.