I have often wondered which of the required notifications are supported by law.
The GAR form scene has a history of the police dramatically over-stepping their authority with e.g. treating it as a “permission to fly” and then phoning you at 3am with a “PTF number”. It took several years of people telling each such caller that there is no “permission” element in the law, before they stopped doing this.
I wrote to the local police with
Dear Sir/Madam,
The current notice period for outgoing and returning GARs is 2hrs.
Has the notice period been changed for the CTA (N and S Ireland, IOM, C.I.)? It has been 12 hrs from most airports e.g. Shoreham for many years.
If it is still 12hrs, what is the supporting legislation?
Thank you in advance for your reply.
Yours faithfully,
and after a 2nd send of the email (2 weeks later) I got this back
I wonder if anyone wants to check out whether the above is actually legal and supported by primary legislation? It sounds like it is being done under delegated powers.
The last part I can help with.
However, you are still required to give the police 12 hours’ notice for all arrivals and departures to and from another territory in the Common Travel Area. This obligation comes from the Terrorism Act 2000
That is correct. For common travel area, it’s 12 hours notice to the police, required by section 12 (3) of schedule 7 of the Terrorism Act 2000. It’s only notice for private flights. For flights carrying fare paying passengers, it’s different and requires permission.
Terrorism Act 2000 Schedule 7 Section 12
It should be noted that it does not require notice via a GAR, but rather just to “a constable for the police area in which the port is situated”. Although a GAR is probably a simpler method and easier to prove you gave the required notice.
Regarding the Border Force requirement, looking at the link you give for the Commissioners directions, they seem to exempt “pleasure craft”. I wonder what the definition of “Pleasure craft” is? Certainly I fly for pleasure and not for commercial activities.
Yes, the Border Force requirements are basically underpinned by law that says you have to do what they ask. As far as I know at least, I’ve not read the actual legislation.
For the Police notification, which is a separate thing but in practice dealt with via the same GAR, the requirement in law is ‘to inform a constable in writing’. So you could write it on the back on an envelope and hand it to a policeman in the street, but it’s easier to use the GAR.
The Terrorism Act 2000 requirements are clearly stated by law, see section (3) of paragraph 12 of schedule 7:
“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 at 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 (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).”
Otherwise, I think you’re right: it looks like the Customs and Excise Management Act 1979 gives broad discretion to make “Commissioner’s Directions” under sections 35 & 64. The directions you linked also refer to sections 1 and 7 of the Borders Citizenship and Immigration Act 2009 (which relates to various customs matters).
That is correct. For common travel area, it’s 12 hours notice to the police, required by section 12 (3) of schedule 7 of the Terrorism Act 2000. It’s only notice for private flights. For flights carrying fare paying passengers, it’s different and requires permission.
And that would also explain why allegedly police sometimes asks or asked for permission; they probably can’t know if a particular flight is private or commercial. Or is the whole GAR process only available to private flights?
Regarding the Border Force requirement, looking at the link you give for the Commissioners directions, they seem to exempt “pleasure craft”. I wonder what the definition of “Pleasure craft” is? Certainly I fly for pleasure and not for commercial activities.
Where is this? Interesting!
Or is the whole GAR process only available to private flights?
Yes; airlines have been doing electronically transmitted passenger list notifications for many years; these are compared to lists of known suspects etc.
The “permission” thing is totally bogus and always was.
I did not mean airline flights, but commercial non-airline flights. The guidance does indeed say
Where an aircraft is carrying any paying passengers (including air taxi and similar arrangements) between Great Britain and Northern Ireland or between the UK and the rest of the Common Travel Area the aircraft must use a police designated airport unless specific authority has been given by the relevant police force.
but they do not really clarify if these flights must still send a GAR. But reading the whole doc, it seems they do.
I recall for corporate bizjet flights, they also have to send GAR
Ok, and then they (police) would have all rights to ask for permission if they can‘t find one on file, And as I said, the GAR does not have a private/commercial tickbox or so.
Peter wrote:
Where is this? Interesting!
You linked to this document
Comissioners directions
It says
1. These Directions apply to:
(a) any ship (other than a pleasure craft), aircraft, or railway vehicle which is arriving, or is expected to arrive, anywhere in Great Britain from anywhere outside Great Britain;(b) any ship (other than a pleasure craft) or aircraft, which is arriving, or is expected to arrive, anywhere in Northern Ireland from outside of Northern Ireland;
(c) any ship (other than a pleasure craft), aircraft or railway vehicle which is departing, or is expected to depart, from anywhere in Great Britain to an eventual destination outside of Great Britain; and
(d) any ship (other than a pleasure craft) or aircraft which is departing, or is expected to depart, from Northern Ireland to an eventual destination outside of Northern Ireland.
