Aviation Security and Piracy (Overseas Territories) Order 2000
Statutory Instrument 2000 No. 3059
CIVIL AVIATION
The Aviation Security and Piracy (Overseas Territories) Order
2000
Made 15th November 2000
Coming into force 6th December 2000
At the Court at Buckingham Palace, the 15th day of November 2000
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 39
of the Aviation Security Act 1982, section 51 of the Aviation and
Maritime Security Act 1990, section 26(5) of the Merchant Shipping
and Maritime Security Act 1997, and all other powers enabling Her in
that behalf, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered as follows:
Citation, commencement and construction
1. - (1) This Order may be cited as the Aviation Security and Piracy
(Overseas Territories) Order 2000 and shall come into force on 6th
December 2000.
(2) For the purpose of construing the provisions of the Acts extended
by this Order as part of the law of any Territory, "the Territory" means
that Territory.
Territories to which the Order applies
2. This Order applies to the Territories specified in Schedule 1 to
this Order.
Extension of aviation security legislation
3. - (1) The following parts of the Aviation Security Act 1982, as
amended by the Extradition Act 1989[4 and by the Aviation and
Maritime Security Act 1990, as set out with modifications and
adaptations in Schedules 2 and 3 to this Order, shall extend to the
Territories to which this Order applies, namely Part I, Part II, sections
37 and 38 of, and Schedule 1 to, the Act of 1982.
(2) Sections 1 and 50 of the Aviation and Maritime Security Act
1990, as set out with modifications and adaptations in Schedule 4 to
this Order, shall extend to the Territories to which this Order applies.
Piracy
4. The provisions of section 26 of the Merchant Shipping and
Maritime Security Act 1997 and Schedule 5 to that Act (which are set
out with modifications and adaptations in Schedule 5 to this Order)
shall apply to proceedings before a court exercising jurisdiction in
respect of piracy.
Disapplication and revocation of Orders
5. - (1) On the coming into force of this Order, the following
Orders shall cease to apply to the Territories to which this Order
applies:
The Hijacking Act 1971 (Overseas Territories) Order 1971[5];
The Protection of Aircraft Act 1973 (Overseas Territories)
Order 1973[6]; and
The Hijacking Act 1971 (Overseas Territories) (Amendment)
Order 1973[7];
(2) The Aviation Security (Anguilla) Order 1987[8] is revoked.
A. K. Galloway
Clerk of the Privy Council
SCHEDULE 1 TO THIS ORDER
Article 2
TERRITORIES TO WHICH THIS ORDER APPLIES
Anguilla
Bermuda
British Virgin Islands
Cayman Islands
Falkland Islands
Montserrat
St. Helena and Dependencies
The Sovereign Base Areas of Akrotiri and Dhekelia
Turks and Caicos Islands.
SCHEDULE 2 TO THIS ORDER
Article 3(1)
PROVISIONS OF THE AVIATION SECURITY ACT 1982 AS
ADAPTED AND MODIFIED WHICH ARE EXTENDED TO ALL
THE TERRITORIES SPECIFIED IN SCHEDULE 1
PART I OF THE AVIATION SECURITY ACT 1982
OFFENCES AGAINST THE SAFETY OF AIRCRAFT ETC.
Hijacking
1. - (1) A person on board an aircraft in flight who unlawfully, by
the use of force or by threats of any kind, seizes the aircraft or
exercises control of it commits the offence of hijacking, whatever his
nationality, whatever the State in which the aircraft is registered and
whether the aircraft is in the Territory or elsewhere, but subject to
subsection (2) below.
(2) If -
(a) the aircraft is used in military, customs or police service, or
(b) both the place of take-off and the place of landing are in the
territory of the State in which the aircraft is registered,
subsection (1) above shall not apply unless -
(i) the person seizing or exercising control of the aircraft
is a United Kingdom national; or
(ii) his act is committed in the Territory; or
(iii) the aircraft is registered in the United Kingdom or
in the Territory or is used in the military or customs
service of the United Kingdom or of the Territory or in
the service of any police force in the United Kingdom or
the Territory.
(3) A person who commits the offence of hijacking shall be liable on
conviction to imprisonment for life.
(4) If the Secretary of State by order made by statutory instrument
declares -
(a) that any two or more States named in the order have
established an organisation or agency which operates aircraft;
and
(b) that one of those States has been designated as exercising,
for aircraft so operated, the powers of the State of registration.
the State declared under paragraph (b) of this subsection shall
be deemed for the purposes of this section to be the State in
which any aircraft so operated is registered; but in relation to
such an aircraft subsection (2)(b) above shall have effect as if it
referred to the territory of any one of the States named in the
order.
(5) For the purposes of this section the territorial waters of any State
shall be treated as part of its territory.
Destroying, damaging or endangering safety of aircraft
2. - (1) It shall, subject to subsection (4) below, be an offence for
any person unlawfully and intentionally -
(a) to destroy an aircraft in service or so to damage such an
aircraft as to render it incapable of flight or as to be likely to
endanger its safety in flight; or
(b) to commit on board an aircraft in flight any act of violence
which is likely to endanger the safety of the aircraft.
(2) It shall also, subject to subsection (4) below, be an offence for
any person unlawfully and intentionally to place, or cause to be placed,
on an aircraft in service any device or substance which is likely to
destroy the aircraft, or is likely so to damage it as to render it incapable
of flight or as to be likely to endanger its safety in flight; but nothing in
this subsection shall be construed as limiting the circumstances in
which the commission of any act -
(a) may constitute an offence under subsection (1) above, or
(b) may constitute attempting or conspiring to commit, or
aiding, abetting, counselling or procuring, the commission of
such an offence.
(3) Except as provided by subsection (4) below, subsections (1) and
(2) above shall apply whether any such act as is therein mentioned is
committed in the Territory or elsewhere, whatever the nationality of
the person committing the act and whatever the State in which the
aircraft is registered.
(4) Subsections (1) and (2) above shall not apply to any act
committed in relation to an aircraft used in military, customs or police
service unless -
(a) the act is committed in the Territory, or
(b) where the act is committed outside the Territory, the person
committing it is a United Kingdom national.
(5) A person who commits an offence under this section shall be
liable on conviction to imprisonment for life.
(6) In this section "unlawfully" -
(a) in relation to the commission of an act in the Territory,
means so as (apart from this Act) to constitute an offence under
the law of the Territory, and
(b) in relation to the commission of an act outside the Territory,
means so that the commission of the act would (apart from this
Act) have been an offence under the law of the Territory if it
had been committed in the Territory.
(7) In this section "act of violence" means -
(a) any act done in the Territory which constitutes one of the
prescribed offences; and
(b) any act done outside the Territory which, if done in the
Territory, would constitute one of the prescribed offences.
Other acts endangering or likely to endanger safety of aircraft
3. - (1) It shall, subject to subsections (5) and (6) below, be an
offence for any person unlawfully and intentionally to destroy or
damage any property to which this subsection applies, or to interfere
with the operation of any such property, where the destruction, damage
or interference is likely to endanger the safety of aircraft in flight.
(2) Subsection (1) above applies to any property used for the
provision of air navigation facilities, including any land, building or
ship so used, and including any apparatus or equipment so used,
whether it is on board an aircraft or elsewhere.
(3) It shall also, subject to subsections (4) and (5) below, be an
offence for any person intentionally to communicate any information
which is false, misleading or deceptive in a material particular, where
the communication of the information endangers the safety of an
aircraft in flight or is likely to endanger the safety of an aircraft in
flight.
(4) It shall be a defence for a person charged with an offence under
subsection (3) above to prove -
(a) that he believed, and had reasonable grounds for believing,
that the information was true; or
(b) that, when he communicated the information, he was
lawfully employed to perform duties which consisted of or
included the communication of information and that he
communicated the information in good faith in the performance
of those duties.
(5) Subsections (1) and (3) above shall not apply to the commission
of any act unless either the act is committed in the Territory or, where
it is committed outside the Territory -
(a) the person committing it is a United Kingdom national; or
(b) the commission of the act endangers or is likely to endanger
the safety in flight of a civil aircraft registered in the United
Kingdom or the Territory or chartered by demise to a lessee
whose principal place of business, or (if he has no place of
business) whose permanent residence, is in the Territory; or
(c) that act is committed on board a civil aircraft which is so
registered or so chartered, or
(d) the act is committed on board a civil aircraft which lands in
the Territory with the person who committed the act still on
board.
(6) Subsection (1) above shall also not apply to any act committed
outside the Territory and so committed in relation to property which is
situated outside the Territory and is not used for the provision of air
navigation facilities in connection with international air navigation,
unless the person committing the act is a United Kingdom national.
(7) A person who commits an offence under this section shall be
liable on conviction to imprisonment for life.
(8) In this section "civil aircraft" means any aircraft other than an
aircraft used in military, customs or police service and "unlawfully"
has the same meaning as in section 2 of this Act.
Offences in relation to certain dangerous articles
4. - (1) It shall be an offence for any person without lawful
authority or reasonable excuse (the proof of which shall lie on him) to
have with him -
(a) in any aircraft registered in the United Kingdom or the
Territory, whether at a time when the aircraft is in the Territory
or not, or
(b) in any other aircraft at a time when it is in, or in flight over,
the Territory, or
(c) in any part of an aerodrome in the Territory, or
(d) in any air navigation installation in the Territory which does
not form part of an aerodrome,
any article to which this section applies.
(2) This section applies to the following articles, that is to say -
(a) any firearm, or any article having the appearance of being a
firearm, whether capable of being discharged or not;
(b) any explosive, any article manufactured or adapted (whether
in the form of a bomb, grenade or otherwise) so as to have the
appearance of being an explosive, whether it is capable of
producing a practical effect by explosion or not, or any article
marked or labelled so as to indicate that it is or contains an
explosive; and
(c) any article (not falling within either of the preceding
paragraphs) made or adapted for use for causing injury to or
incapacitating a person or for destroying or damaging property,
or intended by the person having it with him for such use,
whether by him or by any other person.
(3) For the purposes of this section a person who is for the time
being in an aircraft, or in part of an aerodrome, shall be treated as
having with him in the aircraft, or in that part of the aerodrome, as the
case may be, an article to which this section applies if -
(a) where he is in an aircraft, the article, or an article in which it
is contained, is in the aircraft and has been caused (whether by
him or by any other person) to be brought there as being, or as
forming part of, his baggage on a flight in the aircraft or has
been caused by him to be brought there as being, or as forming
part of, any other property to be carried on such flight, or
(b) where he is in part of an aerodrome (otherwise than in an
aircraft), the article, or an article in which it is contained, is in
that part or any other part of the aerodrome and has been caused
(whether by him or by any other person) to be brought into the
aerodrome as being, or as forming part of, his baggage on a
flight from that aerodrome or has been caused by him to be
brought there as being, or forming part of, any other property to
be carried on such a flight on which he also is to be carried,
notwithstanding that the circumstances may be such that (apart from
this subsection) he would not be regarded as having the article with
him in the aircraft or in a part of the aerodrome, as the case may be.
(4) A person guilty of an offence under this section shall be liable on
conviction to a fine or to imprisonment for a term not exceeding five
years or both.
(5) Nothing in subsection (3) above shall be construed as limiting
the circumstances in which a person would, apart from that subsection,
be regarded as having an article with him as mentioned in subsection
(1) above.
Jurisdiction of courts in respect of air piracy
5. - (1) Any court in the Territory having jurisdiction in respect of
piracy committed on the high seas shall have jurisdiction in respect of
piracy committed by or against an aircraft, wherever that piracy is
committed.
(2) In subsection (1) above, "aircraft" means any aircraft other than
an aircraft in military service or an aircraft belonging to and
exclusively employed in the service of the Crown in right of the United
Kingdom.
Ancillary offences
6. - (1) Without prejudice to section 2(1)(b) of this Act, where a
person (of whatever nationality) does on board any aircraft (wherever
registered) and while outside the Territory any act which, if done in the
Territory would constitute one of the prescribed offences, his act shall
constitute that offence if it is done in connection with the offence of
hijacking committed or attempted by him on board that aircraft.
(2) It shall be an offence for any person in the Territory to induce or
assist the commission outside the Territory of any act which -
(a) would, but for subsection (2) of section 1 of this Act, be an
offence under that section; or
(b) would, but for subsection (4) of section 2 of this Act, be an
offence under that section; or
(c) would, but for subsection (5) or (6) of section 3 of this Act,
be an offence under that section.
(3) A person who commits an offence under subsection (2) above
shall be liable on conviction to imprisonment for life.
(4) Subsection (2) above shall have effect without prejudice to the
operation, in relation to any offence under section 1, 2 or 3 of this Act,
of any enactment or rule of law relating to accessories or abettors.
Powers exercisable on suspicion of intended offence under Part I
7. - (1) Where a police officer has reasonable cause to suspect that
a person about to embark on an aircraft in the Territory, or a person on
board such an aircraft, intends to commit, in relation to the aircraft, an
offence under any of the preceding provisions of this Part of this Act
(other than section 4), the police officer may prohibit him from
travelling on board the aircraft, and for the purpose of enforcing that
prohibition the police officer -
(a) may prevent him from embarking on the aircraft or, as the
case may be, may remove him from the aircraft; and
(b) may arrest him without warrant and detain him for so long
as may be necessary for that purpose.
(2) Any person who intentionally obstructs a person acting in the
exercise of a power conferred on him by subsection (1) above shall be
guilty of an offence and liable on conviction to a fine or to
imprisonment for a term not exceeding two years or to both.
(3) Subsection (1) above shall have effect without prejudice to the
operation in relation to any offence under this Act of any enactment or
rule of law relating to the power of arrest without warrant.
Prosecution of offences and proceedings
8. Proceedings for an offence under any of the preceding provisions
of this Act (other than sections 4 and section 7) shall not be instituted
in the Territory except by or with the consent of the person for the time
being performing the functions of Attorney-General of the Territory.
PART II OF THE AVIATION SECURITY ACT 1982
PROTECTION OF AIRCRAFT, AERODROMES AND AIR
NAVIGATION INSTALLATIONS AGAINST ACTS OF VIOLENCE
General Purposes
Purposes to which Part II applies
10. - (1) The purposes to which this Part of this Act applies are the
protection against acts of violence -
(a) of aircraft, and of persons or property on board aircraft;
(b) of aerodromes, and of such persons or property as (in the
case of persons) are at any time present in any part of an
aerodrome or (in the case of property) forms part of an
aerodrome or is at any time (whether permanently or
temporarily) in any part of an aerodrome; and
(c) of air navigation installations which do not form part of an
aerodrome.
(2) In this Part of this Act "act of violence" means any act (whether
actual or potential, and whether done or to be done in the Territory or
elsewhere) which either -
(a) being an act done in the Territory, constitutes, or
(b) if done in the Territory would constitute,
one of the prescribed offences or the offence of criminal damage.
Powers of Governor
Power for Governor to require information
11. - (1) The Governor may, by notice in writing served on any
person who -
(a) is the operator of one or more aircraft registered or
operating in the Territory,
(b) is the manager of an aerodrome in the Territory,
(c) occupies any land forming part of an aerodrome in the
Territory, or
(d) is permitted to have access to a restricted zone of an
aerodrome for the purposes of the activities of a business
carried on by him,
require that person to provide the Governor with such information
specified in the notice as the Governor may require in connection with
the exercise by the Governor of his functions under this Part of this
Act.
(2) A notice under subsection (1) above shall specify a date (not
being earlier than seven days from the date on which the notice is
served) before which the information required by the notice in
accordance with subsection (1) above is to be furnished to the
Governor.
(3) Any such notice may also require the person on whom it is
served, after he has furnished to the Governor the information required
by the notice in accordance with subsection (1) above, to inform the
Governor if at any time the information previously furnished to the
Governor (including any information furnished in pursuance of a
requirement imposed by virtue of this subsection) is rendered
inaccurate by any change of circumstances (including the taking of any
further measures for purposes to which this Part of this Act applies or
the alteration or discontinuance of any measures already being taken).
(4) In so far as such a notice requires further information to be
furnished to the Governor in accordance with subsection (3) above, it
shall require that information to be furnished to him before the end of
such period not being less than seven days from the date on which the
change of circumstances occurs as is specified in the notice for the
purposes of this subsection.
(5) Any person who -
(a) without reasonable excuse, fails to comply with a
requirement imposed on him by a notice under this section, or
(b) in furnishing any information so required, makes a
statement which he knows to be false in a material particular, or
recklessly makes a statement which is false in a material
particular,
shall be guilty of an offence and liable on conviction to a fine or to
imprisonment for a term not exceeding two years or to both.
(6) A notice served on a person under subsection (1) above may at
any time -
(a) be revoked by a notice in writing served on him by the
Governor, or
(b) be varied by a further notice under subsection (1) above.
Designation of restricted zones
11A. - (1) The Governor may, after consulting the manager of an
aerodrome and the authority responsible for any air navigation
installation, designate the whole or any part of any aerodrome as a
restricted zone for the purposes of this Part of this Act.
(3) Where the Governor proposes to designate a restricted zone, he
may require the manager of the aerodrome to provide him with such
plans of the aerodrome as he may specify.
(7) The whole or any part of an aerodrome may be designated as a
restricted zone, or part of a restricted zone, for specified days or times
of day only.
(8) The Governor shall give notice of any designation under this
section to -
(a) the manager of the aerodrome, and
(b) the authority responsible for any air navigation installation
which forms part of the aerodrome,
and the designation of the restricted zone shall take effect on the giving
of the notice.
(9) In relation to an air navigation installation in the Territory which
does not form part of an aerodrome, this section has effect as if any
reference to an aerodrome were a reference to such an air navigation
installation and any reference to the manager of an aerodrome were a
reference to the authority responsible for such an air navigation
installation.
(10) Where the whole or any part of an aerodrome has been
designated under this section as a restricted zone -
(a) the foregoing subsections also have effect in relation to any
variation of the designation, and
(b) the designation may at any time be revoked by the
Governor.
Power to impose restrictions in relation to aircraft
12. - (1) For purposes to which this Part of this Act applies, the
Governor may give a direction in writing to the operator of any one or
more aircraft registered or operating in the Territory, or to the manager
of any aerodrome in the Territory requiring him -
(a) not to cause or permit persons or property to go or be taken
on board any aircraft to which the direction relates, or to come
or be brought into proximity to any such aircraft, unless such
searches of those persons or that property as are specified in the
direction have been carried out by police officers or by other
persons of a description specified in the direction, or
(b) not to cause or permit any such aircraft to fly unless such
searches of the aircraft as are specified in the direction have
been carried out by police officers or by other persons of a
description so specified.
(5) Subject to the following provisions of this Part of this Act, a
direction given to an operator of aircraft under subsection (1) above
may be given so as to relate -
(a) either to all the aircraft registered or operating in the
Territory of which at the time when the direction is given or at
any subsequent time he is the operator or only to one or more
such aircraft, or to a class of such aircraft, specified in the
direction;
(b) either to all persons or only to one or more persons, or
persons of one or more descriptions, specified in the direction;
and
(c) either to property of every description or only to particular
property, or property of one or more descriptions, specified in
the direction.
(6) Subject to the following provisions of this Part of this Act, a
direction given to the manager of an aerodrome under subsection (1)
above may be given so as to relate -
(a) either to all aircraft which at the time when the direction is
given or at any subsequent time are in any part of the
aerodrome, or to a class of such aircraft specified in the
direction;
(b) either to all persons or only to one or more persons, or
persons of one or more descriptions, specified in the direction;
and
(c) either to property of every description or only to particular
property, or property of one or more descriptions, specified in
the direction.
(7) Subject to the following provisions of this Part of this Act, any
direction given under this section to any person not to cause or permit
anything to be done shall be construed as requiring him to take all such
steps as in any particular circumstances are practicable and necessary
to prevent that thing from being done.
(8) A direction may be given under this section to a person
appearing to the Governor to be about to become -
(a) such an operator as is mentioned in subsection (1) above; or
(b) such a manager as is mentioned in subsection (1) above;
but a direction given to a person by virtue of this subsection shall not
take effect until he becomes such an operator or manager, and, in
relation to a direction so given, the preceding provisions of this section
shall apply with the necessary modifications.
(9) Any person who, without reasonable excuse, fails to comply with
a direction given to him under this section shall be guilty of an offence
and liable on conviction to a fine or to imprisonment for a term not
exceeding two years or to both.
(10) Where a person is convicted of an offence under subsection (9)
above, then, if without reasonable excuse the failure in respect of
which he was convicted is continued after the conviction, he shall be
guilty of a further offence and liable on conviction to a daily fine for
each day on which the failure continues.
Power to require aerodrome managers to promote searches at
aerodromes
13. - (1) For purposes to which this Part of this Act applies, the
Governor may give a direction in writing to the manager of any
aerodrome in the Territory requiring him to use his best endeavours to
secure that such searches to which this section applies as are specified
in the direction are carried out by police officers or by other persons of
a description specified in the direction.
(2) The searches to which this section applies, in relation to an
aerodrome, are searches -
(a) of the aerodrome or any part of it;
(b) of any aircraft which at the time when the direction is given
or at any subsequent time is in any part of the aerodrome; and
(c) of persons or property (other than aircraft) which may at any
such time be in any part of the aerodrome.
(3) Without prejudice to section 7 of this Act, where a direction
given under this section to the manager of an aerodrome is for the time
being in force, then if a police officer, or any other person specified in
the direction in accordance with this section, has reasonable cause to
suspect that an article to which section 4 of this Act applies is in, or
may be brought into, any part of the aerodrome, he may, by virtue of
this subsection and without a warrant, search any part of the aerodrome
or any aircraft, vehicle, goods or other moveable property of any
description which, or any person who, is for the time being in any part
of the aerodrome, and for that purpose -
(a) may enter any building or works in the aerodrome, or enter
upon any land in the aerodrome, if need be by force, and
(b) may stop any such aircraft, vehicle, goods, property or
person and detain it or him for so long as may be necessary for
that purpose.
(4) Any person who -
(a) without reasonable excuse fails to comply with a direction
given to him under this section, or
(b) intentionally obstructs a person in the exercise of a power
conferred on him by subsection (3) above,
shall be guilty of an offence and liable on conviction to a fine or to
imprisonment for a term not exceeding two years or to both.
(4A) Where a person is convicted of an offence under subsection
(4)(a) above, then, if without reasonable excuse the failure in respect of
which he was convicted is continued after the conviction he shall be
guilty of a further offence and liable on conviction to a daily fine for
each day on which the failure continues.
(5) Subsection (3) above shall have effect without prejudice to the
operation in relation to any offence under this Act of any enactment or
rule of law relating to the power of arrest without warrant.
Power to require other persons to promote searches
13A. - (1) For the purposes to which this Part of this Act applies,
the Governor may give a direction in writing to any person (other than
the manager of an aerodrome) who -
(a) occupies any land forming part of an aerodrome in the
Territory, or
(b) is permitted to have access to a restricted zone of such an
aerodrome for the purposes of the activities of a business
carried on by him,
requiring him to use his best endeavours to secure that such searches to
which this section applies as are specified in the direction are carried
out by police officers or by other persons of a description specified in
the direction.
(2) The searches to which this section applies are -
(a) in relation to a person falling within subsection (1)(a) above,
searches -
(i) of the land which he occupies within the aerodrome,
and
(ii) of persons or property which may at any time be on
that land; and
(b) in relation to a person falling within subsection (1)(b)
above, searches -
(i) of any land which he occupies outside the aerodrome
for the purposes of his business, and
(ii) of persons or property which may at any time be on
that land.
(3) Any person who, without reasonable excuse, fails to comply with
a direction given to him under this section shall be guilty of an offence
and liable on conviction to a fine or to imprisonment for a term not
exceeding two years, or to both.
(4) Where a person is convicted of an offence under subsection (3)
above, then, if without reasonable excuse the failure in respect of
which he was convicted is continued after the conviction, he shall be
guilty of a further offence and liable on conviction to a daily fine for
each day on which the failure continues.
General power to direct measures to be taken for purposes to which
Part II applies
14. - (1) Subsection (1A) below applies to any person who -
(a) is the operator of one or more aircraft registered or
operating in the Territory,
(b) is the manager of an aerodrome in the Territory,
(c) occupies any land forming part of an aerodrome in the
Territory, or
(d) is permitted to have access to a restricted zone of such an
aerodrome for the purposes of the activities of a business
carried on by him.
(1A) Subject to the following provisions of this section, the
Governor may give a direction in writing to any person to whom this
subsection applies requiring him to take such measures for purposes to
which this Part of this Act applies as are specified in the direction -
(a) in the case of a direction given to a person as the operator of
any aircraft, in respect of all the aircraft registered or operating
in the Territory of which (at the time when the direction is
given or at any subsequent time) he is the operator, or in respect
of any such aircraft, or any class of such aircraft, specified in
the direction;
(b) in the case of a direction given to a person as the manager of
an aerodrome, in respect of that aerodrome;
(c) in the case of a direction given to a person as a person
occupying any land forming part of an aerodrome, in respect of
any such land as is specified in the direction; and
(d) in the case of a direction given to a person as a person who
is permitted to have access to a restricted zone as mentioned in
subsection (1)(d) above, in respect of such activities carried on
by that person in that zone as are specified in the direction.
(2) Without prejudice to the generality of subsection (1A) above, the
measures to be specified in a direction given under this section to any
person to whom that subsection applies may include the provision by
that person of persons charged with the duty (at such times as may be
specified in the direction) -
(a) where the direction is given to a person as the operator of
aircraft, of guarding the aircraft against acts of violence;
(b) where the direction is given to a person as the manager of
an aerodrome, of guarding the aerodrome, or persons or
property (including aircraft) in any part of the aerodrome,
against acts of violence;
(c) where the direction is given to a person as falling within
subsection (1)(c) above, of guarding against acts of violence
any aircraft in the aerodrome which is for the time being under
his control; or
(d) where the direction is given to a person as falling within
subsection (1)(d) above, of guarding -
(i) any land outside the aerodrome occupied by him for
the purposes of his business, any vehicles or equipment
used for those purposes and any goods which are in his
possession for those purposes, and
(ii) any aircraft which is for the time being under his
control,
for purposes to which this Part of this Act applies.
(3) A direction given under this section may be either of a general or
of a specific character, and may require any measures specified in the
direction to be taken at such time or within such period as may be so
specified.
(5) A direction under this section -
(a) shall not require any search (whether of persons or of
property), and
(b) shall not require the modification or alteration of any
aircraft, or of any of its apparatus or equipment, or the
installation of additional apparatus or equipment, or prohibit
any aircraft from being caused or permitted to fly without some
modification or alteration of the aircraft or its apparatus or
equipment or the installation of additional apparatus or
equipment.
(6) A direction may be given under this section to a person
appearing to the Governor to be about to become a person to whom
subsection (1A) above applies, but a direction given to a person by
virtue of this subsection shall not take effect until he becomes such a
person, and, in relation to a direction so given, the preceding provisions
of this section shall apply with the necessary modifications.
(7) Any person -
(a) who, without reasonable excuse, fails to comply with a
direction given to him under this section, or
(b) intentionally interferes with any building constructed or
works executed on any land in compliance with a direction
under this section or with anything installed on, under, over or
across any land in compliance with such a direction,
shall be guilty of an offence and liable on conviction to a fine or to
imprisonment for a term not exceeding two years or to both.
(7A) Where a person is convicted of an offence under subsection
(7)(a) above, then, if without reasonable excuse the failure in respect of
which he was convicted is continued after the conviction, he shall be
guilty of a further offence and liable on conviction to a daily fine for
each day on which the failure continues.
(8) The ownership of any property shall not be affected by reason
only that it is placed on or under, or affixed to, any land in compliance
with a direction under this section.
Supplemental provisions with respect to directions
Matters which may be included in directions under sections 12 to 14
15. - (1) A direction under subsection (1) of section 12 or under
section 13 or 13A of this Act may specify the minimum number of
persons by whom any search to which the direction relates is to be
carried out, the qualifications which persons carrying out any such
search are to have, the manner in which any such search is to be carried
out, and any apparatus, equipment or other aids to be used for the
purpose of carrying out any such search.
(4) A direction under section 14 of this Act may specify -
(a) the minimum number of persons to be employed for the
purposes of any measures required by the direction to be taken
by the person to whom it is given, and the qualifications which
persons employed for those purposes are to have, and
(b) any apparatus, equipment or other aids to be used for those
purposes.
(5) Where a direction under any of the preceding provisions of this
Part of this Act requires searches to be carried out, or other measures to
be taken, by police officers, the direction may require the person to
whom it is given to inform the chief officer of police for the police area
in which the searches are to be carried out or the other measures taken
that the Governor considers it appropriate that police officers should be
duly authorised to carry, and should carry, firearms when carrying out
the searches or taking the measures in question.
(6) Nothing in the foregoing subsections shall be construed as
limiting the generality of any of the preceding provisions of this Part of
this Act.
(7) In this section "qualifications" includes training and experience.
Limitations on scope of directions under sections 12 to 14
16. - (1) Without prejudice to subsection (5) of section 15 of this
Act, a direction shall not require or authorise any person to carry a
firearm.
(2) A direction shall not have effect in relation to any aircraft used in
military, customs or police service.
(3) A direction shall not have effect in relation to any aircraft of
which the operator is the Government of a country outside the
Territory or is a department or agency of such a Government, except at
a time when any such aircraft is being used for the carriage of
passengers or cargo for reward or is for the time being allocated by that
Government, department or agency for such use.
(4) A direction (except in so far as it requires any building or other
works to be constructed, executed, altered, demolished or removed)
shall not be construed as requiring or authorising the person to whom
the direction was given, or any person acting as his employee or agent,
to do anything which, apart from the direction, would constitute an act
of violence; but nothing in this subsection shall restrict the use of such
force as is reasonable in the circumstances (whether at the instance of
the person to whom the direction was given or otherwise) by a police
officer, or its use by any other person in the exercise of a power
conferred by section 7(1) or 13(3) of this Act or by any of the
following provisions of this Act.
(5) In so far as a direction requires anything to be done or not done
at a place outside the Territory -
(a) it shall not have effect except in relation to aircraft
registered in the Territory, and
(b) it shall not have effect so as to require anything to be done
or not done in contravention of any provision of the law
(whether civil or criminal) in force at that place, other than any
such provision relating to breach of contract.
(6) In so far as a direction given to the manager of an aerodrome or
to any person mentioned in section 14(1)(c) or (d) of this Act requires
any building or other works to be constructed, executed, altered,
demolished or removed on land outside the aerodrome, or requires any
other measures to be taken on such land, the direction shall not confer
on the person to whom it is given any rights as against a person
having -
(a) an interest in that land, or
(b) a right to occupy that land, or
(c) a right restrictive of its use;
and accordingly the direction shall not be construed as requiring the
person to whom it is given to do anything which would be actionable at
the suit or instance of such a person having such interest or right in his
capacity as a person having that interest or right.
(7) Nothing in this section shall be construed as derogating from any
exemption or immunity of the Crown in relation to the provisions of
this Part of this Act.
(8) In this section "direction" means a direction under section 12, 13,
13A or 14 of this Act.
General or urgent directions under sections 12 to 14
17. - (1) A direction given to any person under section 12, 13, 13A
or 14 of this Act need not be addressed to that particular person, but
may be framed in general terms applicable to all persons to whom such
a direction may be given or to any class of such persons to which that
particular person belongs.
(2) If it appears to the Governor that an exception from any direction
given under any of those sections is required as a matter of urgency in
any particular case he may, by a notification given (otherwise than in
writing) to the person for the time being subject to the direction,
authorise that person to disregard the requirements of the direction -
(a) in relation to such aircraft or class of aircraft, in relation to
such aerodrome or part of an aerodrome, in relation to such
land outside an aerodrome, in relation to such activities, or in
relation to such persons or property or such description of
persons or property, and
(b) on such occasion or series of occasions, or for such period,
as he may specify; and the direction shall have effect in that case
subject to any exceptions so specified.
(3) Any notification given to any person under subsection (2) above
with respect to any direction shall cease to have effect (if it has not
already done so) -
(a) if a direction in writing is subsequently given to that person
varying or revoking the original direction; or
(b) if no such direction in writing is given within the period of
thirty days beginning with the date on which the notification
was given, at the end of that period.
(4) Any notification given under subsection (2) above shall be
regarded as given to the person to whom it is directed if it is given -
(a) to any person authorised by that person to receive any such
direction or notification;
(b) where that person is a body corporate, to the secretary, clerk
or similar officer of the body corporate; and
(c) in any other case, to anyone holding a comparable office or
position in that person's employment.
Objections to certain directions under section 14
18. - (1) This section applies to any direction given under section
14 of this Act which -
(a) requires a person to take measures consisting of or including
the construction, execution, alteration, demolition or removal of
a building or other works; and
(b) does not contain a statement that the measures are urgently
required and that accordingly the direction is to take effect
immediately.
(2) At any time before the end of the period of thirty days beginning
with the date on which a direction to which this section applies is
given, the person to whom the direction is given may serve on the
Governor a notice in writing objecting to the direction, on the grounds
that the measures specified in the direction, in so far as they relate to
the construction, execution, alteration, demolition or removal of a
building or other works -
(a) are unnecessary and should be dispensed with; or
(b) are excessively onerous or inconvenient and should be
modified in a manner specified in the notice.
(3) Where the person to whom such a direction is given serves a
notice under subsection (2) above objecting to the direction, the
Governor shall consider the grounds of the objection and, if so required
by the objector, shall afford to him an opportunity of appearing before,
and being heard by, a person appointed by the Governor for the
purpose, and shall then serve on the objector a notice in writing either -
(a) confirming the direction as originally given; or
(b) confirming it subject to one or more modifications specified
in the notice under this subsection; or
(c) withdrawing the direction;
and the direction shall not take effect until it has been confirmed (with
or without modifications) by a notice served under this subsection.
Enforcement notices
18A. - (1) Where an authorised person is of the opinion that any
person has failed to comply with any general requirement of a direction
given to him under section 12, 13, 13A or 14 of this Act, the authorised
person may serve on that person a notice (in this Part of this Act
referred to as an "enforcement notice ") -
(a) specifying those general requirements of the direction with
which he has, in the opinion of the authorised person, failed to
comply, and
(b) specifying, subject to section 18B of this Act, the measures
that ought to be taken in order to comply with those
requirements.
(2) For the purposes of this section a requirement of a direction
given by the Governor under section 12, 13, 13A or 14 of this Act is a
"general requirement " if the provision imposing the requirement -
(a) has been included in two or more directions given to
different persons (whether or not at the same time), and
(b) is framed in general terms applicable to all the persons to
whom those directions are given.
Contents of enforcement notice
18B. - (1) An enforcement notice may specify in greater detail
measures which are described in general terms in those provisions of
the direction to which it relates which impose general requirements,
but may not impose any requirement which could not have been
imposed by a direction given by the Governor under the provision
under which the direction was given.
(2) An enforcement notice may be framed so as to afford the person
on whom it is served a choice between different ways of complying
with the specified general requirements of the direction.
(3) An enforcement notice which relates to a direction given under
section 12 of this Act must require the person to whom the direction
was given not to cause or permit things to be done as mentioned in
subsection (1)(a) or (b) of that section, as the case requires, until the
specified measures have been taken.
(5) An enforcement notice which relates to a direction given under
section 13, 13A or 14 of this Act must either -
(a) require the person to whom the direction was given to take
the specified measures within a specific period which -
(i) where the measures consist of or include the
construction, execution, alteration, demolition or
removal of a building or other works, must not be less
than thirty days beginning with the date of service of the
notice, and
(ii) in any other case, must not be less than seven days
beginning with that date; or
(b) require him not to do specified things, or cause or permit
specified things to be done, until the specified measures have
been taken.
(6) Subject to section 18E(2) of this Act, an enforcement notice
requiring a person not to cause or permit anything to be done shall be
construed as requiring him to take all such steps as in any particular
circumstances are practicable and necessary to prevent that thing from
being done.
Offences relating to enforcement notices
18C. - (1) Any person who, without reasonable excuse, fails to
comply with an enforcement notice served on him shall be guilty of an
offence and liable on conviction to a fine.
(2) Where a person is convicted of an offence under subsection (1)
above, then, if without reasonable excuse the failure in respect of
which he was convicted is continued after the conviction, he shall be
guilty of a further offence and liable on conviction to a daily fine for
each day on which the failure continues.
(3) Any person who intentionally interferes with any building
constructed or works executed on any land in compliance with an
enforcement notice or with anything installed on, under, over or across
any land in compliance with such a notice shall be guilty of an offence
and liable on conviction to a fine.
Objections to enforcement notices
18D. - (1) The person on whom an enforcement notice is served
may serve on the Governor a notice in writing of his objection to the
enforcement notice, specifying the grounds of the objection.
(2) Any notice of objection under subsection (1) above must be
served -
(a) where the enforcement notice specifies measures falling
within section 18B(5)(a)(i) of this Act, before the end of the
period of thirty days beginning with the date on which the
enforcement notice was served, or
(b) in any other case, before the end of the period of seven days
beginning with that date.
(3) The grounds of objection to an enforcement notice are -
(a) that the general requirements of the direction which are
specified in the notice for the purposes of section 18A(1)(a) of
this Act have been complied with,
(b) that the notice purports to impose a requirement which
could not have been imposed by a direction given under the
provision under which the direction to which the notice relates
was given, or
(c) that any requirement of the notice -
(i) is unnecessary for complying with the general
requirements specified as mentioned in paragraph (a)
above and should be dispensed with, or
(ii) having regard to the terms of those general
requirements, is excessively onerous or inconvenient
and should be modified in a manner specified in the
notice of objection under subsection (1) above.
(4) Where the person on whom an enforcement notice is served
serves a notice under subsection (1) above objecting to the enforcement
notice, the Governor shall consider the grounds of the objection and, if
so required by the objector, shall afford to him an opportunity of
appearing before and being heard by a person appointed by the
Governor for the purpose, and shall then serve on the objector a notice
in writing either -
(a) confirming the enforcement notice as originally served, or
(b) confirming it subject to one or more modifications specified
in the notice under this subsection, or
(c) cancelling the enforcement notice.
(5) An enforcement notice to which an objection has been made
under subsection (1) above -
(a) if it contains such a requirement as is mentioned in section
18B(3) of (5)(b) of this Act, shall continue to have effect as
originally served until it has been cancelled, or it has been
confirmed subject to modification by a notice under subsection
(4) above, and
(b) in any other case, shall not take effect until it has been
confirmed (with or without modification) by a notice under
subsection (4) above.
Enforcement notices: supplementary
18E. - (1) An enforcement notice served on any person -
(a) may be revoked by a notice served on him by an authorised
person, and
(b) may be varied by a further enforcement notice.
(2) Sections 15 and 16 of this Act apply to an enforcement notice as
they apply to the direction to which the notice relates.
(3) The ownership of any property shall not be affected by reason
only that it is placed on or under or affixed to, any land in compliance
with an enforcement notice.
(4) Where an authorised person has served an enforcement notice
specifying the general requirements of a direction with which the
person on whom it is served has, in the opinion of the authorised
person, failed to comply, the person on whom the notice is served shall
not be taken, for the purposes of section 12(9), 13(4), 13A(3) or 14(7)
of this Act, to have failed to comply with the direction by reason of the
matters specified in the notice.
(5) Subsection (4) above does not apply in relation to any
proceedings commenced before the service of the enforcement notice.
(6) Where an enforcement notice has been served in relation to a
direction, the fact that the notice specifies certain general requirements
of the direction as those with which the person on whom the notice is
served has, in the opinion of the authorised person, failed to comply
shall not in any proceedings be evidence that any other requirement of
the direction has been complied with.
(7) In this section "direction" means a direction under section 12, 13,
13A or 14 of this Act.
Operation of directions under Part II in relation to rights and duties
under other laws
19. - (1) The following provisions of this section, where they refer
to a direction under any of the preceding provisions of this Part of this
Act, shall be construed as referring to that direction as it has effect
subject to any limitation imposed on its operation -
(a) by section 16 of this Act, or
(b) by any exemption or immunity of the Crown;
and any reference in those provisions to compliance with such a
direction shall be construed as a reference to compliance with it subject
to any limitation so imposed.
(2) In so far as any such direction requires anything to be done or not
done in the Territory, the direction shall have effect notwithstanding
anything contained in any contract (whether a Territory contract or not)
or contained in, or having effect by virtue of, any other Act or any rule
of law; and accordingly no proceedings (whether civil or criminal)
shall lie against any person in any Territory court by reason of anything
done or not done by him or on his behalf in compliance with such a
direction.
(3) In so far as a direction requires anything to be done or not done
at a place outside the Territory, the direction shall have effect
notwithstanding anything contained in any contract (whether a
Territory contract or not); and accordingly, where such a direction is
inconsistent with anything in such a contract, it shall (without prejudice
to any proceedings in a court other than a Territory court) be construed
as requiring compliance with the direction notwithstanding that
compliance would be in breach of that contract.
(4) No proceedings for breach of contract shall lie against any
person in a Territory court by reason of anything done or not done by
him or on his behalf at a place outside the Territory in compliance with
any such direction, if the contract in question is a Territory contract.
(4A) Any reference in this section to a direction under any of the
preceding provisions of this Part of this Act includes a reference to an
enforcement notice.
(5) In this section "Territory court" means a court exercising
jurisdiction in the Territory under the law of the Territory, and
"Territory contract " means a contract which is either expressed to have
effect in accordance with the law of the Territory or (not being so
expressed) is a contract the law applicable to which is the law of the
Territory.
Inspection of aircraft and aerodromes
20. - (1) For the purpose of enabling the Governor to determine
whether to give a direction to any person under any of the preceding
provisions of this Part of this Act, or of ascertaining whether any such
direction or any enforcement notice is being or has been complied
with, an authorised person shall have power, on production (if
required) of his credentials, to inspect -
(a) any aircraft registered or operating in the Territory, at a time
when it is in the Territory, or
(b) any part of any aerodrome in the Territory, or
(c) any land outside an aerodrome which is occupied for the
purposes of a business by a person who -
(i) also occupies (or appears to the authorised person to
be about to occupy) land within an aerodrome for the
purposes of that business, or
(ii) is permitted (or appears to the authorised person to
be about to be permitted) to have access to a restricted
zone of an aerodrome for the purposes of the activities
of that business.
(2) An authorised person inspecting an aircraft, any part of an
aerodrome or any land outside an aerodrome under subsection (1)
above shall have power -
(a) to subject any property found by him in the aircraft (but not
the aircraft itself or any apparatus or equipment installed in it)
or, as the case may be, to subject that part of the aerodrome or
any property found by him there or on that land, to such tests,
or
(aa) to take such steps -
(i) to ascertain what practices or procedures are being
followed in relation to security, or
(ii) to test the effectiveness of any practice or procedure
relating to security; or
(b) to require the operator of the aircraft, the manager of the
aerodrome or the occupier of the land, to furnish to him such
information,
as the authorised person may consider necessary for the purpose for
which the inspection is carried out.
(3) Subject to subsection (4) below, an authorised person, for the
purpose of exercising any power conferred on him by the preceding
provisions of this section in relation to an aircraft, in relation to an
aerodrome or in relation to any land outside an aerodrome, shall have
power -
(a) for the purpose of inspecting an aircraft, to enter it and to
take all such steps as are necessary to detain it, or
(b) for the purpose of inspecting any part of an aerodrome, to
enter any building or works in the aerodrome or enter upon any
land in the aerodrome, or
(c) for the purpose of inspecting any land outside an aerodrome,
to enter upon the land and to enter any building or works on the
land.
(4) The powers conferred by subsection (3) above shall not include
power for an authorised person to use force for the purpose of entering
any aircraft, building or works or entering upon any land.
(5) Any person who -
(b) without reasonable excuse, fails to comply with a
requirement imposed on him under subsection (2)(b) above, or
(c) in furnishing any information so required, makes a
statement which he knows to be false in a material particular, or
recklessly makes a statement which is false in a material
particular,
shall be guilty of an offence and liable on conviction to a fine or to
imprisonment for a term not exceeding two years or to both.
Air navigation installations
Application of provisions of Part II to air navigation installations
21. - (1) Sections 11, 13, 13A, 14, 15, 16 and 20 of this Act shall
have effect in relation to air navigation installations in the Territory in
accordance with the following provisions of this section.
(2) In relation to any such air navigation installation which does not
form part of an aerodrome, those sections shall have effect, subject to
subsection (5) below, as if in them any reference to an aerodrome were
a reference to such an air navigation installation and any reference to
the manager of an aerodrome were a reference to the authority
responsible for such an air navigation installation.
(3) Where an air navigation installation forms part of an aerodrome
in the Territory, those sections shall have effect, subject to subsection
(5) below, as if in them any reference to an aerodrome were a reference
either -
(a) to an aerodrome, or
(b) to an air navigation installation which forms part of an
aerodrome, or
(c) to so much of an aerodrome as does not consist of an air
navigation installation;
and accordingly a notice under section 11 of this Act or a direction
under section 13 or 14 of this Act may be served or given either in
respect of the whole of the aerodrome, or in respect of the air
navigation installation separately, or in respect of so much of the
aerodrome as does not consist of an air navigation installation.
(4) For the purposes -
(a) of the service of a notice or the giving of a direction under
section 11, 13 or 14 of this Act as modified by subsection (3)
above, where the notice is to be served or the direction given in
respect of an air navigation installation separately, and
(b) of the operation of section 16(6) of this Act in relation to a
direction so given,
any reference in any of those sections to the manager of the aerodrome
shall be construed as a reference to any person who is either the
manager of the aerodrome or the authority responsible for the air
navigation installation.
(5) Subsections (2) and (3) above shall not apply to section 13(3) of
this Act; but where a direction given under section 13 of this Act, as
applied or modified by the preceding provisions of this section, is for
the time being in force -
(a) if it is a direction given in respect of an air navigation
installation separately (whether that installation forms part of an
aerodrome or not), the said section 13(3) shall have effect in
relation to that direction as if the air navigation installation
were an aerodrome and, where the direction was given to the
authority responsible for the air navigation installation, as if it
had been given to the manager of that aerodrome;
(b) if it is a direction given in respect of so much of an
aerodrome as does not consist of an air navigation installation,
the said section 13(3) shall have effect in relation to that
direction as if any air navigation installation comprised in the
aerodrome did not form part of the aerodrome.
(6) A direction under section 14 of this Act, as applied or modified
by the preceding provisions of this section, may be given to the
authority responsible for one or more air navigation installations so as
to relate either -
(a) to all air navigation installations in the Territory for which it
is responsible at the time when the direction is given or at any
subsequent time, or
(b) only to one or more such air navigation installations, or to a
class of such air navigation installations, specified in the
direction.
(7) Any reference in section 17, 18(1), 18A, 18B, 18E or 19(1) of
this Act to a direction given under a provision therein mentioned shall
be construed as including a reference to a direction given under that
provision as applied or modified by the preceding provisions of this
section.
(8) Notwithstanding anything in subsection (2)(a) of section 20 of
this Act, a person inspecting an air navigation installation under this
section (or under that section as applied or modified by the preceding
provisions of this section) shall not be empowered thereby to test any
apparatus or equipment which constitutes or forms part of the air
navigation installation.
Offences relating to security at aerodromes etc.
False statements relating to baggage, cargo etc.
21A. - (1) Subject to subsection (3) below, a person commits an
offence if, in answer to a question which -
(a) relates to any baggage, cargo or stores (whether belonging
to him or to another) that is or are intended for carriage by a
civil aircraft registered or operating in the Territory, and
(b) is put to him for purposes to which this Part of this Act
applies -
(i) by any of the persons mentioned in subsection (2)
below,
(ii) by any employee or agent of such a person in his
capacity as employee or agent, or
(iii) by a police officer,
he makes a statement which he knows to be false in a material
particular, or recklessly makes a statement which is false in a
material particular.
(2) The persons referred to in subsection (1)(b) above are -
(a) the manager of an aerodrome in the Territory,
(b) the operator of one or more aircraft registered or operating
in the Territory, and
(c) any person who -
(i) is permitted to have access to a restricted zone of an
aerodrome for the purposes of the activities of a
business carried on by him, and
(ii) has control in that restricted zone over the baggage,
cargo or stores to which the question relates;
(d) any air cargo agent who is included on the list of security
approved air cargo agents maintained by the Governor pursuant
to regulations made under section 21F of this Act.
(3) Subsection (1) above does not apply in relation to any statement
made by an authorised person in the exercise of the power conferred by
section 20(2)(aa) of this Act.
(4) A person guilty of an offence under subsection (1) above shall be
liable on conviction to a fine.
(5) In this section -
"cargo" includes mail;
"civil aircraft" has the same meaning as in section 3 of this Act;
and
"stores" means goods intended for sale or use on an aircraft,
including spare parts and other articles of equipment, whether
or not for immediate fitting.
False statements in connection with identity documents
21B. - (1) Subject to subsection (4) below, a person commits an
offence if -
(a) for the purpose of, or in connection with, an application
made by him or another for the issue of an identity document to
which this subsection applies, or
(b) in connection with the continued holding by him or another
of any such document which has already been issued,
he makes to any of the persons specified in subsection (3) below, to
any employee or agent of such a person or to a police officer, a
statement which he knows to be false in a material particular, or
recklessly makes to any of those persons, to any such employee or
agent or to a police officer, a statement which is false in a material
particular.
(2) Subsection (1) above applies to any identity document which is
to be or has been issued by any of the persons specified in subsection
(3) below in accordance with arrangements the maintenance of which
is required by a direction given by the Governor under section 14 of
this Act.
(3) The persons referred to in subsection (1) above are -
(a) the manager of an aerodrome in the Territory,
(b) the authority responsible for an air navigation installation in
the Territory,
(c) the operator of one or more aircraft registered or operating
in the Territory,
(d) any person who is permitted to have access to a restricted
zone of an aerodrome or air navigation installation for the
purposes of the activities of a business carried on by him, and
(e) any air cargo agent who is included on the list of security
approved air cargo agents maintained by the Governor pursuant
to regulations made under section 21F of this Act.
(4) Subsection (1) above does not apply in relation to any statement
made by an authorised person in the exercise of the power conferred by
section 20(2)(aa) of this Act.
(5) A person guilty of an offence under subsection (1) above shall be
liable on conviction to a fine.
Unauthorised presence in restricted zone
21C. - (1) A person shall not -
(a) go, with or without a vehicle, onto any part of a restricted
zone of -
(i) an aerodrome, or
(ii) an air navigation installation which does not form
part of an aerodrome,
except with the permission of the manager of the aerodrome,
the authority responsible for the air navigation installation or a
person acting on behalf of that manager or authority, and in
accordance with any conditions subject to which that
permission is for the time being granted, or
(b) remain on any part of such a restricted zone after being
requested to leave by the manager of the aerodrome, the
authority responsible for the air navigation installation or a
person acting on behalf of that manager or authority.
(2) Subsection (1)(a) above does not apply unless it is proved that, at
the material time, notices stating that the area concerned was a
restricted zone were posted so as to be readily seen and read by persons
entering the restricted zone.
(3) A person who contravenes subsection (1) above without lawful
authority or reasonable excuse shall be guilty of an offence and liable
on conviction to a fine.
Unauthorised presence on board aircraft
21D. - (1) A person shall not -
(a) get into or onto an aircraft at an aerodrome in the Territory
except with the permission of the operator of the aircraft or a
person acting on his behalf, or
(b) remain on an aircraft at such an aerodrome after being
requested to leave by the operator of the aircraft or a person
acting on his behalf.
(2) A person who contravenes subsection (1) above without lawful
authority or reasonable excuse shall be guilty of an offence and liable
on conviction to a fine.
Offences relating to authorised persons
21E. - (1) A person who -
(a) intentionally obstructs an authorised person acting in the
exercise of a power conferred on him by or under this Part of
this Act, or
(b) falsely pretends to be an authorised person,
commits an offence.
(2) A person guilty of an offence under subsection (1)(a) above shall
be liable on conviction to a fine or to imprisonment for a term not
exceeding two years or to both.
(3) A person guilty of an offence under subsection (1)(b) above shall
be liable on conviction to a fine.
Air cargo agents
Air cargo agents
21F. - (1) The Governor may make regulations for the purposes to
which this Part of this Act applies, in relation to persons (in this section
referred to as " air cargo agents") who carry on a business of handling
cargo which is to be delivered (whether by them or any other person)
to the operator of any aircraft for carriage from any aerodrome in the
Territory by a civil aircraft.
(2) Regulations under this section may, in particular -
(a) enable the Governor to maintain a list of air cargo agents
who are approved by him for purposes related to aviation
security, to include the name of an air cargo agent on that list,
on application being made to the Governor in accordance with
the regulations, if he is satisfied as to such matters as are
specified in the regulations, and to remove the name of any
person from that list in such circumstances as are so specified,
(b) provide that any provision of this Part of this Act which
applies in relation to persons who are permitted to have access
to a restricted zone of an aerodrome for the purposes of the
activities of a business (including any such provision which
creates a criminal offence) shall also apply, with such
modifications as are specified in the regulations, in relation to
air cargo agents included on any such list,
(d) make provision (including any such provision as is
mentioned in paragraphs (a) and (b) above) relating to a class of
air cargo agents specified in the regulations and not to other air
cargo agents,
(e) make different provision for different cases, and
(f) make such incidental supplementary or transitional
provision as the Governor considers necessary or expedient in
consequence of any provision made by the regulations.
(3) Before making any regulations under this section the Governor
shall consult organisations appearing to him to represent persons
affected by the proposed regulations.
(5) Without prejudice to the generality of sections 12 and 14 of this
Act, the exemptions that may be included in any direction given to an
operator of aircraft under section 12 or 14 which requires the carrying
out of searches of cargo, or the taking of any other measures in relation
to cargo, include exemptions from such requirements in relation to
cargo received from any air cargo agent included on any list
maintained by the Governor under regulations under this section or
from any air cargo agent falling within a class of such air cargo agents
specified in the direction.
(6) In this section -
"cargo" includes stores and mail; and
"stores" means any goods intended for sale or use on an
aircraft, including spare parts and other articles of equipment,
whether or not for immediate fitting.
Reporting of certain occurrences relating to aviation security
Duty to report certain occurrences
21G. - (1) For purposes to which this Part of this Act applies, the
Governor may make regulations requiring such persons as are specified
in the regulations to make a report to him, in such manner and within
such period as are specified, of any occurrence of a description so
specified.
(2) Before making any regulations under this section, the Governor
shall consult organisations appearing to him to represent persons
affected by the proposed regulations.
(3) Regulations under this section may -
(a) provide that any person who, in making a report required by
the regulations, makes a statement which he knows to be false
in a material particular, or recklessly makes a statement which
is false in a material particular, is to be guilty of an offence and
liable on conviction to a fine or to imprisonment for a term not
exceeding two years or to both, and
(b) provide for persons to be guilty of an offence in such other
circumstances as may be specified in the regulations and to be
liable on conviction to a fine.
(4) Regulations under this section may require the reporting of
occurrences taking place outside the Territory only if those occurrences
relate to aircraft registered in the Territory.
Miscellaneous supplemental provisions
Compensation in respect of certain measures taken under Part II
22. - (1) The provisions of this section shall have effect where, in
compliance with a direction under section 14 of this Act or under that
section as applied or modified by section 21 of this Act, or in
compliance with an enforcement notice, the person to whom the
direction was given or on whom the notice was served takes any
measures consisting of the construction, execution, alteration,
demolition or removal of a building or other works on land either
within or outside an aerodrome or air navigation installation, as the
case may be.
(2) If the value of any interest in that land to which a person is
entitled is depreciated in consequence of the taking of those measures,
or the person having such an interest suffers loss in consequence of
them by being disturbed in his enjoyment of any of that land, he shall
be entitled to compensation equal to the amount of the depreciation or
loss.
(3) If any land other than the land on which the measures are taken is
injuriously affected by the taking of those measures, any person having
an interest in that other land, who suffers loss in consequence of its
being injuriously affected, shall be entitled to compensation equal to
the amount of the loss.
(4) Any compensation to which a person is entitled under this
section shall be payable to him by the person by whom the measures in
question were taken.
(5) The provisions of Schedule 1 to this Act shall have effect for the
purposes of this section; and the preceding provisions of this section
shall have effect subject to the provisions of that Schedule.
Annual report by Governor as to notices and directions
23. - (1) The Governor shall, at the first session of the Legislative
Council in each year, lay before the Council a report stating the
number of notices served by him under section 11 of this Act and the
number of directions given by him under sections 12, 13, 13A and 14
of this Act and the number of enforcement notices served by authorised
persons during the period of twelve months which expired with the
preceding December.
(3) In this section any reference to section 11, 13, 13A or 14 of this
Act shall be construed as a reference to that section as applied or
modified by section 21 of this Act.
Service of documents
24. - (1) This section has effect in relation to any notice, any
document containing a direction and any other document authorised or
required by any provision of this Part of this Act to be served on or
given to any person.
(2) Any such document may be given to or served on any person -
(a) by delivering it to him, or
(b) by leaving it at his proper address, or
(c) by sending it by post to him at that address, or
(d) by sending it to him at that address by telex or other similar
means which produce a document containing the text of the
communication.
(3) Any such document may, in the case of a body corporate, be
given to or served on the secretary, clerk or similar officer of that body.
(4) For the purposes of this section (and any general provision of the
law of the Territory relating to the service of documents by post in its
application to this section), the proper address of any person to whom
or on whom any document is to be given or served is his usual or last
known address or place of business (whether in the Territory or
elsewhere), except that in the case of a body corporate or its secretary,
clerk or similar officer, it shall be the address of the registered or
principal office of that body in the Territory (of, if it has no office in
the Territory, of its principal office, wherever it may be).
(5) If the person to or on whom any document mentioned in
subsection (1) above is to be given or served has notified the Governor
of an address within the meaning of subsection (4) above, as the one at
which he or someone else on his behalf will accept documents of the
same description as that document, that address shall also be treated for
the purposes of this section and such provision of the law of the
Territory as his proper address.
(6) Where an authorised person -
(a) intends to serve an enforcement notice on any person ("the
intended recipient"), and
(b) is of the opinion that all the requirements of the notice could
be complied with by an employee or agent of the intended
recipient,
the authorised person may, after consulting that employee or agent,
serve the notice on the intended recipient by delivering it to that
employee or agent or by sending it to that employee or agent at the
proper address of the employee or agent by such means as are
mentioned in subsection (2)(d) above.
(7) An authorised person who serves an enforcement notice under
subsection (6) above on an employee or agent of the intended recipient
shall serve a copy of the notice on the intended recipient.
(8) Nothing in subsection (6) above shall be taken to impose on the
employee or agent to whom the enforcement notice is delivered or sent
any obligation to comply with it.
Interpretation of Part II
24A. - (1) In this Part of this Act, except in so far as the context
otherwise requires -
"act of violence" has the meaning given by section 10(2) of this
Act,
"authorised person" means the Governor or a person authorised
in writing by the Governor for the purposes of this Part of this
Act,
"employee", in relation to a body corporate, includes officer,
"enforcement notice" has the meaning given by section 18A(1)
of this Act, and
"restricted zone", in relation to an aerodrome or air navigation
installation, means any part of the aerodrome or installation
designated under section 11A of this Act or, where the whole of
the aerodrome or installation is so designated, that aerodrome
or installation.
(2) For the purposes of this Part of this Act a person is permitted to
have access to a restricted zone of an aerodrome or air navigation
installation if he is permitted to enter that zone or if arrangements exist
for permitting any of his employees or agents to enter that zone.
PART V OF THE AVIATION SECURITY ACT 1982
MISCELLANEOUS AND GENERAL
Offences by bodies corporate
37. - (1) Where an offence under this Act (including any provision
of Part II as applied by regulations made under section 21F of this Act)
or under regulations made under section 21G of this Act has been
committed by a body corporate and is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect
on the part of, any director, manager, secretary or other similar officer
of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) above shall apply in relation to the acts and
defaults of a member in connection with his functions of management
as if he were a director of the body corporate.
Interpretation
38. - (1) In this Act, except in so far as the context otherwise
requires -
"aerodrome" means any area of land or water designed,
equipped, set apart or commonly used for affording facilities
for the landing and departure of aircraft (and the buildings and
works thereon) and includes -
(a) any area or space, whether on the ground, or on the roof of a
building or elsewhere, which is designed or equipped or set
apart for affording facilities for the landing and departure of
aircraft capable of descending or climbing vertically;
(b) any land, building or works situated within the boundaries
of an area designated, by an order made by the Governor which
is for the time being in force, as constituting the area of an
aerodrome for the purposes of this Act;
"air navigation installation" means any building, works,
apparatus or equipment used wholly or mainly for the purpose
of assisting air traffic control or as an aid to air navigation,
together with any land contiguous or adjacent to any such
building, works, apparatus or equipment and used wholly or
mainly for purposes connected therewith;
"aircraft registered or operating in the Territory" means any
aircraft which is either -
(a) an aircraft registered in the Territory, or
(b) an aircraft not so registered which is for the time being
allocated for use on flights which (otherwise than in
exceptional circumstances) include landing at or taking off
from one or more aerodromes in the Territory;
"article" includes any substance, whether in solid or liquid form
or in the form of a gas or a vapour;
"explosive" means any article manufactured for the purpose of
producing a practical effect by explosion, or intended for that
purpose by a person having the article with him;
"firearm" includes an airgun or air pistol;
"manager", in relation to an aerodrome, means the person
(whether the Government of the Territory or any other person)
by whom the aerodrome is managed;
"military service" includes naval and air force service;
"measures" (without prejudice to the generality of that
expression) includes the construction, execution, alteration,
demolition or removal of buildings or other works and also
includes the institution or modification, and the supervision and
enforcement, of any practice or procedure;
"operator", in relation to an aircraft, means the person having
the management of the aircraft for the time being or, in relation
to a time, at that time;
"police officer" includes any member of the police force of the
Territory and any other person having the powers and
privileges of a police officer;
"property" includes any land, buildings or works, any aircraft or
vehicle and any baggage, cargo or other article of any
description;
"Territory" includes the territorial waters adjacent thereto;
"United Kingdom national" means an individual who is -
(a) a British citizen, a British Dependent Territories citizen, a
British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981[9] is a
British subject; or
(c) a British protected person (within the meaning of that Act).
(1A) Where any provision in the law of a Territory which is inserted
in subsection (1) in accordance with Schedule 3 of the Aviation
Security (Overseas Territories) Order 2000 is repealed and re-enacted,
with or without modification, the reference to that provision in
Schedule 3 shall be construed as a reference to the provision as so re-
enacted.
(2) For the purposes of this Act and in the absence of any other
authority with responsibility for an air navigation system, the manager
of the aerodrome by which it is wholly or mainly used, shall be taken
to be the authority responsible for that air navigation installation.
(3) For the purposes of this Act -
(a) the period during which an aircraft is in flight shall be
deemed to include any period from the moment when all its
external doors are closed following embarkation until the
moment when any such door is opened for disembarkation, and,
in the case of a forced landing, any period until the competent
authorities take over responsibility for the aircraft and for
persons and property on board; and
(b) an aircraft shall be taken to be in service during the whole
of the period which begins with the pre-flight preparation of the
aircraft for a flight and ends 24 hours after the aircraft lands
having completed that flight, and also at any time (not falling
within that period) while, in accordance with the preceding
paragraph, the aircraft is in flight.
(6) Any power to give a direction under any provision of this Act
shall be construed as including power to revoke or vary any such
direction by a further direction.
(7) Subject to any provision of any other law relating to offences
under two or more laws, Part I of this Act shall not be construed as -
(a) conferring a right of action in any civil proceedings in
respect of any contravention of this Act, or
(b) derogating from any right of action or other remedy
(whether civil or criminal) in proceedings instituted otherwise
than under this Act.
SCHEDULE 1 TO THE AVIATION SECURITY ACT 1982
PROVISIONS RELATING TO COMPENSATION
1. This Schedule applies to compensation under section 22 of this
Act (in this Schedule referred to as "the relevant section").
2. No compensation to which this Schedule applies shall be payable
unless the person to whom it is payable in accordance with the relevant
section (or in accordance with regulations made under the following
provisions of this Schedule) serves on the person by whom the
measures in question were taken a notice in writing claiming
compensation under that section, and that notice is served before the
end of the period of two years from the completion of the measures.
3. In relation to any measures taken by any person on land outside
an aerodrome or air navigation installation any reference in the relevant
section to a direction or enforcement notice, or to compliance with a
direction or enforcement notice, shall be construed as if subsection (6)
of section 16 of this Act were omitted.
4. In calculating value for any of the purposes of the relevant
section -
(a) the following rules shall apply:
(i) the value of land shall, subject as hereinafter
provided, be taken to be the amount which the land if
sold in the open market by a willing seller might be
expected to realise;
(ii) the special suitability or adaptability of the land for
any purpose shall not be taken into account if that
purpose is a purpose to which it could be applied only in
pursuance of statutory powers, or for which there is no
market apart from the requirements of any authority
possessing compulsory purchase powers;
(iii) where the value of the land is increased by reason
of the use thereof or of any premises thereon in a
manner which could be restrained by any court, or is
contrary to law, or is detrimental to the health of the
occupants of the premises or to the public health, the
amount of that increase shall not be taken into account;
(b) if the interest to be valued is subject to a mortgage, it shall
be treated as if it were not subject to the mortgage.
5. The Governor in Council may make Regulations -
(a) requiring compensation to which this Schedule applies, in
such cases as may be specified in the regulations, to be paid to a
person other than the person entitled to it in accordance with
the relevant section;
(b) as to the application of any compensation to which this
Schedule applies, or any part of it, in cases where the right to
claim compensation is exercisable by reference to an interest in
land which is subject to a mortgage, or to a rent charge, or to
the trusts of a settlement, or to the purposes of a trust, or which
was so subject at a time specified in the regulations; or
(c) as to any assumptions to be made, or matters to be taken
into or left out of account, for the purpose of assessing any
compensation to which this Schedule applies.
7. Any dispute arising under the relevant section or under this
Schedule, whether as to the right to any compensation or as to the
amount of any compensation or otherwise, shall be referred to and
determined by the appropriate acquisition authority.
SCHEDULE 3 TO THIS ORDER
Article 3(1)
ADAPTATIONS AND MODIFICATIONS TO THE AVIATION
SECURITY ACT 1982 WHICH ARE APPLICABLE TO
PARTICULAR TERRITORIES
Anguilla
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the High Court;
"daily fine" means a fine of East Caribbean dollars 500 per day;
"fine" on a trial in the High Court means such fine as may be
imposed by that Court and on a trial in a subordinate court
means a fine of East Caribbean dollars 5000;
"offence of criminal damage" means an offence under section
3, 4, 5, 6, 7, 8 or 44 of the Malicious Damage Act[10];
"prescribed offence" means the offence of murder, attempted
murder, manslaughter, or an offence under section 17, 19, 20,
21, 22, 23, 27, 28 or 29 of the Offences against the Person
Act[11] or section 9 or 10 of the Malicious Damage Act;
Bermuda
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means arbitration on a
reference of the Minister under section 6(2) of the Acquisition
of Land Act[12];
"daily fine" means a fine of Bermuda dollars 500 per day;
"fine" on a trial in the Supreme Court means such fine as may
be imposed by that Court and on a trial in a subordinate court
means a fine of Bermuda dollars 5000;
"Legislative Council" means the House of Assembly;
"offence of criminal damage" means an offence under section
426, 427 or 448 of the Criminal Code[13];
"prescribed offence" means murder, attempted murder,
manslaughter or an offence under section 303, 304, 305, 306,
307 or 308 of the Criminal Code;
In respect of Bermuda, the definition of police officer shall include an
"airport policeman" within the meaning of the Bermuda Airport
Regulations 1959 (Title 23/1(b)) and the Aviation Security Officer.
British Virgin Islands
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the High Court;
"daily fine" means a fine of United States dollars 500 per day;
"fine" on a trial in the High Court means such fine as may be
imposed by that Court and on a trial in a court of summary
jurisdiction means a fine of United States dollars 5000;
"offence of criminal damage" means an offence under section
265, 266, 267, 268, or 272 of the Criminal Code 1997[14];
"prescribed offence" means murder, attempted murder,
manslaughter and an offence under section 163, 164, 165, 166,
167, 168, 169, 171, 172, 173 or 174 of the Criminal Code 1997;
Cayman Islands
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the Grand Court;
"daily fine" means a fine of Cayman Islands dollars 500 per
day;
"fine" on a trial in the Grand Court means such fine as may be
imposed by that Court and on a trial in a subordinate court
means a fine of Cayman Islands dollars 5000;
"offence of criminal damage" means an offence under section
250, 257 or 258 of the Penal Code[15];
"prescribed offence" means murder, attempted murder,
manslaughter, or an offence under section 199, 201, 202, 204,
or 205 of the Penal Code;
Falkland Islands
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the Supreme Court;
"daily fine" means a fine of not exceeding one tenth of level 5
on the standard scale, as prescribed under the Criminal Justice
Ordinance 1989[16] per day;
"fine" on a trial in the Supreme Court means such fine as may
be imposed by that Court and on a trial in a subordinate court
means a fine not exceeding the statutory maximum as
prescribed under the Criminal Justice Ordinance 1989;
"offence of criminal damage" means section 1 of the Criminal
Damage Act 1971 of the United Kingdom Parliament[17] as
applied by the Crimes Ordinance 1989[18];
"prescribed offence" means murder, attempted murder,
manslaughter, or an offence under section 18, 20, 21, 22, 23,
24, 28 or 29 of the Offences against the Person Act 1861 of the
United Kingdom Parliament[19], or section 1 of the Explosive
Substances Act 1883 of the United Kingdom Parliament[20],
both as applied by the Crimes Ordinance 1989;
Montserrat
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the High Court;
"daily fine" means a fine of East Caribbean dollars 500 per day;
"fine" on a trial in the High Court means such fine as may be
imposed by that Court and on a trial in a subordinate court
means a fine of East Caribbean dollars 5000;
"offence of criminal damage" means an offence under section
265 of the Penal Code[21];
"prescribed offence" means murder, attempted murder,
manslaughter or an offence under section 163, 164, 165, 166,
167, 168, 170, 171, 172 or 173 of the Penal Code;
St. Helena and Dependencies
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the Land Valuation
Board established under the Land Acquisition Ordinance[22];
"Attorney-General of the Territory" means the Attorney-
General of St. Helena;
"daily fine" means a fine not exceeding one hundred pounds per
day;
"fine" on a trial in the Supreme Court means such fine as may
be imposed by that Court and on a trial in a subordinate court
means a fine not exceeding one thousand pounds;
"offence of criminal damage" means an offence under section 3
of the Criminal Damage Ordinance 1979[23];
"prescribed offence" means murder, attempted murder,
manslaughter or an offence under section 18, 20, 21, 22, 23, 24,
28 or 29 of the United Kingdom Offences against the Person
Act 1861 or under section 2 of the United Kingdom Explosive
Substances Act 1883 as those Acts have effect in accordance
with the English Law (Application) Ordinance 1987[24], and
the Application of English Law (Ascension) Ordinance
1973[25];
Sovereign Base Areas of Akrotiri and Dhekelia
Section 25 of the Act, as set out in Schedule 2 of this Order, shall not
apply and paragraph 5 of Schedule 1 to the Act shall have effect as if
the words "in Council" were deleted.
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the Compensation
Assessment Tribunal;
"daily fine" means a fine not exceeding one tenth of level 5 on
the standard scale, as prescribed under the law of the United
Kingdom, per day;
"fine" on a trial in the Judge's Court or the Senior Judge's Court
means such fine as may be imposed by that Court;
"offence of criminal damage" means an offence under section
324 of the Criminal Code[26];
"prescribed offence" means premeditated murder, an attempt to
commit premeditated murder, homicide or an offence under
section 226, 227, 228, 231, 232, 234, or 325 of the Criminal
Code;
Turks and Caicos Islands
Insert the following definitions in the appropriate alphabetical position
in section 38(1) -
"appropriate acquisition authority" means the Supreme Court;
"daily fine" means a fine of United States dollars 500 per day;
"fine" on a trial in the Supreme Court means such fine as may
be imposed by that Court and on a trial in the Magistrates Court
means a fine of United States dollars 5000;
"offence of criminal damage" means an offence under section
4, 5, 6, 7, 8, 9, 10, 14 or 32 of the Malicious Injuries to Property
Ordinance[27] or under section 7 of the Summary Offences
Ordinance[28];
"prescribed offence" means murder, attempted murder,
manslaughter or an offence under section 10, 11, 12, 13, 14, 15,
18, 19 or 20 of the Offences against the Person
Ordinance[29]or section 9(e) of the Summary Offences
Ordinance.
SCHEDULE 4 TO THIS ORDER
Article 3(2)
SECTIONS 1 AND 50 OF THE AVIATION AND MARITIME
SECURITY ACT 1990 AS EXTENDED TO THE TERRITORIES
SPECIFIED IN SCHEDULE 1
Endangering safety at aerodromes
1. - (1) It is an offence for any person by means of any device,
substance or weapon intentionally to commit at an aerodrome serving
international civil aviation any act of violence which -
(a) causes or is likely to cause death or serious injury, and
(b) endangers or is likely to endanger the safe operation of the
aerodrome or the safety of persons at the aerodrome.
(2) It is also, subject to subsection (4) below, an offence for any
person by means of any device, substance or weapon unlawfully and
intentionally -
(a) to destroy or seriously to damage -
(i) property used for the provision of any facilities at an
aerodrome serving international civil aviation (including
any apparatus or equipment so used), or
(ii) any aircraft which is at such an aerodrome but is not
in service, or
(b) to disrupt the services of such an aerodrome,
in such a way as to endanger or be likely to endanger the safe operation
of the aerodrome or the safety of persons at the aerodrome.
(3) Except as provided by subsection (4) below, subsections (1) and
(2) above apply whether any such act as is referred to in those
subsections is committed in the Territory or elsewhere and whatever
the nationality of the person committing the act.
(4) Subsection (2)(a)(ii) above does not apply to any act committed
in relation to an aircraft used in military, customs or police service
unless -
(a) the act is committed in the Territory, or
(b) where the act is committed outside the Territory, the person
committing it is a United Kingdom national.
(5) A person who commits an offence under this section is liable on
conviction to imprisonment for life.
(6) Section 38(3)(b) (period during which aircraft is in service) of
the Aviation Security Act 1982 (as applied to the Territory by the
Aviation Security (Overseas Territories) Order 2000) applies for the
purposes of this section as it applies for the purposes of that Act and
the reference in section 38(7) of that Act (other proceedings) to Part I
of that Act and to that Act include references to this section.
(7) Proceedings for an offence under this section shall not be
instituted in the Territory except by or with the consent of the person
for the time being performing the functions of Attorney General of the
Territory.
(9) In this section -
"act of violence" has the same meaning as in section 2(7) of the
Aviation Security Act 1982 as applied to the Territory by the
Aviation Security (Overseas Territories) Order 2000;
"aerodrome" has the same meaning as in the Aviation Security
Act 1982, as so applied;
"military service" and "United Kingdom national" have the
same meaning as in the Aviation Security Act 1982, as so
applied;
"unlawfully"
(a) in relation to the commission of an act in the Territory,
means so as (apart from this section) to constitute an offence
under the law of the Territory, and
(b) in relation to the commission of an act outside the Territory,
means so that the commission of the act would (apart from this
section) have been an offence under the law of the Territory if it
had been committed in the Territory.
Offences by bodies corporate
50. - (1) Where an offence under this Act has been committed by a
body corporate and is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any such
capacity, he as well as the body corporate shall be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) above shall apply in relation to the acts and
defaults of a member in connection with his functions of management
as if he were a director of the body corporate.
SCHEDULE 5 TO THIS ORDER
Article 4
SECTION 26 OF AND SCHEDULE 5 TO THE MERCHANT
SHIPPING AND MARITIME SECURITY ACT 1997
Piracy
26. - (1) For the avoidance of doubt, it is hereby declared that for
the purposes of any proceedings before a court in the Territory in
respect of piracy, the provisions of the United Nations Convention on
the Law of the Sea 1982, set out in Schedule 5, shall be treated as
constituting part of the law of nations; and any such court having
jurisdiction in respect of piracy committed on the high seas shall have
jurisdiction in respect of piracy committed by or against an aircraft
wherever that piracy is committed.
(2) For the purposes of those provisions the high seas shall (in
accordance with paragraph 2 of Article 58 of that convention) be taken
to include all waters beyond the territorial sea of the Territory or of any
other country.
SCHEDULE 5
PROVISIONS OF UNITED NATIONS CONVENTION ON THE
LAW OF THE SEA TO BE TREATED AS PART OF THE LAW OF
NATIONS
Article 101
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft, and directed -
(i) on the high seas, against another ship or aircraft, or
against persons or property on board such ship or
aircraft;
(ii) against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship
or of an aircraft with knowledge of facts making it a pirate ship
or aircraft;
(c) any act of inciting or of intentionally facilitating an act
described in subparagraph (a) or (b).
Article 102
Piracy by a warship, government ship or government aircraft whose
crew has mutinied
The acts of piracy, as defined in article 101, committed by a warship,
government ship or government aircraft whose crew has mutinied and
taken control of the ship or aircraft are assimilated to acts committed
by a private ship or aircraft.
Article 103
Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is intended
by the persons in dominant control to be used for the purpose of
committing one of the acts referred to in article 101. The same applies
if the ship or aircraft has been used to commit any such act, so long as
it remains under the control of the persons guilty of that act.
EXPLANATORY NOTE
(This note is not part of the Order)
1. This Order extends certain provisions of the Aviation Security
Act 1982, (as amended) and of the Aviation and Maritime Security Act
1990, with adaptations and modifications, to the Territories specified in
Schedule 1.
2. A number of the provisions now forming part of Part I of the
1982 Act, were previously contained in the following instruments:
(a) Orders made under the Hijacking Act 1971 and the
Protection of Aircraft Act 1973 in relation to all the Territories
with the exception of Anguilla; and
(b) with respect to Anguilla, in an Order made under the 1982
Act.
3. The present Order consolidates the earlier provisions together
with:
(a) the provisions of Part II of the 1982 Act (as amended) which
relate to the protection of aircraft, aerodromes and air
navigation installations;
(b) the provisions of section 1 of the 1990 Act which relate to
endangering safety at aerodromes,
with appropriate adaptations and modifications.
4. The Order also extends the provisions of section 26(1) and (2) of
the Merchant Shipping and Maritime Security Act 1997 relating to
piracy to the Territories.
Notes:
[1] 1982 c. 36.back
[2] 1990 c. 31.back
[3] 1997 c. 28.back
[4] 1989 c. 33.back
[5] S.I. 1971/1739.back
[6] S.I. 1973/1757.back
[7] S.I. 1973/1893.back
[8] S.I. 1987/451.back
[9] 1981 c. 61.back
[10] Cap. 49 of the Laws of Anguilla.back
[11] Cap. 56 of the Laws of Anguilla.back
[12] Title 19/2 of the Laws of Bermuda.back
[13] Title 8/31 of the Laws of Bermuda.back
[14] Laws of the Virgin Islands 1/1997.back
[15] Law 12/75, 1995 Rev., in the Laws of the Cayman Islands.back
[16] Ord. 17/1989 in the Laws of the Falkland Islands.back
[17] 1971 c. 48.back
[18] Ord. 10/1989 in the Laws of the Falkland Islands.back
[19] 1861 c. 100.back
[20] 1883 c. 3.back
[21] Ord. 12/1 983 in the Laws of Montserrat.back
[22] Cap. 59 in the Laws of St. Helena.back
[23] Ord. 8/1979 in the Laws of St. Helena.back
[24] Ord. 16/1987 of the Laws of St. Helena.back
[25] Ord. 1/1973 of the Laws of Ascension.back
[26] Cap. 155 of the Laws of Cyprus as adapted and applied in the
Sovereign Base Areas.back
[27] Cap. 31 of the Laws of the Turks and Caicos Islands.back
[28] Cap. 32 of the Laws of the Turks and Caicos Islands.back
[29] Cap. 28 of the Laws of the Turks and Caicos Islands.back
ISBN 0 11 018791 1
