The Aviation Security and Piracy (Overseas Territories) Order 2000

Extract

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The Aviation Security and Piracy (Overseas Territories) Order 2000

Statutory Instruments

CIVIL AVIATION

Made

15 th November 2000

Coming into force

6 th December 2000

At the Court at Buckingham Palace, the 15 th 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(1) , section 51 of the Aviation and Maritime Security Act 1990(2) , section 26(5) of the Merchant Shipping and Maritime Security Act 1997(3) , 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 6 th 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

Article 2

SCHEDULE 1 TO THIS ORDERTERRITORIES 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.

Article 3(1)

SCHEDULE 2 TO THIS ORDERPROVISIONS 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 saf...

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