S C H E D U L E S
SCHEDULE 1
Pre-Consolidation Amendments
Power to extend enactments relating to civil aviation outside the United Kingdom
1.
(1) Section 30 of the Civil Aviation Act 1980 (power to extend Act outside the United Kingdom) shall apply, as it applies to that Act, to—
(a ) the Act of 1949;
(b ) the Civil Aviation (Eurocontrol) Act 1962 ;
(c ) the Tokyo Convention Act 1967 (except section 4);
(d ) sections 16 and 17 of the Civil Aviation Act 1968 ;
(e ) the Act of 1971; and
(f ) the Civil Aviation Act 1978 .
(2) Accordingly, sections 66 and 67 of the Act of 1949, section 9 of the said Act of 1962, sections 16(3) and 17(3) of the said Act of 1968, paragraph (a ) of section 66(1) of the Act of 1971 and subsections (4) and (5)(b ) of section 16 of the said Act of 1978 shall cease to have effect; and section 8 of the said Act of 1967 shall apply only in relation to the said section 4.
(3) The preceding provisions of this paragraph shall not affect the law in force in any country or territory which is outside the United Kingdom and is not a relevant overseas territory for the purposes of subsection (1) of section 30 of the Civil Aviation Act 1980.
Criminal penalties in Northern Ireland
2.
(1) There shall be no limit to the amount of the fine which may be imposed in Northern Ireland on conviction on indictment of an offence against an order under section 25 of the Act of 1949 (power to prohibit or restrict use of civil aerodromes).
(2) The maximum fine which may be imposed in Northern Ireland on summary conviction of an offence under section 38 of the Act of 1949 (trespassing on licensed aerodromes) shall be 25 and on summary conviction of an offence under section 29(2) or 55(1) of that Act (obstruction and contravention of provision about registration of births and deaths) shall be 50.
(3) Paragraph (e ) of section 26(2) of the Act of 1971 (regulation of provision of accommodation on aircraft) shall have effect in Northern Ireland as if the maximum fine on summary conviction which may be provided for in pursuance of that paragraph were a fine of the statutory maximum.
(4) The maximum fine which may be imposed in Northern Ireland on summary conviction of any offence to which this sub-paragraph applies shall be a fine of the statutory maximum.
(5) Sub-paragraph (4) above applies to the following offences, that is to say—
(a ) an offence against an order under section 25 of the Act of 1949;
(b ) an offence under section 6(3) or (4) of the Civil Aviation (Eurocontrol) Act 1962 (furnishing false particulars or certifying a false document);
(c ) an offence under subsection (5) or (7) of section 21 of the Act of 1971 (restriction of unlicensed carriage for reward);
(d ) an offence under section 24(7) of the Act of 1971 (furnishing false information);
(e ) any offence falling within section 35(4)(b ) of the Act of 1971 (furnishing false information); and
(f ) an offence under section 36(3) of the Act of 1971 (disclosing confidential information).
(6) In this paragraph ‘the statutory maximum’ means the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (that is to say, 1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money); and for the purposes of this paragraph the provisions of the said Act of 1980 which relate to that sum shall extend to Northern Ireland.
Incidental, supplementary and transitional provisions
3.
(1) Any power to which this paragraph applies shall include power to make such incidental, supplementary or transitional provision as the authority exercising the power thinks fit.
(2) This paragraph applies to the following powers, that is to say—
(a ) the power to make an Order in Council under any enactment to which Part VI of the Act of 1949 applies or under that Part of that Act;
(b ) any power to make regulations conferred by the Civil Aviation (Licensing) Act 1960 ;
(c ) the power to make regulations under section 4 of the Civil Aviation (Eurocontrol) Act 1962 (charges for air navigation services, etc.);
(d ) any power to make an order under section 3(4), 6(5) or 14(10) of the Civil Aviation Act 1968 (power to repeal local enactments);
(e ) any power to make an Order in Council under section 16 or 17 of the said Act of 1968 (mortgaging of and other rights in aircraft);
(f ) any power to make an order or to make regulations which is conferred on the Secretary of State by the Act of 1971 (excluding section 15);
(g ) any power conferred by the Civil Aviation Act 1978 to make an order or to make regulations; and
(h ) the power to make an Order in Council under section 30 of the Civil Aviation Act 1980 .
Amendments of the Civil Aviation Act 1949
4.
(1) In section 8 of the Act of 1949 (Air Navigation Orders)—
(a ) in subsection (4), for the words from ‘thereof’ to ‘taking’ there shall be substituted...