| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/3059 |
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 19821, section 51 of the Aviation and Maritime Security Act 19902, section 26(5) of the Merchant Shipping and Maritime Security Act 19973, 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 19894and 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 19715;
The Protection of Aircraft Act 1973 (Overseas Territories) Order 19736; and
The Hijacking Act 1971 (Overseas Territories) (Amendment) Order 19737;
(2) The Aviation Security (Anguilla) Order 19878is 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.
1. Hijacking
(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)
(a) the aircraft is used in military, customs or police service, or
(b)
(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)
(a) that any two or more States named in the order have established an organisation or agency which operates aircraft; and
(b)
(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.
2. Destroying, damaging or endangering safety of aircraft
(1) It shall, subject to subsection (4) below, be an offence for any person unlawfully and intentionally—
(a)
(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)
(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)
(a) may constitute an offence under subsection (1) above, or
(b)
(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)
(a) the act is committed in the Territory, or
(b)
(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)
(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)
(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)
(a) any act done in the Territory which constitutes one of the prescribed offences; and
(b)
(b) any act done outside the Territory which, if done in the Territory, would constitute one of the prescribed offences.
3. Other acts endangering or likely to endanger safety of aircraft
(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)
(a) that he believed, and had reasonable grounds for believing, that the information was true; or
(b)
(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)
(a) the person committing it is a United Kingdom national; or
(b)
(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)
(c) that act is committed on board a civil aircraft which is so registered or so chartered, or
(d)
(d) the act is committed on board a civil aircraft which lands in the Territory with...
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