Aviation Security (Guernsey) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/2989
Year1997

1997 No. 2989

CIVIL AVIATION

The Aviation Security (Guernsey) Order 1997

Made 17th December 1997

Coming into force 17th January 1998

At the Court at Buckingham Palace, the 17th day of December 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 39(3) of the Aviation Security Act 19821and, as respects the extension of section 5 of that Act, section 8 of the Tokyo Convention Act 19672, and of section 51(1) of the Aviation and Maritime Security Act 19903, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Aviation Security (Guernsey) Order 1997 and shall come into force on 17th January 1998.

S-2 Extension and revocation

Extension and revocation

2.—(1) The provisions of the Aviation Security Act 1982 which are listed in Part I of Schedule 1 to this Order shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in Part II of that Schedule.

(2) Sections 1 and 50 of the Aviation and Maritime Security Act 1990 shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in Schedule 2 to this Order.

(3) The Orders specified in Schedule 3 to this Order are hereby revoked to the extent that they relate to the extension to the Bailiwick of Guernsey of any enactment which is repealed by and re-enacted in the Aviation Security Act 1982.

S-3 Interpretation

Interpretation

3. In Schedule 1 to this Order, “Guernsey” means the Bailiwick of Guernsey.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

Article 2(1)

EXTENSION OF PROVISIONS OF THE AVIATION SECURITY ACT 1982 TO THE BAILIWICK OF GUERNSEY

1 PROVISIONS EXTENDED

PART I

PROVISIONS EXTENDED

Section 1 (hijacking).

Section 2 (destroying, damaging or endangering safety of aircraft).

Section 3 (other acts endangering or likely to endanger safety of aircraft).

Section 4 (offences in relation to certain dangerous articles).

Section 5 (jurisdiction of courts in respect of air piracy).

Section 6 (ancillary offences).

Section 7 (powers exercisable on suspicion of intended offence under Part I)4.

Section 10 (purposes to which Part II applies).

Section 11 (power for Secretary of State to require information)5.

Section 11A (designation of restricted zones)6.

Section 12 (power to impose restrictions in relation to aircraft)7.

Section 13 (power to require aerodrome managers to promote searches at aerodromes)8.

Section 13A (power to require other persons to promote searches)9.

Section 14 (general power to direct measures to be taken for purposes to which Part II applies)10.

Section 15 (matters which may be included in directions under sections 12 to 14)11.

Section 16 (limitations on scope of directions under sections 12 to 14)12.

Section 17 (general or urgent directions under sections 12 and 14)13.

Section 18 (objections to certain directions under section 14).

Section 18A (enforcement notices)14.

Section 18B (contents of enforcement notice).

Section 18C (offences relating to enforcement notices).

Section 18D (objections to enforcement notices).

Section 18E (enforcement notices: supplementary).

Section 19 (operation of directions under Part II in relation to rights and duties under other laws)15.

Section 20 (inspection of aircraft and aerodromes)16.

Section 21 (application of provisions of Part II to air navigation installations)17.

Section 21A (false statements relating baggage, cargo etc.)18.

Section 21B (false statements in connection with identity documents).

Section 21C (unauthorised presence in restricted zone).

Section 21D (unauthorised presence on board aircraft).

Section 21E (offences relating to authorised persons).

Section 21F (air cargo agents)19.

Section 21G (duty to report certain occurrences)20.

Section 22 (compensation in respect of certain measures taken under Part II), together with Schedule 121.

Section 24 (service of documents)22.

Section 24A (interpretation of Part II)23.

Section 37 (offences by bodies corporate)24.

Section 38 (interpretation etc.)25.

Section 40 (consequential amendments, saving and repeals), together with Schedules 2 and 3.

Section 41 (short title and commencement).

2 EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE PROVISIONS OF THE AVIATION SECURITY ACT 1982 WHICH ARE EXTENDED TO THE BAILIWICK OF GUERNSEY BY PART I OF THIS SCHEDULE

PART II

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE PROVISIONS OF THE AVIATION SECURITY ACT 1982 WHICH ARE EXTENDED TO THE BAILIWICK OF GUERNSEY BY PART I OF THIS SCHEDULE

SCH-1.1

1. In section 1 (hijacking):

(a) in subsections (1) and (2)(ii) for the words “the United Kingdom” there shall be substituted “Guernsey”;

(b) in subsection (2)(iii) after the words “United Kingdom”, wherever they occur, there shall be inserted “or Guernsey”; and

(c) at the end of subsection (4) there shall be added:

“An order made under this subsection as it applies in the United Kingdom shall have effect in Guernsey as it has effect in the United Kingdom.”.

SCH-1.2

2. In section 2 (destroying, damaging or endangering safety of aircraft):

(a) in subsections (3) and (4) for the words “the United Kingdom”, wherever they occur, there shall be substituted “Guernsey”; and

(b) for subsections (6) and (7) there shall be substituted:

SCH-1.6

“6 In this section “unlawfully”—

(a) in relation to the commission of an act in Guernsey means so as (apart from this Act) to constitute an offence under the law of Guernsey; and

(b) in relation to the commission of an act outside Guernsey, means so that the commission of the act would (apart from this Act) have been an offence under the law of Guernsey if it had been committed in Guernsey.

SCH-1.7

7 In this section “act of violence” means—

(a) an act done in Guernsey which constitutes the offence of murder, attempted murder, manslaughter or assault or an offence under section 2 of the Explosive Substances Law 1939; and

(b) any act done outside Guernsey which, if done in Guernsey, would constitute such an offence as is mentioned in paragraph (a) above.”.

SCH-1.3

3. In section 3 (other acts endangering or likely to endanger safety of aircraft), for the words “the United Kingdom”, wherever they occur except where they first occur in subsection (5)(b), there shall be substituted “Guernsey”.

SCH-1.4

4. In section 4 (offences in relation to certain dangerous articles), for the words “the United Kingdom”, wherever they occur in subsection (1) except where they first occur in paragraph (a) of that subsection, there shall be substituted “Guernsey”.

SCH-1.5

5. In section 5 (jurisdiction of courts in respect of air piracy):

(a) in subsection (1), for the words “the United Kingdom” there shall be substituted “Guernsey”; and

(b) at the end of subsection (2) there shall be added:

“References in this subsection to the Civil Aviation Act 1982 are references to that Act as extended to Guernsey by the Civil Aviation Act 1982 (Guernsey) Order 1992, as amended.26.”

SCH-1.6

6. In section 6 (ancillary offences):

(a) for the words “the United Kingdom”, wherever they occur, there shall be substituted “Guernsey”;

(b) in subsection (1) after the words “Act 1982” there shall be inserted “as extended to Guernsey by the Civil Aviation Act 1982 (Guernsey) Order 1992, as amended”;

(c) in subsection (1) for the words from “culpable homicide” to “Act 1883” there shall be substituted “or assault or an offence under section 2 of the Explosive Substances Law 1939”; and

(d) subsection (4) shall be omitted.

SCH-1.7

7. In section 7 (powers exercisable on suspicion of intended offence under Part I):

(a) in subsection (1):

(i) for the words “a constable” there shall be substituted “an officer of police”;

(ii) for the words “the constable” there shall be substituted “the officer of police”; and

(iii) for the words “the United Kingdom” there shall be substituted “Guernsey”; and

(b) subsection (3) shall be omitted.

SCH-1.8

8. In subsection (2) of section 10 (purposes to which Part II applies):

(a) for the words “the United Kingdom” and “Great Britain”, wherever they occur, there shall be substituted “Guernsey”; and

(b) for the words from “culpable homicide” to the end of the subsection there shall be substituted:

“or assault or an offence under section 2 of the Explosive Substances Law 1939 or section 1 of the Criminal Damage (Bailiwick of Guernsey) Law 1983.”.

SCH-1.9

9. In section 11 (power for Secretary of State to require information):

(a) for the words “Secretary of State”, wherever they occur, there shall be substituted “Board”;

(b) for subsection (1) there shall be substituted:

SCH-1.1

“1 The Board may, by notice in writing served on any person who—

(a) is the operator of one or more aircraft operating in Guernsey,

(b) occupies any land forming part of an aerodrome in Guernsey, or

(c) 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 Board with such information specified in the notice as the Board may require in connection with the exercise by the Board of its functions under this Part of this Act.”; and

(c) in subsection (4) for the word “him” there shall be substituted “the Board”.

SCH-1.10

10. In section 11A (designation of restricted zones):

(a) for subsection (1) there shall be substituted the following subsection:

SCH-1.1

“1 The Board may designate the whole or any part of any aerodrome as a restricted zone for the purposes of this Part of this Act.”;

(b) subsections (2), (3), (4), (5), (6) and (8) shall be omitted;

(c) in subsection (9), for the words “the United Kingdom” there shall be substituted “Guernsey” and the words from “and any reference” to the end shall be omitted; and

(d) in subsection (10):

(i) in paragraph (a), for the words “(1) to (9)” there shall be substituted “(1), (7) and...

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