SCHEDULE 1
Article 2(1)
EXTENSION OF PROVISIONS OF THE AVIATION SECURITY ACT 1982 TO THE BAILIWICK OF JERSEY
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 (limitation 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 to 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, savings and repeals), together with Schedules 2 and 3.
Section 41 (short title and commencement).
PART II
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE PROVISIONS OF THE AVIATION SECURITY ACT 1982 WHICH ARE EXTENDED TO THE BAILIWICK OF JERSEY BY PART I OF THIS SCHEDULE
1. Any reference in the Act to the Act or a provision of it is a reference to the Act or provision as extended to the Bailiwick of Jersey.
2. In section 1 (hijacking):
(a) in subsections (1) and (2)(ii) for the words “the United Kingdom” there shall be substituted “Jersey”;
(b) in subsection (2)(iii) after the words “United Kingdom”, wherever they occur, there shall be inserted “or Jersey”;
(c) in subsection (3) the words “on conviction on indictment” shall be omitted; and
(d) 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 Jersey as it has effect in the United Kingdom.”.
3. 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 “Jersey”;
(b) in subsection (5) the words “on conviction on indictment” shall be omitted; and
(c) for subsections (6) and (7) there shall be substituted:
“6 In this section “unlawfully”—
(a) in relation to the commission of an act in Jersey means so as (apart from this Act) to constitute an offence under the law of Jersey, and
(b) in relation to the commission of an act outside Jersey, means so that the commission of the act would (apart from this Act) have been an offence under the law of Jersey if it had been committed in Jersey.
7 In this section “act of violence” means—
(a) an act done in Jersey which constitutes the offence of murder, attempted murder, manslaughter or assault or an offence under Article 2 of the Loi (1884) sur les Matieres Explosives; and
(b) any act done outside Jersey which, if done in Jersey, would constitute such an offence as is mentioned in paragraph (a) above.”.
4. In section 3 (other acts endangering or likely to endanger safety of aircraft):
(a) for the words “the United Kingdom”, wherever they occur except where they first occur in subsection (5)(b), there shall be substituted “Jersey”; and
(b) in subsection (7) the words “on conviction on indictment” shall be omitted.
5. In section 4 (offences in relation to certain dangerous articles):
(a) 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 “Jersey”; and
(b) for subsection (4) there shall be substituted:
“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 to both.”.
6. 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 “Jersey”; 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 Jersey by the Civil Aviation Act 1982 (Jersey) Order 199026.”.
7. In section 6 (ancillary offences):
(a) for the words “the United Kingdom”, wherever they occur, there shall be substituted “Jersey”;
(b) in subsection (1) after the words “Act 1982” there shall be inserted “as extended to Jersey by the Civil Aviation Act 1982 (Jersey) Order 1990”;
(c) in subsection (1) for the words from “culpable homicide” to “Act 1883” there shall be substituted “or assault or an offence under Article 2 of the Loi (1884) sur les Matieres Explosives”;
(d) in subsection (3) the words “on conviction on indictment” shall be omitted; and
(e) subsection (4) shall be omitted.
8. In section 7 (powers exercisable on suspicion of intended offence under Part I):
(a) in subsection (1):
(i) for the word “constable”, wherever it occurs, there shall be substituted “police officer”; and
(ii) for the words “the United Kingdom” there shall be substituted “Jersey”;
(b) in subsection (2) the words from “(a) on summary conviction” to “on indictment” shall be omitted; and
(c) subsection (3) shall be omitted.
9. 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 “Jersey”; and
(b) for the words from “culpable homicide” to the end of the subsection there shall be substituted:
“or assault or an offence under Article 2 of the Loi (1884) sur les Matieres Explosives or any act which involves—
(i)
(i) the destruction or damage without lawful excuse of any property belonging to another where the person doing the act intends to destroy or damage such property or is reckless as to whether such property would be destroyed or damaged; or
(ii)
(ii) the destruction or damage without lawful excuse of any property whether belonging to the person doing the act or to some other person where the person doing the act—
(aa) intends to destroy or damage any property or is reckless as to whether any property would be destroyed or damaged; and
(bb) intends by the destruction or damage to endanger the life of another or is reckless as to whether the life of another would be thereby endangered.”.
10. 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 “Committee”;
(b) for subsection (1) there shall be substituted:
“1 The Committee...
