Extradition (Aviation Security) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1760

1997 No. 1760

EXTRADITION

The Extradition (Aviation Security) Order 1997

Made 22th July 1997

Laid before Parliament 1st August 1997

Coming into force 1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (referred to in this Order as “the Convention” and set out in Part 1 of Schedule 1 to this Order)1signed at Montreal on 23rd September 1971 entered into force for the United Kingdom on 24th November 1973:

And whereas the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention, which was signed at Montreal on 24th February 1988, (referred to in this Order as “the Protocol”)2the terms of which are set out in Part II of Schedule 1 to this Order, entered into force for the United Kingdom on 15th December 1990:

And whereas the States mentioned in Part I of Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 18703are in force:

And whereas the States mentioned in Part II of Schedule 2 to this Order are foreign States in respect of which the Protocol is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force:

And whereas the States mentioned in Part IA of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:

And whereas the States mentioned in Part IB of Schedule 3 to this Order are foreign States in respect of which the Protocol is for the time being in force but with which no general extradition arrangements have been made:

And whereas section 22(3) of the Extradition Act 19894provides that where general extradition arrangements have not been made with a State which is a Party to the Convention or, as the case may be, a party to the Protocol, and no Order in Council under section 2 of the Extradition Act 18705is in force in relation to that State, an Order in Council applying the Extradition Act 1989 may be made under section 4 of that Act as if the Convention or, as the case may be, the Protocol constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention or, as the case may be, to the Protocol:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Extradition (Aviation Security)...

1. This Order may be cited as the Extradition (Aviation Security) Order 1997, and shall come into force on 1st September 1997.

S-2 Part I of Schedule 2 to this Order specifies in the first...

2. (a)

2. (a) (1) Part I of Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 18706) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders; and

(b)

(b) Schedule 1 to the Extradition Act 19897shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 of the Convention; and

(c)

(c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

(a)

(a) (2) Part II of Schedule 2 to this Order specifies foreign States which are Parties to the Protocol and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders; and

(b)

(b) Schedule 1 to the Extradition Act 1989 shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 of the Convention; and

(c)

(c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

S-3 The Extradition Act 1989, so far as it relates to extradition...

3. The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply—

(a) in the case of a State mentioned in Part IA of Schedule 3 to this Order (being States in respect of which the Convention is in force), and

(b) in the case of a State mentioned in Part IB of Schedule 3 to this Order (being States in respect of which the Protocol is in force),

subject to the limitations, restrictions, exceptions and qualifications contained in Part II of Schedule 3 to this Order.

S-4 The Extradition (Aviation Security) Order 1991 is hereby...

4. The Extradition (Aviation Security) Order 19918is hereby revoked.

S-5 This Order extends only to the United Kingdom, the Channel...

5. This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories specified in Schedule 4 to this Order.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

SCHEDULE 1

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION

PART I

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION

THE STATES PARTIES TO THIS CONVENTION

CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

CONSIDERING that the occurrence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

HAVE AGREED AS FOLLOWS:

Article 1

Article 1

SCH-1.1

1. Any person commits an offence if he unlawfully and intentionally:

(a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e) communictaes information which he knows to be false, thereby endangering the safety of an aircraft in flight.

SCH-1.2

2. Any person also commits an offence if he:

(a) attempts to commit any of the offences mentioned in pargraph 1 of this article; or

(b) is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

Article 2

For the purposes of this Convention:

(a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over responsibility for the aircraft and for persons and property on board;

(b) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this article.

Article 3

Article 3

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4

Article 4

SCH-1.1

1. This Convention shall not apply to aircraft used in military, customs or police services.

SCH-1.2

2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

(a) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

(b) the offence is committed in the territory of a State other than the State of registration of the aircraft.

SCH-1.3

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

SCH-1.4

4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.

SCH-1.5

5. In the cases contemplated in...

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