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A
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Bill
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To
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Make provision
about the enforcement of certain offences connected with
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aviation.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Arrest
without warrant
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(1) The
following shall be inserted after paragraph 11 of Schedule 1A to the Police
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and Criminal Evidence Act 1984 (c. 60)
(arrestable offences)—
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“11A An
offence of contravening a provision of an Order in Council under
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section
60 of that Act (air navigation order) where the offence relates
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to—
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(a) a
provision which prohibits specified behaviour by a person
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in
an aircraft towards or in relation to a member of the crew,
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or
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(b) a
provision which prohibits a person from being drunk in an
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10
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aircraft,
in so far as it applies to passengers.”
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(2) The
following shall be inserted at the end of Article 26(2) of the Police
and
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Criminal Evidence (Northern Ireland)
Order 1989 (S.I. 1989/1341 (N.I. 12))
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(arrestable offences)—
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“(l) an
offence of contravening a provision of an Order in Council
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under
section 60 of that Act (air navigation order) where the
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offence
relates to—
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(i) a
provision which prohibits specified behaviour by a
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person
in an aircraft towards or in relation to a member
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of
the crew, or
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(ii) a
provision which prohibits a person from being drunk
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in
an aircraft, in so far as it applies to passengers.”
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(3) The
following shall be inserted after section 82(3) of the Anti-terrorism,
Crime
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and Security Act 2001 (c. 24)
(aviation security: arrest in Scotland without
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warrant)—
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“(3A) Where,
in Scotland, a constable has reasonable grounds for suspecting
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that
a person has committed an offence of contravening a provision of
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an
Order in Council made under section 60 of the Civil Aviation Act
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1982
(Air Navigation Orders) and the offence relates to—
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(a) a
provision which prohibits specified behaviour by a person in
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an
aircraft towards a member of the crew of the aircraft, or
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(b) a
provision which prohibits a person from being drunk in an
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aircraft,
in so far as the provision applies to passengers,
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the
constable may arrest that person without warrant.”
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2 Penalties
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The following shall be inserted after section
61(2) of the Civil Aviation Act 1982
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(c. 16) (air navigation order: offence:
maximum penalty)—
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“(2A) Subsection
(2)(c) above shall have effect with the substitution of “five
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years”
for “two years” in the case of a provision about endangering
an
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aircraft
or a person in an aircraft.”
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3 Commencement
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This Act shall have effect in relation to
an offence committed or alleged to have
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been committed after the end of the period
of two months beginning with the
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day on which it is passed.
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4 Extent
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This Act extends to Northern Ireland.
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5 Short
Title
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This Act may be cited as the Aviation (Offences)
Act 2003.
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