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Aviation (Offences) Bill


 

Aviation (Offences) Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Transport with the

consent of Mr Frank Roy, the Member in Charge of the Bill, are published separately

as Bill 23–EN.

 
Bill 23 53/2
 
 

Aviation (Offences) Bill

    1

 

A

Bill

To

Make provision about the enforcement of certain offences connected with

aviation.

 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Arrest without warrant

     (1)    The following shall be inserted after paragraph 11 of Schedule 1A to the Police

and Criminal Evidence Act 1984 (c. 60) (arrestable offences)—

        “11A                An offence of contravening a provision of an Order in Council under

section 60 of that Act (air navigation order) where the offence relates

5

to—

                    (a)                   a provision which prohibits specified behaviour by a person

in an aircraft towards or in relation to a member of the crew,

or

                    (b)                   a provision which prohibits a person from being drunk in an

10

aircraft, in so far as it applies to passengers.”

     (2)    The following shall be inserted at the end of Article 26(2) of the Police and

Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

(arrestable offences)—

                  “(l)                    an offence of contravening a provision of an Order in Council

15

under section 60 of that Act (air navigation order) where the

offence relates to—

                        (i)                        a provision which prohibits specified behaviour by a

person in an aircraft towards or in relation to a member

of the crew, or

20

                        (ii)                       a provision which prohibits a person from being drunk

in an aircraft, in so far as it applies to passengers.”

 
Bill 23 53/2
 
 

Aviation (Offences) Bill

    2

 

     (3)    The following shall be inserted after section 82(3) of the Anti-terrorism, Crime

and Security Act 2001 (c. 24) (aviation security: arrest in Scotland without

warrant)—

           “(3A)              Where, in Scotland, a constable has reasonable grounds for suspecting

that a person has committed an offence of contravening a provision of

5

an Order in Council made under section 60 of the Civil Aviation Act

1982 (Air Navigation Orders) and the offence relates to—

                  (a)                 a provision which prohibits specified behaviour by a person in

an aircraft towards a member of the crew of the aircraft, or

                  (b)                 a provision which prohibits a person from being drunk in an

10

aircraft, in so far as the provision applies to passengers,

                         the constable may arrest that person without warrant.”

 2     Penalties

The following shall be inserted after section 61(2) of the Civil Aviation Act 1982

(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

years” for “two years” in the case of a provision about endangering an

aircraft or a person in an aircraft.”

 3     Commencement

This Act shall have effect in relation to an offence committed or alleged to have

20

been committed after the end of the period of two months beginning with the

day on which it is passed.

 4     Extent

This Act extends to Northern Ireland.

 5     Short Title

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This Act may be cited as the Aviation (Offences) Act 2003.

 

 

 
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Revised 28 January 2003