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General | |
84 Consequential repeal | |
Section 117 of the Merchant Shipping Act 1995 (c. 21) (drunkenness on duty) | |
shall cease to have effect. | |
85 Orders and regulations | 5 |
(1) An order or regulations under this Part may— | |
(a) make transitional, supplemental and incidental provision; | |
(b) make provision generally or for specified purposes only; | |
(c) make different provision for different purposes. | |
(2) The power under section 81(3)(c) for the Secretary of State to designate a class | 10 |
of person includes a power for him to designate— | |
(a) himself, or | |
(b) one or more persons employed in his Department. | |
(3) An order or regulations under this Part shall be made by statutory instrument. | |
(4) Regulations under this Part shall not be made unless a draft has been laid | 15 |
before and approved by resolution of each House of Parliament. | |
(5) An order under section 81(3)(c) shall be subject to annulment in pursuance of | |
a resolution of either House of Parliament. | |
(6) Before making regulations under section 78(2) the Secretary of State shall | |
consult such organisations as he thinks fit. | 20 |
86 Interpretation | |
(1) In this Part— | |
(a) “ship” includes every description of vessel used in navigation, and | |
(b) a reference to the navigation of a vessel includes a reference to the | |
control or direction, or participation in the control or direction, of the | 25 |
course of a vessel. | |
(2) Section 313 of the Merchant Shipping Act 1995 (interpretation) shall apply to | |
the following expressions used in this Part— | |
(a) fishing vessel, | |
(b) foreign ship, | 30 |
(c) Government ship, | |
(d) harbour authority, | |
(e) master, | |
(f) registered, | |
(g) seaman, | 35 |
(h) United Kingdom ship, and | |
(i) United Kingdom waters. | |
(3) In this Part “pilot” has the meaning given by section 31(1) of the Pilotage Act | |
1987 (c. 21) (interpretation). | |
(4) Regulations under section 267(4)(a) of the Merchant Shipping Act 1995 (power | 40 |
to define “accident” for the purposes of provisions about marine accident | |
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(4) investigations) shall, so far as is practicable, apply to the word “accident” as | |
used in relation to this Part. | |
(5) In this Part “drug” includes any intoxicant other than alcohol. | |
87 Crown application | |
(1) This Part— | 5 |
(a) shall apply, except for section 81, in relation to ships forming part of the | |
Royal Fleet Auxiliary Service, but | |
(b) shall not apply in relation to a function or activity performed or carried | |
out by a person who at the time is subject to service law (within the | |
meaning given by section 225(1) of the Army Act 1955 (c. 18) | 10 |
(interpretation)). | |
(2) This Part shall not otherwise apply in relation to— | |
(a) ships belonging to Her Majesty, or | |
(b) other Government ships. | |
88 Territorial application | 15 |
(1) This Part shall have effect in relation to— | |
(a) United Kingdom ships, | |
(b) foreign ships in United Kingdom waters, and | |
(c) un-registered ships in United Kingdom waters. | |
(2) But section 77 shall have no effect in relation to anything done in— | 20 |
(a) internal waters of Scotland, or | |
(b) any part of the internal waters or territorial sea of the United Kingdom | |
that is adjacent to Scotland (for which purpose any Order in Council | |
made under section 126(2) of the Scotland Act 1998 (c. 46) (meaning of | |
adjacent) shall have effect). | 25 |
(3) Section 83 shall not extend to Scotland. | |
Part 5 | |
Aviation: Alcohol and Drugs | |
Offences | |
89 Being unfit for duty | 30 |
(1) A person commits an offence if— | |
(a) he performs an aviation function at a time when his ability to perform | |
the function is impaired because of drink or drugs, or | |
(b) he carries out an activity which is ancillary to an aviation function at a | |
time when his ability to perform the function is impaired because of | 35 |
drink or drugs. | |
(2) In this section “drug” includes any intoxicant other than alcohol. | |
(3) Section 91 defines “aviation function” and “ancillary activity” for the purposes | |
of this Part. | |
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90 Prescribed limit | |
(1) A person commits an offence if— | |
(a) he performs an aviation function at a time when the proportion of | |
alcohol in his breath, blood or urine exceeds the prescribed limit, or | |
(b) he carries out an activity which is ancillary to an aviation function at a | 5 |
time when the proportion of alcohol in his breath, blood or urine | |
exceeds the prescribed limit. | |
(2) The prescribed limit of alcohol is (subject to subsection (3))— | |
(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres, | |
(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and | 10 |
(c) in the case of urine, 27 milligrammes of alcohol in 100 millilitres. | |
(3) In relation to the aviation function specified in section 91(1)(h) the prescribed | |
limit is— | |
(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres, | |
(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and | 15 |
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres. | |
(4) The Secretary of State may make regulations amending subsection (2) or (3). | |
(5) Section 91 defines “aviation function” and “ancillary activity” for the purposes | |
of this Part. | |
91 Aviation functions | 20 |
(1) For the purposes of this Part the following (and only the following) are aviation | |
functions— | |
(a) acting as a pilot of an aircraft during flight, | |
(b) acting as flight navigator of an aircraft during flight, | |
(c) acting as flight engineer of an aircraft during flight, | 25 |
(d) acting as flight radio-telephony operator of an aircraft during flight, | |
(e) acting as a member of the cabin crew of an aircraft during flight, | |
(f) attending the flight deck of an aircraft during flight to give or supervise | |
training, to administer a test, to observe a period of practice or to | |
monitor or record the gaining of experience, | 30 |
(g) acting as an air traffic controller in pursuance of a licence granted under | |
or by virtue of an enactment (other than a licence granted to a student), | |
and | |
(h) acting as a licensed aircraft maintenance engineer. | |
(2) For the purposes of subsection (1)(h) a person acts as a licensed aircraft | 35 |
maintenance engineer if— | |
(a) he issues a document relating to the maintenance, condition or use of | |
an aircraft or equipment in reliance on a licence granted under or by | |
virtue of an enactment relating to aviation, or | |
(b) he carries out or supervises work on an aircraft or equipment with a | 40 |
view to, or in connection with, the issue by him of a document of the | |
kind specified in paragraph (a). | |
(3) For the purposes of this Part a reference to an activity which is ancillary to an | |
aviation function is a reference to anything which falls to be treated as such by | |
virtue of subsections (4) to (6). | 45 |
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(4) An activity shall be treated as ancillary to an aviation function if it is | |
undertaken— | |
(a) by a person who has reported for a period of duty in respect of the | |
function, and | |
(b) as a requirement of, for the purpose of or in connection with the | 5 |
performance of the function during that period of duty. | |
(5) A person who in accordance with the terms of an employment or undertaking | |
holds himself ready to perform an aviation function if called upon shall be | |
treated as carrying out an activity ancillary to the function. | |
(6) Where a person sets out to perform an aviation function, anything which he | 10 |
does by way of preparing to perform the function shall be treated as an activity | |
ancillary to it. | |
(7) For the purposes of this Part it is immaterial whether a person performs a | |
function or carries out an activity in the course of an employment or trade or | |
otherwise. | 15 |
(8) The Secretary of State may by regulations— | |
(a) amend this section; | |
(b) make an amendment of this Part which is consequential on an | |
amendment under paragraph (a). | |
Enforcement | 20 |
92 Penalty | |
A person guilty of an offence under this Part shall be liable— | |
(a) on conviction on indictment, to imprisonment for a term not exceeding | |
two years, to a fine or to both, or | |
(b) on summary conviction, to a fine not exceeding the statutory | 25 |
maximum. | |
93 Specimens, &c. | |
(1) The provisions specified in the first column of the table below, with the | |
modifications specified in the third column and any other necessary | |
modifications, shall have effect in relation to an offence under this Part. | 30 |
| | Provision | Description | Modification | | | | | Road Traffic Act | | | | | | | 1988 (c. 52) | | | | | | | Section 6 | Preliminary breath | In place of subsections (1) and (2), the power | | | | | | tests | to require the provision of a specimen shall | | 35 | | | | | apply where— | | | | | | | (a) a constable in uniform reasonably | | | | | | | suspects that the person is | | | | | | | committing an offence under section | | | | | | | 90, or | | 40 | | | | | (b) a constable in uniform reasonably | | | | | | | suspects that the person has | | | | | | | committed an offence under section | | | | | | | 90 and still has alcohol in his body. | | |
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| | Provision | Description | Modification | | | | | | | The relevant time for the consumption of | | | | | | | alcohol for the purpose of subsection (3)(a) | | | | | | | shall be before providing the specimen and | | | | | | | after the time of the alleged offence. | | 5 | | | | | In subsection (3)(b) the reference to driving | | | | | | | shall be treated as a reference to undertaking | | | | | | | an aviation function or an activity ancillary to | | | | | | | an aviation function. | | | | | Section 16 | Documentary | | | 10 | | | | evidence | | | |
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(2) The Secretary of State may by regulations amend the table in subsection (1) so | |
as— | |
(a) to add a provision relating to an offence which concerns alcohol or | |
drugs in relation to road traffic; | 15 |
(b) to add, remove or amend a modification (whether or not in connection | |
with an amendment of a provision specified in the table). | |
(3) For the purpose of the application by subsection (1) of a provision listed in the | |
table in that subsection— | |
(a) the provision shall extend to the whole of the United Kingdom, and | 20 |
(b) a reference to the provision shall be treated, unless the context | |
otherwise requires, as including a reference to the provision as applied. | |
94 Arrest without warrant | |
(1) A constable may arrest a person without a warrant if the constable reasonably | |
suspects that the person— | 25 |
(a) is committing an offence under section 89, or | |
(b) has committed an offence under that section and is still under the | |
influence of drink or drugs. | |
(2) But a person may not be arrested under this section while he is at a hospital as | |
a patient. | 30 |
(3) In subsection (2) “hospital” means an institution which provides medical or | |
surgical treatment for in-patients or out-patients. | |
(4) Arrest under this section shall be treated as arrest for an offence for the | |
purposes of— | |
(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), | 35 |
and | |
(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)) (detention). | |
95 Right of entry | |
(1) A constable in uniform may board an aircraft if he reasonably suspects that he | 40 |
may wish to exercise a power by virtue of section 93 or under section 94 in | |
respect of a person who is or may be on the aircraft. | |
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(2) A constable in uniform may enter any place if he reasonably suspects that he | |
may wish to exercise a power by virtue of section 93 or under section 94 in | |
respect of a person who is or may be in that place. | |
(3) For the purposes of boarding an aircraft or entering a place under this section | |
a constable— | 5 |
(a) may use reasonable force; | |
(b) may be accompanied by one or more persons. | |
General | |
96 Regulations | |
(1) Regulations under this Part may— | 10 |
(a) make transitional, supplemental and incidental provision; | |
(b) make provision generally or for a specified purpose only; | |
(c) make different provision for different purposes. | |
(2) Regulations under this Part— | |
(a) shall be made by statutory instrument, and | 15 |
(b) may not be made unless a draft has been laid before and approved by | |
resolution of each House of Parliament. | |
(3) Before making regulations under section 90 or 91 the Secretary of State shall | |
consult such organisations as he thinks appropriate. | |
97 Crown application | 20 |
(1) This Part shall apply to a function or activity performed or carried out in | |
relation to an aircraft which belongs to or is employed in the service of the | |
Crown. | |
(2) This section is subject to section 98. | |
98 Military application | 25 |
(1) This Part shall not apply to a function or activity which is performed or carried | |
out— | |
(a) in relation to a military aircraft, and | |
(b) by a person who at the time is subject to service law. | |
(2) For the purposes of this section— | 30 |
(a) “military aircraft” has the meaning given by section 92(5) of the Civil | |
Aviation Act 1982 (c. 16) (application of criminal law to aircraft), | |
(b) the power under that provision to certify that an aircraft is or is not a | |
military aircraft shall apply, and | |
(c) “service law” has the meaning given by section 225(1) of the Army Act | 35 |
1955 (c. 18) (interpretation)). | |
99 Territorial application | |
(1) This Part applies in relation to— | |
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