Select Committee on Delegated Powers and Regulatory Reform Twenty-First Report

Annex 6


Memorandum by the Department for Transport

53.  This Memorandum is concerned with the Aviation (Offences) Bill, as brought from the House of Commons on 19 May 2003. It identifies the provisions in the Bill for delegated legislation.


54.  The Bill introduces police powers of arrest to deal with drunk or disruptive passengers on civilian aircraft and allows for an increase in the penalty for endangering the safety of a civilian aircraft or a person in a civilian aircraft.

55.  The Bill does not provide a power to make new delegated legislation. However, Clause 2 of the Bill makes provision for a change to be made to existing delegated legislation by amending the relevant order-making power in the existing primary legislation.


56.  Clause 2 amends section 61(2) of the Civil Aviation Act 1982 to allow the possibility of introducing a maximum custodial penalty of five years, through an Air Navigation Order, for an offence relating to endangering an aircraft or a person in an aircraft. Section 61(2) of the Civil Aviation Act 1982 defines the limits of the penalties for offences created by an Air Navigation Order. At present an Air Navigation Order may not authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.

57.  Clause 2 would therefore make it possible to amend the Air Navigation Order which creates the offence of endangering the safety of an aircraft (SI 2000 No.1562), in order to increase the maximum penalty for this offence to five years imprisonment.

30 May 2003

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