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PART III continued
(8) Where an enforcement notice is to be served under section 29 of this Act on the owner, charterer or manager of a ship, it shall be treated as duly served on him if it is served on the master of the ship in question, but (except as provided by section 29(3) of this Act) the master shall not be obliged by virtue of this subsection to comply with the notice.
(9) Where any document mentioned in subsection (1) above is to be served (for the purposes of subsection (8) above or otherwise) on the master of a ship, it shall be treated as duly served if it is left on board that ship with the person being or appearing to be in command or charge of the ship.
(10) In this section “the United Kingdom registration provisions” means—
(a) Part I of the Merchant Shipping Act 1894,
(b) section 5 of the [1983 c. 13.] Merchant Shipping Act 1983,
(c) Part II of the [1988 c. 12.] Merchant Shipping Act 1988, and
(d) any Order in Council under section 1 of the [1968 c. 59.] Hovercraft Act 1968.
(1) In this Part of this Act, except in so far as the context otherwise requires—
“act of violence” shall be construed in accordance with section 18(2) of this Act,
“article” includes any substance, whether in solid or liquid form or in the form of a gas or vapour,
“authorised person” means a person authorised in writing by the Secretary of State for the purposes of this Part of this Act,
“British ship” means a ship which—
(a) is registered in the United Kingdom under Part I of the [1894 c. 60.] Merchant Shipping Act 1894, section 5 of the [1983 c. 13.] Merchant Shipping Act 1983, Part II of the [1988 c. 12.] Merchant Shipping Act 1988 or any Order in Council under section 1 of the [1968 c. 59.] Hovercraft Act 1968, or
(b) is not registered under the law of any country and is entitled to be registered in the United Kingdom under Part I of the Merchant Shipping Act 1894,
“constable” includes any person having the powers and privileges of a constable,
“employee”, in relation to a body corporate, includes officer,
“enforcement notice” has the meaning given by section 29(1) of this Act,
“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him,
“firearm” includes an airgun or air pistol,
“harbour”—
(a) in relation to Great Britain, means a harbour within the meaning of the [1964 c. 40.] Harbours Act 1964, and
(b) in relation to Northern Ireland, has the same meaning as in the [1970 c. 1 (N.I.).] Harbours Act (Northern Ireland) 1970,
“harbour area” has the meaning given by section 18(3) of this Act,
“harbour authority”—
(a) in Great Britain, means—
(i) a harbour authority within the meaning of the Harbours Act 1964, or
(ii) the manager of any hoverport which does not form part of an area mentioned in section 18(3)(a)(i) or (ii) of this Act, and
(b) in Northern Ireland, has the same meaning as in the Harbours Act (Northern Ireland) 1970,
“harbour operations” has the same meaning as in the Harbours Act 1964,
“hoverport” has the same meaning as in the Hovercraft Act 1968,
“manager”, in relation to a hoverport, means the person by whom the hoverport is managed,
“master” has the same meaning as in the Merchant Shipping Act 1894,
“measures” (without prejudice to the generality of that expression) includes the construction, execution, alteration, demolition or removal of any building or other works (whether on dry land or on the seabed or other land covered by water), and also includes the institution or modification, and the supervision and enforcement, of any practice or procedure,
“naval service” includes military and air force service,
“owner”, in relation to a ship registered in the United Kingdom or in any other country, means registered owner,
“property” includes any land, buildings or works, any ship or vehicle and any baggage, cargo or other article of any description,
“restricted zone”, in relation to a harbour area, means any part of the harbour area designated under section 20 of this Act or, where the whole of the harbour area is so designated, that area, and
“ship” includes hovercraft and every other description of vessel used in navigation.
(2) Any power to give a direction under any provision of this Part of this Act includes power to revoke or vary any such direction by a further direction.
(3) For the purposes of this Part of this Act a person is permitted to have access to a restricted zone of a harbour area if he is permitted to enter that zone or if arrangements exist for permitting any of his employees or agents to enter that zone.
In section 60 of the [1982 c. 16.] Civil Aviation Act 1982 (power to give effect to Chicago Convention and to regulate air navigation etc.), in subsection (3)—
(a) in paragraph (f) the words “and goods” and the words from “and for” to the end are omitted, and
(b) after that paragraph there is inserted—
“(ff) as to the conditions under which goods may be carried by air, for prohibiting the carriage by air of goods of such classes as may be specified in the Order, and for conferring, on such persons as may be so specified, powers relating to the enforcement of any such condition or prohibition (including powers to examine, take samples of, seize and detain any goods, powers to open any baggage or packages containing goods or to require them to be opened and powers to require the production of any documents);”.
(1) Except as provided by subsection (2) below, this section applies to any aircraft which—
(a) is registered in, or owned by, any State which appears to the Secretary of State to be contravening any international agreement relating to civil aviation to which that State and the United Kingdom are parties—
(i) by prohibiting any one or more aircraft registered in the United Kingdom from flying over its territory, or
(ii) by prohibiting any one or more such aircraft from landing in its territory, or
(b) is being operated under the direction of nationals of such a State.
(2) This section does not apply to any aircraft by reason only of any prohibition which affects only aircraft belonging to or exclusively employed in the service of the Crown.
(3) For the purposes of this section a State which has taken steps to prevent certain aircraft from flying over or landing in its territory is to be taken to prohibit them from doing so.
(4) Subsection (5) below applies where an aircraft to which this section applies—
(a) has landed in the United Kingdom and is situated at an aerodrome,
(b) has landed on any land in the United Kingdom outside an aerodrome, with the consent of the occupier of that land, and is situated on that land, or
(c) has landed in the United Kingdom and is situated on land outside an aerodrome to which it has been moved with the consent of the occupier of that land,
but that subsection does not apply where the aircraft has landed in the United Kingdom in accordance with permission granted by the Secretary of State under any enactment.
(5) Where this subsection applies, the Secretary of State may give a direction, in a case falling within subsection (4)(a) above to the manager of the aerodrome or in a case falling within subsection (4)(b) or (c) above to the occupier of the land, requiring him to take all such steps as may be reasonably practicable to prevent any person, other than a constable, from gaining access to the aircraft unless—
(a) it is necessary for that person to do so for the purpose of preparing the aircraft for a flight out of the United Kingdom (either directly or following an intermediate stop elsewhere in the United Kingdom for non-traffic purposes),
(b) that person is acting—
(i) with the permission of a constable, or
(ii) in the exercise of powers conferred by subsection (7) below or by or under any other enactment, or
(c) that person is a person specified in the direction acting in circumstances so specified.
(6) A direction under subsection (5) above may also prohibit the person to whom it is given from gaining access to the aircraft except in such circumstances as may be specified in the direction.
(7) Where a direction has been given under subsection (5) above, a constable or any other person specified for the purposes of this subsection in the direction—
(a) may, for the purpose of ascertaining whether the direction is being complied with or, if the direction so provides, for the purpose of moving the aircraft as mentioned in paragraph (b) below or causing it to be so moved—
(i) enter any part of the aerodrome or other land concerned (including any building or works in that aerodrome or on that land), and
(ii) go into or onto the aircraft, if need be by force,
(b) may, if the direction so provides, move the aircraft or cause it to be moved—
(i) in a case falling within subsection (4)(a) above, to such other part of the aerodrome concerned as is specified in the direction, for the purpose of preventing any interference with the functioning of the aerodrome, or
(ii) in a case falling within subsection (4)(b) or (c) above, to any aerodrome specified in the direction, for the purpose of facilitating the preparation of the aircraft for a flight out of the United Kingdom,
(c) may require—
(i) the commander of the aircraft, or
(ii) in the absence of the commander, any other person who the person making the requirement has reason to believe has in his possession documents relating to the aircraft,
to produce any such documents, and
(d) may remove and detain any such documents.
(8) Subject to subsection (9) below, a direction under subsection (5) above shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not) or contained in, or having effect by virtue of, any other enactment or rule of law; and accordingly no proceedings (whether civil or criminal) shall lie against any person in any United Kingdom court by reason of anything done or not done by him or on his behalf in compliance with a direction.
(9) The giving of a direction under subsection (5) above does not affect—
(a) any liability to pay airport charges incurred in respect of the aircraft to which the direction relates, or
(b) the exercise of any power arising under section 88 of the [1982 c. 16.] Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges).
(10) If a person who has removed and detained any documents under subsection (7)(d) above is satisfied that the aircraft is being prepared for a flight out of the United Kingdom (either directly or following an intermediate stop elsewhere in the United Kingdom for non-traffic purposes), he shall return them to the commander of the aircraft.
(11) A person commits an offence if—
(a) without reasonable excuse, he fails to comply with a direction given to him under subsection (5) above,
(b) he intentionally obstructs a person acting in the exercise of a power conferred by subsection (7) above, or
(c) knowing that a direction under subsection (5) above has effect in relation to an aircraft, he gains access to the aircraft without lawful authority or reasonable excuse and otherwise than in accordance with the direction.
(12) A person guilty of an offence under subsection (11) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(13) In this section—
“aerodrome” has the same meaning as in the [1982 c. 16.] Civil Aviation Act 1982,
“airport charges” has the same meaning as in section 88 of the Civil Aviation Act 1982,
“commander”, in relation to an aircraft, has the same meaning as in section 94 of the Civil Aviation Act 1982,
“manager”, in relation to an aerodrome, has the same meaning as in the [1982 c. 36.] Aviation Security Act 1982,
“reward” has the same meaning as in the Civil Aviation Act 1982,
“stop for non-traffic purposes” means a landing for any purpose other than the taking on board or discharging of passengers carried for reward or of cargo so carried, and
“United Kingdom court” and “United Kingdom contract” have the same meaning as in section 19 of the Aviation Security Act 1982;
and for the purposes of this section a person gains access to an aircraft if, and only if, he goes into or onto the aircraft, carries out any work on the aircraft or delivers anything to the aircraft or to persons on board the aircraft.
The offences to which an Order in Council under section 2 of the [1870 c. 52.] Extradition Act 1870 can apply shall include—
(a) offences under sections 1, 9, 10, 11, 12 and 13 of this Act, and
(b) attempts to commit such offences.
(1) Where an offence under this Act (including any provision of Part III as applied by regulations made under section 41 of this Act) or under regulations made under section 42 of this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Her Majesty may by Order in Council make provision for extending any of the provisions of section 1, Parts II and III and section 50 of this Act with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.
(2) Section 15 of the [1952 c. 67.] Visiting Forces Act 1952, section 94 of the [1970 c. 36.] Merchant Shipping Act 1970, section 7 of the [1978 c. 26.] Suppression of Terrorism Act 1978, section 39(3) of the [1982 c. 36.] Aviation Security Act 1982 and section 108 of the [1982 c. 16.] Civil Aviation Act 1982 (extension to Channel Islands, Isle of Man and other countries) apply respectively to the provisions of this Act amending each of those Acts.
There shall be paid out of money provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other Act.
(1) The enactments mentioned in Schedule 3 to this Act have effect subject to the minor and consequential amendments specified in that Schedule.
(2) The enactments mentioned in Schedule 4 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Aviation and Maritime Security Act 1990.
(2) The following provisions of this Act shall not come into force until the end of the period of two months beginning with the day on which this Act is passed—
section 1,
section 5,
Part II,
sections 37 to 40,
paragraphs 1, 2(6), 4, 5, 6 and 11(5) of Schedule 1,
Schedule 3, and
in Schedule 4, the repeals in the [1975 c. 59.] Criminal Jurisdiction Act 1975, in sections 11(5)(a), 14(7)(a) and 20(5) of the Aviation Security Act 1982 and in the [1989 c. 33.] Extradition Act 1989.
(3) This Act extends to Northern Ireland.
Aviation and Maritime Security Act 1990