The Aviation Security and Piracy (Overseas Territories) Order 2000

Article 3(1)

SCHEDULE 3 TO THIS ORDER ADAPTATIONS AND MODIFICATIONS TO THE AVIATION SECURITY ACT 1982 WHICH ARE APPLICABLE TO PARTICULAR TERRITORIES

Anguilla

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the High Court;

“daily fine” means a fine of East Caribbean dollars 500 per day;

“fine” on a trial in the High Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine of East Caribbean dollars 5000;

“offence of criminal damage” means an offence under section 3, 4, 5, 6, 7, 8 or 44 of the Malicious Damage Act(1);

“prescribed offence” means the offence of murder, attempted murder, manslaughter, or an offence under section 17, 19, 20, 21, 22, 23, 27, 28 or 29 of the Offences against the Person Act(2) or section 9 or 10 of the Malicious Damage Act;

Bermuda

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means arbitration on a reference of the Minister under section 6(2) of the Acquisition of Land Act(3);

“daily fine” means a fine of Bermuda dollars 500 per day;

“fine” on a trial in the Supreme Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine of Bermuda dollars 5000;

“Legislative Council” means the House of Assembly;

“offence of criminal damage” means an offence under section 426, 427 or 448 of the Criminal Code(4);

“prescribed offence” means murder, attempted murder, manslaughter or an offence under section 303, 304, 305, 306, 307 or 308 of the Criminal Code;

In respect of Bermuda, the definition of police officer shall include an “airport policeman” within the meaning of the Bermuda Airport Regulations 1959 (Title 23/1(b)) and the Aviation Security Officer.

British Virgin Islands

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the High Court;

“daily fine” means a fine of United States dollars 500 per day;

“fine” on a trial in the High Court means such fine as may be imposed by that Court and on a trial in a court of summary jurisdiction means a fine of United States dollars 5000;

“offence of criminal damage” means an offence under section 265, 266, 267, 268, or 272 of the Criminal Code 1997(5);

“prescribed offence” means murder, attempted murder, manslaughter and an offence under section 163, 164, 165, 166, 167, 168, 169, 171, 172, 173 or 174 of the Criminal Code 1997;

Cayman Islands

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the Grand Court;

“daily fine” means a fine of Cayman Islands dollars 500 per day;

“fine” on a trial in the Grand Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine of Cayman Islands dollars 5000;

“offence of criminal damage” means an offence under section 250, 257 or 258 of the Penal Code(6);

“prescribed offence” means murder, attempted murder, manslaughter, or an offence under section 199, 201, 202, 204, or 205 of the Penal Code;

Falkland Islands

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the Supreme Court;

“daily fine” means a fine of not exceeding one tenth of level 5 on the standard scale, as prescribed under the Criminal Justice Ordinance 1989(7) per day;

“fine” on a trial in the Supreme Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine not exceeding the statutory maximum as prescribed under the Criminal Justice Ordinance 1989;

“offence of criminal damage” means section 1 of the Criminal Damage Act 1971 of the United Kingdom Parliament(8) as applied by the Crimes Ordinance 1989(9);

“prescribed offence” means murder, attempted murder, manslaughter, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 of the United Kingdom Parliament(10), or section 1 of the Explosive Substances Act 1883 of the United Kingdom Parliament(11), both as applied by the Crimes Ordinance 1989;

Montserrat

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the High Court;

“daily fine” means a fine of East Caribbean dollars 500 per day;

“fine” on a trial in the High Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine of East Caribbean dollars 5000;

“offence of criminal damage” means an offence under section 265 of the Penal Code(12);

“prescribed offence” means murder, attempted murder, manslaughter or an offence under section 163, 164, 165, 166, 167, 168, 170, 171, 172 or 173 of the Penal Code;

St. Helena and Dependencies

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the Land Valuation Board established under the Land Acquisition Ordinance(13);

“Attorney-General of the Territory” means the Attorney-General of St. Helena;

“daily fine” means a fine not exceeding one hundred pounds per day;

“fine” on a trial in the Supreme Court means such fine as may be imposed by that Court and on a trial in a subordinate court means a fine not exceeding one thousand pounds;

“offence of criminal damage” means an offence under section 3 of the Criminal Damage Ordinance 1979(14);

“prescribed offence” means murder, attempted murder, manslaughter or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the United Kingdom Offences against the Person Act 1861 or under section 2 of the United Kingdom Explosive Substances Act 1883 as those Acts have effect in accordance with the English Law (Application) Ordinance 1987(15), and the Application of English Law (Ascension) Ordinance 1973(16);

Sovereign Base Areas of Akrotiri and Dhekelia

Section 25 of the Act, as set out in Schedule 2 of this Order, shall not apply and paragraph 5 of Schedule 1 to the Act shall have effect as if the words “in Council” were deleted.

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the Compensation Assessment Tribunal;

“daily fine” means a fine not exceeding one tenth of level 5 on the standard scale, as prescribed under the law of the United Kingdom, per day;

“fine” on a trial in the Judge’s Court or the Senior Judge’s Court means such fine as may be imposed by that Court;

“offence of criminal damage” means an offence under section 324 of the Criminal Code(17);

“prescribed offence” means premeditated murder, an attempt to commit premeditated murder, homicide or an offence under section 226, 227, 228, 231, 232, 234, or 325 of the Criminal Code;

Turks and Caicos Islands

Insert the following definitions in the appropriate alphabetical position in section 38(1)—

“appropriate acquisition authority” means the Supreme Court;

“daily fine” means a fine of United States dollars 500 per day;

“fine” on a trial in the Supreme Court means such fine as may be imposed by that Court and on a trial in the Magistrates Court means a fine of United States dollars 5000;

“offence of criminal damage” means an offence under section 4, 5, 6, 7, 8, 9, 10, 14 or 32 of the Malicious Injuries to Property Ordinance(18) or under section 7 of the Summary Offences Ordinance(19);

“prescribed offence” means murder, attempted murder, manslaughter or an offence under section 10, 11, 12, 13, 14, 15, 18, 19 or 20 of the Offences against the Person Ordinance(20)or section 9(e) of the Summary Offences Ordinance.

(1)

Cap. 49 of the Laws of Anguilla.

(2)

Cap. 56 of the Laws of Anguilla.

(3)

Title 19/2 of the Laws of Bermuda.

(4)

Title 8/31 of the Laws of Bermuda.

(5)

Laws of the Virgin Islands 1/1997.

(6)

Law 12/75, 1995 Rev., in the Laws of the Cayman Islands.

(7)

Ord. 17/1989 in the Laws of the Falkland Islands.

(8)

1971 c. 48.

(9)

Ord. 10/1989 in the Laws of the Falkland Islands.

(10)

1861 c. 100.

(11)

1883 c. 3.

(12)

Ord. 12/1983 in the Laws of Montserrat.

(13)

Cap. 59 in the Laws of St. Helena.

(14)

Ord. 8/1979 in the Laws of St. Helena.

(15)

Ord. 16/1987 of the Laws of St. Helena.

(16)

Ord. 1/1973 of the Laws of Ascension.

(17)

Cap. 155 of the Laws of Cyprus as adapted and applied in the Sovereign Base Areas.

(18)

Cap. 31 of the Laws of the Turks and Caicos Islands.

(19)

Cap. 32 of the Laws of the Turks and Caicos Islands.

(20)

Cap. 28 of the Laws of the Turks and Caicos Islands.