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Civil Aviation (Amendment) Act 1982

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This is the original version (as it was originally enacted).

4(1)In section 8 of the Act of 1949 (Air Navigation Orders)—

(a)in subsection (4), for the words from " thereof " to " taking " there shall be substituted the words "thereof, provide—

(a)subject to subsection (4A) of this section, for persons to be guilty of offences in such circumstances as may be specified in the Order and to be liable on conviction of those offences to such penalties as may be so specified; and

(b)in the case of a provision having effect by virtue of paragraph (1) of subsection (2) of this section, for the taking ; and

(b)after subsection (4) there shall be inserted the following subsections—

(4A)The power conferred by virtue of subsection (4)(a) of this section shall not include power—

(a)to provide for offences to be triable only on indictment;

(b)to authorise the imposition, on summary conviction of any offence, of any term of imprisonment or of a fine exceeding the statutory maximum ;

(c)to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.

(4B)In subsection (4A) above' the statutory maximum' means—

(a)in England and Wales and Northern Ireland, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money); and

(b)in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (that is to say, £1,000 or another sum fixed by order under section 289D of that Act for that purpose); and for the purposes of the application of this definition in Northern Ireland the provisions of the Magistrates' Courts Act 1980 which relate to the sum mentioned in paragraph (a) above shall extend to Northern Ireland..

(2)For the purposes of any Order in Council made at any time before the coming into force of sub-paragraph (1) above, it is hereby declared that at all material times the power conferred by virtue of subsection (4) of the said section 8 has included power to provide—

(a)for offences triable only summarily ; and

(b)for maximum fines and maximum periods of imprisonment of less than the maximums specified in that subsection.

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