The Aviation Security and Piracy (Overseas Territories) Order 2000 No. 3059

SCHEDULE 2 TO THIS ORDER PROVISIONS OF THE AVIATION SECURITY ACT 1982 AS ADAPTED AND MODIFIED WHICH ARE EXTENDED TO ALL THE TERRITORIES SPECIFIED IN SCHEDULE 1

PART II OF THE AVIATION SECURITY ACT 1982 PROTECTION OF AIRCRAFT, AERODROMES AND AIR NAVIGATION INSTALLATIONS AGAINST ACTS OF VIOLENCE

Supplemental provisions with respect to directions

Operation of directions under Part II in relation to rights and duties under other laws

19.—(1) The following provisions of this section, where they refer to a direction under any of the preceding provisions of this Part of this Act, shall be construed as referring to that direction as it has effect subject to any limitation imposed on its operation—

(a) by section 16 of this Act, or

(b) by any exemption or immunity of the Crown;

and any reference in those provisions to compliance with such a direction shall be construed as a reference to compliance with it subject to any limitation so imposed.

(2) In so far as any such direction requires anything to be done or not done in the Territory, the direction shall have effect notwithstanding anything contained in any contract (whether a Territory contract or not) or contained in, or having effect by virtue of, any other Act or any rule of law; and accordingly no proceedings (whether civil or criminal) shall lie against any person in any Territory court by reason of anything done or not done by him or on his behalf in compliance with such a direction.

(3) In so far as a direction requires anything to be done or not done at a place outside the Territory, the direction shall have effect notwithstanding anything contained in any contract (whether a Territory contract or not); and accordingly, where such a direction is inconsistent with anything in such a contract, it shall (without prejudice to any proceedings in a court other than a Territory court) be construed as requiring compliance with the direction notwithstanding that compliance would be in breach of that contract.

(4) No proceedings for breach of contract shall lie against any person in a Territory court by reason of anything done or not done by him or on his behalf at a place outside the Territory in compliance with any such direction, if the contract in question is a Territory contract.

(4A) Any reference in this section to a direction under any of the preceding provisions of this Part of this Act includes a reference to an enforcement notice.

(5) In this section “Territory court” means a court exercising jurisdiction in the Territory under the law of the Territory, and “Territory contract ” means a contract which is either expressed to have effect in accordance with the law of the Territory or (not being so expressed) is a contract the law applicable to which is the law of the Territory.