- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2024)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/01/2024.
There are currently no known outstanding effects for the Civil Aviation Act 1982, Cross Heading: Jurisdiction, etc..
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Her Majesty may by Order in Council make provision as to the courts in which proceedings may be taken for enforcing any claim in respect of aircraft, and in particular may provide—
(a)for conferring jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction; and
(b)for applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty.
Modifications etc. (not altering text)
C1S. 91 extended (Anguilla) (with modifications) (8.5.2019) by The Civil Aviation Act 1982 (Anguilla) Order 2019 (S.I. 2019/756), arts. 1, 2, Sch.
C2S. 91 extended (overseas territories) (with modifications) (26.5.2021) by The Civil Aviation Act 1982 (Overseas Territories) Order 2021 (S.I. 2021/477), arts. 1(1), 2, Sch.
(1)Any act or omission taking place on board a British-controlled aircraft [F1or (subject to subsection (1A) below) a foreign aircraft] while in flight elsewhere than in or over the United Kingdom which, if taking place in, or in a part of, the United Kingdom, would constitute an offence under the law in force in, or in that part of, the United Kingdom shall constitute that offence; but this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under that law when taking place outside the United Kingdom.
[F2(1A)Subsection (1) above shall only apply to an act or omission which takes place on board a foreign aircraft where—
(a)the next landing of the aircraft is in the United Kingdom, and
(b)in the case of an aircraft registered in a country other than the United Kingdom, the act or omission would, if taking place there, also constitute an offence under the law in force in that country.
(1B)Any act or omission punishable under the law in force in any country is an offence under that law for the purposes of subsection (1A) above, however it is described in that law.]
(2)Subject to any provision to the contrary in any Act passed after 14th July 1967, no proceedings for any offence under the law in force in, or in a part of, the United Kingdom committed on board an aircraft while in flight elsewhere than in or over the United Kingdom (other than an offence under, or under any instrument made under, any of the air navigation enactments) shall be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
(b)in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland;
F3...
[F4(2A)The requirement in subsection (1A)(b) above shall be taken to be met unless, not later than the rules of court may provide, the defence serve on the prosecution a notice—
(a)stating that, on the facts as alleged with respect to the act or omission, the requirement is not in their opinion met;
(b)showing the grounds for their opinion; and
(c)requiring the prosecution to prove that it is met.
(2B)The court, if it thinks fit, may permit the defence to require the prosecution to prove that the requirement is met without the prior service of a notice under subsection (2A) above.
(2C)In the Crown Court the question whether the requirement is met is to be decided by the judge alone.]
(3)For the purpose of conferring jurisdiction, any offence under the law in force in, or in a part of, the United Kingdom committed on board an aircraft in flight shall be deemed to have been committed in any place in the United Kingdom (or, as the case may be, in that part thereof) where the offender may for the time being be.
(4)For the purpose of this section the period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and any reference in this section to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country.
(5)In this section, except where the context otherwise requires—
“aircraft” means any aircraft, whether or not a British-controlled aircraft, other than—
a military aircraft; or
subject to section 101(1)(b) below, an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of Her Majesty in right of the United Kingdom;
“[F5 82,] 83, 87 and 97 of this Act;
” means the enactments contained in sections 60 to 62, 72 to 77,“British-controlled aircraft” means an aircraft—
which is for the time being registered in the United Kingdom; or
which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely—
that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United Kingdom; and
that he resides or has his principal place of business in the United Kingdom; or
which, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid;
[F6 “ foreign aircraft ” means any aircraft other than a British-controlled aircraft; ]
“military aircraft” means—
an aircraft of the naval, military or air forces of any country; or
any other aircraft in respect of which there is in force a certificate issued in accordance with any Order in Council in force under section 60, 87, 89, 91, 101(1)(a) or 107(2) of this Act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft;
and a certificate of the Secretary of State that any aircraft is or is not a military aircraft for the purposes of this section shall be conclusive evidence of the fact certified.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 92(1) inserted (18.7.1996) by 1996 c. 39, s. 1(2)
F2S. 92(1A)(1B) inserted (18.7.1996) by 1996 c. 39, s. 1(3)
F3Words in s. 92(2) repealed (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/113, art. 2, Sch. para. 21(k)
F4S. 92(2A)-(2C) inserted (18.7.1996) by 1996 c. 39, s. 1(4)
F5Words in s. 92(5) substituted (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 106(4), 110(3)(e) (with Sch. 10 paras. 12, 17)
F6Definition in s. 92(5) inserted (18.7.1996) by 1996 c. 39, s. 1(5)
F7S. 92(6) repealed (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/113, art. 2, Sch. para. 21(k)
Modifications etc. (not altering text)
C3S. 92(4)(5) extended by Extradition Act 1989 (c. 33, SIF 48), ss. 1, 22(7), Sch. 1 para. 15(3)
C4S. 92(4)(5): power to apply conferred (with modifications) (26.11.2018) by Space Industry Act 2018 (c. 5), ss. 52(2)(b), 70(1); S.I. 2018/1224, reg. 2(ss)
Textual Amendments
F8S. 93 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys