Aviation Security Act 1982

SCHEDULES

Section 22.

SCHEDULE 1 U.K. Provisions Relating to Compensation

Modifications etc. (not altering text)

C1 Sch. 1 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251, art. 2(1), Sch. 1 Pt.I

Sch. 1 applied (with modifications) (6.12.2000) by S.I. 2000/3059, art. 3(1), Schs. 2, 3, as amended (1.5.2016) by The Aviation Security and Piracy (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/369), arts. 3, 4

1 U.K. This Schedule applies to compensation under section 22 of this Act (in this Schedule referred to as the relevant section).

2 U.K. No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the relevant section (or in accordance with regulations made under the following provisions of this Schedule) serves on the [F1 person] by whom the measures in question were taken a notice in writing claiming compensation under that section, and that notice is served before the end of the period of two years from the completion of the measures.

Textual Amendments

F1 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8, Sch. 1 para. 20(2)

3 U.K. In relation to any measures taken by [F2 any person on land outside an aerodrome or air navigation installation], any reference in the relevant section to a direction [F3 or enforcement notice], or to compliance with a direction [F3 or enforcement notice], shall be construed as if subsection (6) of section 16 of this Act were omitted.

Textual Amendments

F2 Words substituted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8(1), Sch. 1 para. 20(3)(a)

F3 Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 8(1), Sch. 1 para. 20(3)(b)

4 U.K. In calculating value for any of the purposes of the relevant section—

(a) rules (2) to (4) of the rules set out in section 5 of the M1 Land Compensation Act 1961 shall apply with the necessary modifications, and

(b) if the interest to be valued is subject to a mortgage, it shall be treated as if it were not subject to the mortgage.

Marginal Citations

M1 1961 c. 33.

5 U.K. Regulations made by the Secretary of State by statutory instrument may make provision—

(a) requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the relevant section;

(b) as to the application of any compensation to which this Schedule applies, or any part of it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, [F4 to a feuduty or ground annual or] to the purposes of a trust, or which was so subject at a time specified in the regulations; or

(c) as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.

Textual Amendments

F4 Words in Sch. 1 para. 5(b) repealed (S.) (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 15 (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

6 U.K. A statutory instrument containing regulations made under paragraph 5 of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 U.K. Any dispute arising under the relevant section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the [F5 Upper Tribunal].

Textual Amendments

F5 Words in Sch. 1 para. 7 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 159(a) (with Sch. 5)

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 1 para. 8 repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), ss. 8(1), 53(2), Sch. 1 para. 20(4), Sch. 4

9 U.K. In the application of this Schedule to Scotland—

(a) the reference in paragraph 4(a) to section 5 of the M2 Land Compensation Act 1961 shall be construed as a reference to section 12 of the M3 Land Compensation (Scotland) Act 1963, and

(b) the reference in paragraph 7 to the [F7 Upper Tribunal shall ] be construed as a reference to the Lands Tribunal for Scotland.

Textual Amendments

F7 Words in Sch. 1 para. 9(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 159(b) (with Sch. 5)

Marginal Citations

M2 1961 c. 33.

M3 1963 c. 51.

10 U.K. In the application of this Schedule to Northern Ireland—

(a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the M4 Land Compensation (Northern Ireland) Order 1982 (which confines the operation of that Order to matters within the legislative competence of the Parliament of Northern Ireland), as a reference to Article 6(1) of that Order; and

(b) the reference in paragraph 7 to the [F8 Upper Tribunal shall ] be construed as a reference to the Lands Tribunal for Northern Ireland.

Textual Amendments

F8 Words in Sch. 1 para. 10(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 159(b) (with Sch. 5)

Marginal Citations

M4 S.I. 1982/712 (N.I. 9)

11 U.K. In this Schedule mortgage includes any charge or lien on any property for securing money or money’s worth, and any heritable security within the meaning of section 9(8) of the M5 Conveyancing and Feudal Reform (Scotland) Act 1970.

Marginal Citations

M5 1970 c. 35.

Section 40.

SCHEDULE 2 U.K. Consequential Amendments and Savings

Modifications etc. (not altering text)

C2 Schedule 2 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251, art. 2(1), Sch. 1 Pt.I

Periods running at commencement U.K.

1 U.K. Where any period of time specified in or for the purposes of any enactment re-enacted by this Act is current at the commencement of this Act, this Act shall have effect as if the provision of this Act re-enacting that enactment had been in force when that period began to run.

Past offences U.K.

2 U.K. This Act (and, in particular, the following provisions of this Schedule) shall not affect the law applicable to, or to proceedings in respect of, an offence committed before the commencement of this Act under any enactment repealed by this Act.

The Visiting Forces Act 1952 U.K.

3 U.K. Section 3 of the M6 Visiting Forces Act 1952, as amended by the M7 Protection of Aircraft Act 1973, shall, after the commencement of this Act, continue to have effect as so amended notwithstanding the repeal of the said Act of 1973 but subject to the substitution in subsection (1)—

(a) for the words section 1(4)(b) of the M8 Hijacking Act 1971 of the words section 6(2)(a) of the Aviation Security Act 1982;

(b) for the words section 1 or section 2 of the Protection of Aircraft Act 1973 of the words section 2 or section 3 of that Act; and

(c) for the words section 3(1) of the words section 6(2)(b) and (c).

Marginal Citations

M6 1952 c. 67.

M7 1973 c. 47.

M8 1971 c. 70.

The Protection of Aircraft Act 1973 U.K.

4 U.K. Where before the commencement of this Act any land, building or works was or were, by virtue of an order under section 26 of the M9 Protection of Aircraft Act 1973, included in an aerodrome for the purposes of that Act, the land, building or works shall, to the extent that that order has effect on or after the commencement of this Act, be treated as included in that aerodrome not only for the purposes of the provisions of this Act re-enacting provisions of that Act but also for the purposes of the other provisions of this Act.

Marginal Citations

M9 1973 c. 47.

The Criminal Jurisdiction Act 1975 U.K.

5 U.K. In paragraph 11 of Schedule 1 to the Criminal Jurisdiction Act 1975, for the words the Hijacking Act 1971 there shall be substituted the words “ the Aviation Security Act 1982 ”.

Modifications etc. (not altering text)

C3 The text of Sch. 2 paras. 5–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Northern Ireland (Emergency Provisions) Act 1978 U.K.

F9 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 2 para. 6 repealed (28.6.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI

The Suppression of Terrorism Act 1978 U.K.

7 U.K. For paragraphs 18 and 19 of Schedule 1 to the Suppression of Terrorism Act 1978 there shall be substituted the following paragraph—

“18 An offence under Part I of the Aviation Security Act 1982 (other than an offence under section 4 or 7 of that Act)”.

Modifications etc. (not altering text)

C4 The text of Sch. 2 paras. 5–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The British Nationality Act 1981 U.K.

F10 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 2 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 4

Section 40.

SCHEDULE 3 U.K. Repeals

Modifications etc. (not altering text)

C5 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C6 Sch. 3 extended (with modifications) (Jersey) (12.6.1993) by S.I. 1993/1251, art. 2(1), Sch. 1 Pt.I

Chapter	Short title	Extent of repeal
1967 c. 52.	The Tokyo Convention Act 1967.	In section 4, the words from and any such court onwards.
		In section 7(1), the words from except where to the said section 92.
1971 c. 70.	The Hijacking Act 1971.	The whole Act.
1973 c. 47.	The Protection of Aircraft Act 1973.	The whole Act.
1974 c. 41.	The Policing of Airports Act 1974.	The whole Act.
1975 c. 78.	The Airports Authority Act 1975.	In Part II of Schedule 5, paragraph 7.
1978 c. 8.	The Civil Aviation Act 1978.	Sections 1 to 4.
		In section 13, in subsection (1) the words from other to regulations, in subsection (2) the words or to make regulations, and in subsection (3) the words (including an Order in Council).
		Section 16(3) and (4).
1980 c. 43.	The Magistrates’ Courts Act 1980.	In Schedule 7, paragraph 156.
1980 c. 60.	The Civil Aviation Act 1980.	Sections 22 and 23.
1981 c. 61.	The British Nationality Act 1981.	In Schedule 7, the entries relating to the Hijacking Act 1971 and the Protection of Aircraft Act 1973.
1982 c. 16.	The Civil Aviation Act 1982.	In Schedule 14, paragraph 10.
		In Schedule 15, in paragraph 6 the words from for the definitions to the said section 92; and and paragraphs 10, 13, 15 and 20(3).