Aviation Security Act 1982

SCHEDULES

Section 22.

SCHEDULE 1 Provisions Relating to Compensation

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

2 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 manager of the aerodrome 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.

3 In relation to any measures taken by the manager of an aerodrome on land outside the aerodrome, any reference in the relevant section to a direction, or to compliance with a direction, shall be construed as if subsection (6) of section 16 of this Act were omitted.

4 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 [1961 c. 33.] 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.

5 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, 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.

6 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 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 Lands Tribunal.

8 For the purposes of the application of paragraphs 2 to 7 of this Schedule to compensation in respect of measures taken by the authority responsible for an air navigation installation, references in those paragraphs to an aerodrome and to the manager of an aerodrome shall be construed respectively as references to an air navigation installation and to the authority responsible for it.

9 In the application of this Schedule to Scotland—

(a) the reference in paragraph 4(a) to section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall be construed as a reference to section 12 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963, and

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

10 In the application of this Schedule to Northern Ireland—

(a) the reference in paragraph 4(a) to section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the [S.I. 1982/712 (N.I. 9).] 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 Lands Tribunal shall be construed as a reference to the Lands Tribunal for Northern Ireland.

11 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 [1970 c. 35.] Conveyancing and Feudal Reform (Scotland) Act 1970.

Section 40.

SCHEDULE 2 Consequential Amendments and Savings

Periods running at commencement

1 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

2 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

3 Section 3 of the [1952 c. 67.] Visiting Forces Act 1952, as amended by the [1973 c. 47.] 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 [1971 c. 70.] 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)".

The Protection of Aircraft Act 1973

4 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 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.

The Criminal Jurisdiction Act 1975

5 In paragraph 11 of Schedule 1 to the [1975 c. 59.] Criminal Jurisdiction Act 1975, for the words " the Hijacking Act 1971 " there shall be substituted the words " the Aviation Security Act 1982 ".

The Northern Ireland (Emergency Provisions) Act 1978

6 In paragraph 14 of Schedule 4 to the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978, for the words " the Hijacking Act 1971 " there shall be substituted the words " the Aviation Security Act 1982 ".

The Suppression of Terrorism Act 1978

7 For paragraphs 18 and 19 of Schedule 1 to the [1978 c. 26.] 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)”.

The British Nationality Act 1981

8 Until the commencement of the [1981 c. 61.] British Nationality Act 1981 section 38(1) of this Act shall have effect as if for the definition "United Kingdom national" there were substituted the following definition—

• “' United Kingdom national' means an individual who is—

  (a)

  a citizen of the United Kingdom and Colonies ; or

  (b)

  a British subject by virtue of section 2 of the [1948 c. 56.] British Nationality Act 1948 ; or

  (c)

  a British subject without citizenship by virtue of section 13 or 16 of the said Act of 1948 ; or

  (d)

  a British subject by virtue of the [1965 c. 34.] British Nationality Act 1965; or

  (e)

  a British protected person within the meaning of the said Act of 1948.”.

Section 40.

SCHEDULE 3 Repeals

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 Air craft 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).