The Libya (United Nations Prohibition of Flights) (Dependent Territories) Order 1992

Statutory Instruments

1992 No. 974

UNITED NATIONS

The Libya (United Nations Prohibition of Flights) (Dependent Territories) Order 1992

To be laid before Parliament

Made

8th April 1992

Coming into force

15th April 1992

At the Court at Windsor Castle, the 8th day of April 1992

Present,

The Queen’s Most Excellent Majesty in Council

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations have, by a resolution adopted on 31st March 1992 called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Libya;

Now therefore Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement, operation and extent

1.—(1) This Order may be cited as the Libya (United Nations Prohibition of Flights) (Dependent Territories) Order 1992 and shall come into force on 15th April 1992.

(2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling, suspending or postponing the operation of the resolution adopted by it on 31 March 1992, this Order shall cease to have effect or its operation shall be suspended or postponed, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Governor in a notice in the official gazette of the Territory.

(3) (a) This Order shall extend to the territories listed in the Schedule to this Order.

(b) In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.

Interpretation

2.  In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say–

“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

“operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft.

Prohibition of Flights

3.—(1) Except with the permission of the Secretary of State granted under this article no aircraft, wherever registered, shall take off from, land in or fly over the Territory if its destination is, or if it has taken off from, Libya.

(2) If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence against this Order.

Penalties and proceedings

4.—(1) Any person guilty of an offence against this Order shall be liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(2) Where any body corporate is guilty of an offence against this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Proceedings against any person for an offence against this Order may be taken before the appropriate court in the Territory or in any territory to which this Order extends, having jurisdiction in the place where that person is for the time being.

(4) No proceedings for an offence against this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:

Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.

Exercise of powers of the Secretary of State

5.—(1) The Secretary of State may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Secretary of State shall be construed accordingly.

(2) Any permissions granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.

G. I. de Deney

Clerk of the Privy Council

Article 1

SCHEDULE TERRITORIES TO WHICH THE ORDER EXTENDS

• Anguilla

• Bermuda

• British Antarctic Territory

• British Indian Ocean Territory

• Cayman Islands

• Falkland Islands

• South Georgia and South Sandwich Islands

• Gibraltar

• Hong Kong

• Montserrat

• Pitcairn

• St Helena and its dependencies

• Sovereign Base Areas of Akrotiri and Dhekelia

• Turks and Caicos Islands

• Virgin Islands

Explanatory Note

(This note is not part of the Order)

This Order, made under the United Nations Act 1946, implements a decision of the Security Council of the United Nations in Resolution No.748 of 31st March 1992 by prohibiting aircraft from taking off from, landing in or overflying the territories specified in the Schedule if they are destined for, or have taken off from, Libya.

(1)

1946 c. 45.