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Change 1
As published
34 Power to prevent flight of aircraft or departure of railway vehicles.
(1) If it appears to any officer or constable that an aircraft is intended or likely to depart for a destination outside the United Kingdom and the Isle of Man from—
(a) any place other than a regulated aerodrome; or
(b) a regulated aerodrome before the aircraft is cleared for departure,
he may give such instructions and take such steps by way of detention of the aircraft or otherwise as appear to him necessary in order to prevent the flight.
(1A) If it appears to any officer or constable—
(a) that a railway vehicle is intended or likely to depart for a destination outside the United Kingdom, and
(b) that—
(i) the last place at which goods may be loaded onto or unloaded from, or passengers may board or disembark from, the vehicle before it leaves the United Kingdom is not within a railway customs area, or
(ii) it is intended or likely to depart from a railway customs area before being cleared for departure,
the officer or constable may give such instructions and take such steps by way of detention of the vehicle or otherwise as appear necessary in order to prevent its departure.
(2) Any person who contravenes any instructions given under subsection (1) or (1A) above shall be liable on summary conviction to a penalty of level 4 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.
(3) If an aircraft flies or railway vehicle departs in contravention of any instruction given under subsection (1) or (1A) above or flies or departs notwithstanding any steps taken to prevent the flight or departure, the owner and the vehicle operator thereof shall, without prejudice to the liability of any other person under subsection (2) above, each be liable on summary conviction to a penalty of level 4 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both, unless he proves that the flight or departure took place without his consent or connivance.
Your change, as a redline
34 Power to prevent flight of aircraft or departure of railway vehicles.
(1) If it appears to any officer or constable that an aircraft is intended or likely to depart for a destination outside the United Kingdom and the Isle of Man from—
(a) any place other than a regulated aerodrome; or
(b) a regulated aerodrome before the aircraft is cleared for departure,
he may give such instructions and take such steps by way of detention of the aircraft or otherwise as appear to him necessary in order to prevent the flight.
(1A) If it appears to any officer or constable—
(a) that a railway vehicle is intended or likely to depart for a destination outside the United Kingdom, and
(b) that—
(i) the last place at which goods may be loaded onto or unloaded from, or passengers may board or disembark from, the vehicle before it leaves the United Kingdom is not within a railway customs area, or
(ii) it is intended or likely to depart from a railway customs area before being cleared for departure,
the officer or constable may give such instructions and take such steps by way of detention of the vehicle or otherwise as appear necessary in order to prevent its departure.
(2) Any person who contravenes any instructions given under subsection (1) or (1A) above shall be liable on summary conviction to a penalty of level 4 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.
(3) If an aircraft flies or railway vehicle departs in contravention of any instruction given under subsection (1) or (1A) above or flies or departs notwithstanding any steps taken to prevent the flight or departure, the owner and the vehicle operator thereof shall, without prejudice to the liability of any other person under subsection (2) above, each be liable on summary conviction to a penalty of level 4 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both, unless he proves that the flight or departure took place without his consent or connivance.
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