(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Any relevant constable may—
(a) stop any person who is leaving a cargo area in a relevant aerodrome and inspect any goods carried by that person;
(b) stop and search any vehicle or aircraft which is leaving any such area and inspect the vehicle or aircraft and any goods carried on or in it; and
(c) detain in the area—
(i) any such goods as aforesaid for which there is not produced a document authorising their removal from the area signed by a person authorised in that behalf by the manager of the aerodrome; and
(ii) any such vehicle or aircraft as aforesaid so long as there are on or in it goods liable to detention under this paragraph.
(3) Nothing in subsection (2) above shall be construed as conferring a power to search any person.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this section cargo area means, subject to subsection (7) below, any area which appears to the Secretary of State to be used wholly or mainly for the storage or handling of cargo in an aerodrome and is designated by an order made by him for the purposes of this section.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Any power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(9) The powers conferred by this section on a relevant constable are without prejudice to any powers exercisable by him apart from this section.
(1) So long as any aerodrome is a relevant aerodrome any power of the manager of the aerodrome to make aerodrome byelaws shall, if it would not otherwise do so—
(a) extend to the making of byelaws in respect of the whole of the aerodrome; and
(b) include power to make byelaws requiring any person, if so requested by a relevant constable, to leave the aerodrome or any particular part of it or to state his name and address and the purpose of his being on the aerodrome.
(2) A relevant constable may remove from any relevant aerodrome , or from any part of it—
(a) any person who, in contravention of any aerodrome byelaws, fails or refuses to leave the aerodrome or part after being requested by the constable to do so;
(b) any vehicle, animal or thing brought to or left within the aerodrome or part in contravention of any aerodrome byelaws and any vehicle, animal or thing likely to cause danger or obstruction.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Control of road traffic at relevant aerodromes.
(1) So long as any aerodrome is a relevant aerodrome, the functions of a chief officer of police under any provisions applying in relation to the aerodrome under section 65 of the Airports Act 1986(application to certain aerodromes of provisions relating to road traffic) shall, notwithstanding any order under that section, be exercisable by that officer to the exclusion of the chief officer of any aerodrome constabulary; and for the purposes of any functions of a chief officer of police under those provisions any part of the aerodrome which is not within the relevant police area shall be treated as if it were.
(2) In the application of this Part to Scotland and Northern Ireland, so long as any aerodrome is a relevant aerodrome—
(a) traffic wardens appointed by the police authority for the relevant police area . . . may exercise their functions on the aerodrome and shall be entitled, as against the manager of the aerodrome, to enter the aerodrome accordingly;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A relevant person may refer a dispute about the policing of a relevant aerodrome to the Secretary of State.
(2) For the purposes of this section and sections 29B to 29D, there is a dispute about the policing of a relevant aerodrome if—
(a) there is a dispute between any of the relevant persons about the terms to be included in a police services agreement and, in consequence, there is, or there is likely to be, a breach of the requirement imposed by section 25B(1),
(b) there is a dispute between any of the relevant persons about whether or how a police services agreement should be varied,
(c) there is a dispute between any of the relevant persons about the construction or operation of a police services agreement which is or has been in force in relation to the aerodrome, or
(d) there is a dispute between any of the relevant persons about the payments to be made, or the accommodation and facilities to be provided, under section 26(2C).
(3) For the purposes of subsection (2)(c) or (d), it does not matter whether the aerodrome is a relevant aerodrome when the dispute arises.
29B Powers of Secretary of State in relation to disputes
(1) This section applies where—
(a) a dispute about the policing of a relevant aerodrome is referred to the Secretary of State under section 29A, or
(b) although no such reference is made, the Secretary of State thinks that there is a dispute about the policing of a relevant aerodrome.
(2) The Secretary of State may require any relevant person to take such steps as the Secretary of State thinks may assist to resolve the dispute.
(3) The Secretary of State may require any relevant person to make payments in respect of any costs incurred by another person (whether or not a relevant person) in connection with the taking of the steps mentioned in subsection (2).
(4) The payments that may be required under subsection (3) include payments in respect of any costs incurred by the Secretary of State (including any costs attributable to the work of officials of the Secretary of State).
(5) If the Secretary of State decides not to exercise the power in subsection (2), or if the Secretary of State exercises that power but the dispute is not resolved, the Secretary of State may determine the dispute.
(1) This section applies where the Secretary of State is determining a dispute about the policing of a relevant aerodrome.
(2) The Secretary of State must give the relevant persons an opportunity to make representations.
(3) If the dispute falls within section 29A(2)(a) or (b), the Secretary of State must have regard to the matters mentioned in section 25E(2).
(4) Subject to subsections (2) and (3), the Secretary of State may decide the procedure for determining the dispute.
(5) In particular, the Secretary of State may require a relevant person to provide such information as the Secretary of State may specify to—
(a) the Secretary of State, or
(b) another relevant person.
(6) Subsection (7) applies if, in determining a dispute about the policing of a relevant aerodrome, the Secretary of State—
(a) provides information to a relevant person, or
(b) requires a relevant person to provide information to another relevant person.
(7) The Secretary of State may require the person to whom the information is provided not to disclose the information without the consent of the Secretary of State.
(1) This section applies where the Secretary of State has considered a dispute about the policing of a relevant aerodrome.
(2) Where the dispute is within section 29A(2)(a), the Secretary of State—
(a) must make a declaration as to the terms which are to have effect as the terms of a police services agreement between the relevant persons, and
(b) may make an order as to costs.
(3) Where a declaration is made under subsection (2)(a), references in this Part to a police services agreement are to have effect, so far as necessary, as references to the terms which the declaration provides are to have effect as the terms of a police services agreement.
(4) Where the dispute is within section 29A(2)(b), the Secretary of State may—
(a) make a declaration varying the police services agreement;
(b) determine that the manager of the aerodrome is obliged to pay to the local policing body or police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;
(c) determine that the local policing body or police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;
(d) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;
(e) make an order as to costs.
(5) Where the dispute is within section 29A(2)(c), the Secretary of State may—
(a) make a declaration as to how any term of the police services agreement is to be construed;
(b) make a declaration as to how any term of the agreement is to be, or ought to have been, operated;
(c) make a declaration varying the agreement;
(d) determine that the manager of the aerodrome is obliged to pay to the local policing body or police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;
(e) determine that the local policing body or police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;
(f) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;
(g) make an order as to costs.
(6) Where the dispute is within section 29A(2)(d), the Secretary of State may—
(a) determine that the manager of the aerodrome is obliged to pay to the local policing body or police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner;
(b) determine that the local policing body or police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner;
(c) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome;
(d) make an order as to costs.
(7) In this section, “ costs ” means—
(a) the legal or other costs incurred by the Secretary of State (including costs attributable to the work of officials of the Secretary of State), and
(b) the legal or other costs incurred by any of the relevant persons.
29E Dispute resolution: appeals and enforcement etc.
(1) A relevant person may appeal to the High Court against—
(a) any requirement imposed on the person under section 29B(3), or
(b) any declaration, determination or order of the Secretary of State under section 29D.
(2) Any requirement imposed under section 29B(3) or 29C(7), and any declaration, determination or order made under section 29D may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).
(3) In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.
31 Interpretation and application of Part III to Scotland and Northern Ireland.
(1) In this Part of this Act, subject to the following provisions of this section—
aerodrome byelaws means, in relation to any aerodrome, byelaws having effect under any enactment authorising the manager of the aerodrome to make byelaws in respect of the whole or any part of the aerodrome;
aerodrome constabulary means, in relation to any aerodrome, any body of constables which the manager of the aerodrome has power to maintain at the aerodrome;
“ aerodrome security plan ”, in relation to any aerodrome, has the same meaning as in Part 2A;
...
“ dispute about the policing of a relevant aerodrome ” has the meaning given by section 29A(2);
“ immigration officer ” means a person who is an immigration officer within the meaning of the Immigration Act 1971;
...
“ police services agreement ” has the meaning given by section 25B(3) of this Act (but this is subject to section 29D(3) of this Act);
“ relevant aerodrome ” has the meaning given by section 25AA;”
“ the relevant persons ” has the meaning given by section 25B(4) of this Act , as read with subsection (1ZA) below ;
“ the relevant persons ”, in relation to an aerodrome, means—
the manager of the aerodrome,
the police authority for the relevant police area, and
the chief officer of police for that area.
relevant police area and relevant constable, in relation to any aerodrome, mean respectively the police area in which the aerodrome is wholly or mainly situated and any constable under the direction and control of the chief officer of police for that area.
“security executive group” and “security measures” have the same meaning as in Part 2A;
(1ZA) In relation to a dispute about payments to be made which is within section 29A(2)(d) and concerns an aerodrome in England or Wales, “ relevant persons ” includes the local policing body for the relevant police area.
(1A) If an aerodrome ceases to be a relevant aerodrome, but subsequently becomes such an aerodrome again, this Part applies in relation to the aerodrome with the following modifications—
(a) section 25B(2) applies as if the reference to the first aerodrome security plan were a reference to the first aerodrome security plan after the time when the aerodrome becomes a relevant aerodrome again,
(b) section 25C applies as if the reference in subsection (2) to the first police services agreement were a reference to the first police services agreement after the time when the aerodrome becomes a relevant aerodrome again, and
(c) section 26(2CA) applies as if the reference to the time when an aerodrome security plan is first required to be in force were a reference to the time when an aerodrome security plan is first required to be in force by virtue of the aerodrome becoming a relevant aerodrome again.
(2) In the application of this Part to Scotland—
(a) references to the chief officer of police for the relevant police area shall be construed as references to the chief constable of the Police Service of Scotland,
(b) references to the police authority for the relevant police area shall ... be construed as references to the Scottish Police Authority , and
(c) references in any provision to the police force for a police area are to be construed as references to the Police Service of Scotland.
(3) In the application of this Part of this Act to Northern Ireland—
(a) the reference in subsection (1) above to constables or any constable under the direction and control of the chief officer of police for the area there mentioned shall be construed as references to members or any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;
(b) references in other provisions to a chief officer of police shall be construed as references to the Chief Constable of the Royal Ulster Constabulary; and
(c) references in any provision to the police authority or police force for a police area shall be construed respectively as references to the Northern Ireland Policing Board and the Royal Ulster Constabulary.
(1) There shall continue to be, under the control and management of the Secretary of State, a fund called the Aviation Security Fund out of which payments shall be made in accordance with this section.
(2) The Secretary of State may, out of the Aviation Security Fund, reimburse to any person who is—
(a) the operator of one or more aircraft registered or operating in the United Kingdom, or
(b) the manager of an aerodrome in the United Kingdom, or
(c) the authority responsible for an air navigation installation in the United Kingdom, or
(d) a person to whom a direction has been or could be given by the Secretary of State under section 14 of this Act by virtue of subsection (1)(c) or (d) of that section,
the whole or part of any expenses which, for purposes to which Part II of this Act applies, have, in the case of a person mentioned in paragraph (a), (b) or (c) above, been at any time on or after 1st June 1972 or, in the case of a person mentioned in paragraph (d) above, been at any time after the passing of the Aviation and Maritime Security Act 1990, incurred or may, in any case, be incurred by any such person in relation to those aircraft, to that aerodrome or air navigation installation or to the land or activities concerned,as the case may be, whether or not the expenses have been or are incurred in consequence of a direction given under Part II of this Act.
(3) For the purposes of this section any expenses incurred in paying compensation under section 22 of this Act shall be treated as being expenses incurred as mentioned in subsection (2) above.
(4) The Secretary of State may, out of the Aviation Security Fund, reimburse to the manager of an aerodrome such part as he may determine of—
(a) any payments made or other expenses incurred by the manager under section 26(3) of this Act;
(b) any payments made by the manager by virtue of any order under section 30 of this Act.
(5) If the Secretary of State certifies that any payment which, but for this subsection, would be paid out of the Aviation Security Fund under the preceding provisions of this section is of an exceptional nature, that payment may, with the consent of the Treasury, be paid out of money provided by Parliament instead of out of the Fund.
(6) Any money in the Aviation Security Fund which appears to the Secretary of State not to be immediately required for the purposes of the Fund may be deposited by him with the Bank of England or with a recognised bank or licensed institution within the meaning of the Banking Act 1979, and any interest received by the Secretary of State in respect of money so deposited shall be paid by him into the Fund.
(7) There shall be paid out of the Aviation Security Fund into the Consolidated Fund sums equal to the amount of any expenses incurred by the Secretary of State in the management and control of the first-mentioned Fund.
(1) The Secretary of State may make regulations containing such provisions as he considers appropriate for requiring managers of aerodromes to pay him, in respect of all aerodromes or of aerodromes of a prescribed class, contributions to the Aviation Security Fund calculated in accordance with the following provisions of this section.
(2) Those contributions shall be payable in respect of prescribed periods and the contribution payable for any aerodrome in respect of each such period shall be one of the following amounts, or if the regulations so provide, the aggregate of those amounts, that is to say—
(a) an amount ascertained by multiplying a prescribed sum by the number of passengers, or passengers of a prescribed description, who during that period arrived by air at or departed by air from that aerodrome or the number of such passengers in excess of a prescribed limit;
(b) an amount ascertained by multiplying a prescribed sum by the total prescribed units of weight of each aircraft, or aircraft of a prescribed description, which during that period arrived at or departed from that aerodrome.
(3) Without prejudice to the generality of subsection (1) above, regulations under this section may—
(a) prescribe the time when any contribution is to be paid;
(b) charge interest at a rate prescribed with the consent of the Treasury on so much of any contribution as is overdue;
(c) require managers of aerodromes, in relation to the aerodromes under their management, to furnish the Secretary of State with such information, to keep such records and to make such returns to him about the matters mentioned in subsection (2) above as may be prescribed;
(d) provide that contravention of any prescribed provision of the regulations (other than a failure to pay a contribution or interest on any overdue contribution) shall be an offence, either triable on indictment or summarily or triable only summarily, and punishable in each case with a fine, not exceeding, in the case of a summary conviction—
(i) in Great Britain, the statutory maximum if the offence is also triable on indictment or £1,000 if it is not;
(ii) in Northern Ireland, £1,000;
(e) make such incidental, supplemental and transitional provision as the Secretary of State thinks fit; and
(f) make different provision for different cases.
(4) The Secretary of State shall pay into the Aviation Security Fund all money received by him by virtue of regulations made under this section.
(5) The power to make regulations under this section shall be exercisable by statutory instrument; and regulations shall not be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
(6) In this section prescribed means prescribed by regulations under this section.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) On such day as is declared by the Secretary of State by order to be that on which the winding up was completed sections 32(1), (5), (6) and (7) and 33 of this Act shall cease to have effect, and as from that day subsections (2) and (4) of section 32 of this Act shall have effect as if—
(a) all payments under those subsections fell to be defrayed out of money provided by Parliament, instead of out of the Aviation Security Fund; and
(b) the consent of the Treasury were required for all such payments.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where an offence under this Act (including any provision of Part II as applied by regulations made under section 21F of this Act) or under regulations made under section 21G.of this Act has been committed by a body corporate and 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.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) In this Act, except in so far as the context otherwise requires—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
aerodrome means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 and (if and so far as not comprised in an aerodrome as defined in that Act) any land, building or works situated within the boundaries of an area designated, by an order made by the Secretary of State which is for the time being in force, as constituting the area of an aerodrome for the purposes of this Act;
air navigation installation means any building, works, apparatus or equipment used wholly or mainly for the purpose of assisting air traffic control or as an aid to air navigation, together with any land contiguous or adjacent to any such building, works, apparatus or equipment and used wholly or mainly for purposes connected therewith;
aircraft registered or operating in the United Kingdom means any aircraft which is either—
(a) an aircraft registered in the United Kingdom, or
(b) an aircraft not so registered which is for the time being allocated for use on a flight any part of which is in the United Kingdom;
article includes any substance, whether in solid or liquid form or in the form of a gas or vapour;
constable includes any person having the powers and privileges of a constable;
explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him;
firearm includes an airgun or air pistol;
manager, in relation to an aerodrome, means the person (whether . . . the Civil Aviation Authority, a local authority or any other person) by whom the aerodrome is managed;
military service includes naval and air force service;
measures (without prejudice to the generality of that expression) includes the construction, execution, alteration, demolition or removal of buildings or other works and also includes the institution or modification, and the supervision and enforcement, of any practice or procedure;
operator has the same meaning as in the Civil Aviation Act 1982;
property includes any land, buildings or works, any aircraft or vehicle and any baggage, cargo or other article of any description;
. . .
United Kingdom national means an individual who is—
(a) a British citizen, a British Dependent Territories citizen , a British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 is a British subject; or
(c) a British protected person (within the meaning of that Act).
(1A) Subject to subsection (1D), a reference in this Act to an aircraft includes a reference to a medium-range rocket.
(1B) In subsection (1A) “rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant).
(1C) For the purposes of subsection (1A) a rocket is a “medium-range” rocket if—
(a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but
(b) it is not capable of operating above the stratosphere.
(1D) The Secretary of State may by order—
(a) provide that subsection (1A) does not apply to any specified provisions of this Act;
(b) provide for any provision of this Act, as it has effect by virtue of subsection (1A), to apply with specified modifications.
(2) For the purposes of this Act—
(a) in the case of an air navigation installation provided by, or used wholly or mainly by, the Civil Aviation Authority, that Authority, and
(b) in the case of any other air navigation installation, the person by whom it is provided, or by whom it is wholly or mainly used,
shall be taken to be the authority responsible for that air navigation installation.
(3) For the purposes of this Act—
(a) the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and property on board; and
(b) an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the aircraft for a flight and ends 24 hours after the aircraft lands having completed that flight, and also at any time (not falling within that period) while, in accordance with the preceding paragraph, the aircraft is in flight,
and anything done on board an aircraft while in flight over any part of the United Kingdom shall be treated as done in that part of the United Kingdom.
(4) For the purposes of this Act the territorial waters adjacent to any part of the United Kingdom shall be treated as included in that part of the United Kingdom.
(5) Any power to make an order under subsection (1) or (1D) above shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Any power to give a direction under any provision of this Act shall be construed as including power to revoke or vary any such direction by a further direction . . . .
(7) Subject to section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), Part I of this Act shall not be construed as—
(a) conferring a right of action in any civil proceedings in respect of any contravention of this Act, or
(b) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
(8) References in this Act to enactments (including the reference to Acts in section 30(2)(a) of this Act) shall include references to Northern Ireland enactments, that is to say, to any enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly, and without prejudice to the provisions of the Interpretation Act 1978, in the application of this Act to Northern Ireland, any reference to a Northern Ireland enactment or to an enactment which the Parliament of Northern Ireland had power to amend—
(a) shall be construed as including a reference to any Northern Ireland enactment passed after this Act and re-enacting the said enactment with or without modifications, and
(b) shall, except in so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and as including a reference thereto as extended or applied by or under any other enactment, including this Act.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subsection (4) of section 26 of the Merchant Shipping and Maritime Security Act 1997 (power to extend provisions about piracy to Isle of Man, Channel Islands and colonies) shall apply to section 5 of this Act as it applies to the provisions mentioned in that subsection.
(3) Her Majesty may by Order in Council make provision for extending any of the provisions of Part 2A or this Act (other than the provisions to which subsection (1) or (2) above applies and the provisions of Part III) with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man, any colony, . . .
(4) Except in pursuance of subsection (1), . . .or (3) above, the provisions of this Act and, in particular, the repeal of the provisions which those subsections re-enact do not affect the law of any country or territory outside the United Kingdom.
(1) Schedule 2 to this Act (which contains consequential amendments and savings) shall have effect; and the provisions of that Schedule are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).
(2) Subject to the provisions of Schedule 2 to this Act, the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of Schedule 3.
(1) This Act may be cited as the Aviation Security Act 1982.
(2) This Act shall come into force on the expiration of the period of three months beginning with its passing.
Section 22.
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 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.
3 In relation to any measures taken by any person on land outside an aerodrome or air navigation installation, any reference in the relevant section to a direction or enforcement notice, or to compliance with a direction or enforcement notice, 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 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 Upper Tribunal.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 In the application of this Schedule to Scotland—
(a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed as a reference to section 12 of the Land Compensation (Scotland) Act 1963, and
(b) the reference in paragraph 7 to the Upper 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 Land Compensation Act 1961 shall be construed, notwithstanding paragraph 4 of Schedule 1 to the 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 Upper 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 Conveyancing and Feudal Reform (Scotland) Act 1970.
Section 40.
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 Visiting Forces Act 1952, as amended by the 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 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 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Suppression of Terrorism Act 1978
7 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)
.
The British Nationality Act 1981
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 40.
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).