812

PART I

Other acts endangering or likely to endanger safety of aircraft.

c. 36

Aviation Security Act 1982

3.--(1) It shall, subject to subsections (5) and (6) below, be an offence for any person unlawfully and intentionally to destroy or damage any property to which this subsection applies, or to interfere with the operation of any such property, where the destruction, damage or interference is likely to endanger the safety of aircraft in flight.

(2) Subsection (1) above applies to any property used for the provision of air navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board an aircraft or elsewhere.

(3) It shall also, subject to subsections (4) and (5) below, be an offence for any person intentionally to communicate any information which is false, misleading or deceptive in a material particular, where the communication of the information endan- gers the safety of an aircraft in flight or is likely to endanger the safety of aircraft in flight.

(4) It shall be a defence for a person charged with an offence under subsection (3) above to prove-

(a) that he believed, and had reasonable grounds for believ

ing, that the information was true; or

(b) that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in the performance of those duties.

(5) Subsections (1) and (3) above shall not apply to the com. mission of any act unless either the act is committed in the United Kingdom, or, where it is committed outside the United Kingdom--

(a) the person committing it is a United Kingdom nat-

ional; or

(b) the commission of the act endangers or is likely to endanger the safety in flight of a civil aircraft regis- tered in the United Kingdom or chartered by demise to a lessee whose principal place of business, or (if he has no place of business) whose permanent resi dence, is in the United Kingdom; or

(c) the act is committed on board a civil aircraft which

is so registered or so chartered; or

(d) the act is committed on board a civil aircraft which lands in the United Kingdom with the person who committed the act still on board.

(6) Subsection (1) above shall also not apply to any act con-- mitted outside the United Kingdom and so committed in relation

Aviation Security Act 1982

c. 36

to property which is situated outside the United Kingdom and is not used for the provision of air navigation facilities in con- nection with international air navigation, unless the person committing the act is a United Kingdom national.

(7) A person who commits an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

"

(8) In this section civil aircraft" means any aircraft other than an aircraft used in military, customs or police service and "unlawfully has the same meaning as in section 2 of this Act.

17

PART 1

4.—(1) It shall be an offence for any person without lawful Offences in authority or reasonable excuse (the proof of which shall lie on him) to have with him--

relation to certain dangerous

(a) in any aircraft registered in the United Kingdom, articles.

whether at a time when the aircraft is in the United Kingdom or not, or

(b) in any other aircraft at a time when it is in, or in flight

over, the United Kingdom, or

(c) in any part of an acrodrome in the United Kingdom, or (in any air navigation installation in the United Kingdom

which does not form part of an aerodrome,

any article to which this section applies.

(2) This section applies to the following articles, that is to say--

(a) any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not:

(b) any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive; and

(c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or dam- aging property, or intended by the person having it with him for such use, whether by him or by any other person.

(3) For the purposes of this section a person who is for the time being in an aircraft, or in part of an aerodrome, shall be

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