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Section 43.
1 This Schedule applies to compensation under section 43 of this Act (in this Schedule referred to as “the principal section”).
2 No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the principal section (or in accordance with regulations made under paragraph 5 below) 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 a harbour area, any reference in the principal section to a direction or enforcement notice, or to compliance with a direction or enforcement notice, is to be construed as if subsection (6) of section 26 of this Act were omitted.
4 In calculating value for any of the purposes of the principal section—
(a) rules (2) to (4) of the rules set out in section 5 of the [1961 c. 33.] Land Compensation Act 1961 apply with the necessary modifications, and
(b) if the interest to be valued is subject to a mortgage, it is to 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 principal 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 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7 Any dispute arising under the principal 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 In the application of this Schedule to Scotland—
(a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 is to 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 is to be construed as a reference to the Lands Tribunal for Scotland.
9 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 is to 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 is to be construed as a reference to the Lands Tribunal for Northern Ireland.
10 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 53(1).
1 (1) Section 3 of the Visiting Forces Act 1952 (restriction, as respects certain offences, of trial by United Kingdom courts of offenders connected with visiting force) is amended as follows.
(2) In subsection (1) after paragraph (e) there is inserted “or
(f) the alleged offence is an offence under section 1(2)(a)(ii) of the Aviation and Maritime Security Act 1990, where one or more such aircraft was or were the only aircraft alleged to have been thereby destroyed or seriously damaged; or
(g) the alleged offence is the offence of hijacking a warship in the service of that force or any other ship used as a naval auxiliary in that service or consists of inducing or assisting, in relation to any such warship or other ship, the commission of any such act as is mentioned in section 14(4)(a) of the Aviation and Maritime Security Act 1990; or
(h) the alleged offence is an offence under section 11, 12, or 13 of that Act in relation to a ship, or consists of inducing or assisting the commission of any such act as is mentioned in section 14(4)(b), (c) or (d) of that Act in relation to a ship, where (in either case) one or more warships in the service of that force or other ships used as naval auxiliaries in that service were the only ships alleged to have been, or to have been likely to be, thereby destroyed or damaged or whose safe navigation is alleged to have been, or to have been likely to be, thereby endangered”.
(3) In subsection (4) for “paragraphs (b) and (c)” in the first place where those words occur there is substituted “paragraphs (b), (c) and (f)”, and for “paragraphs (d) and (e)” there is substituted “paragraphs (d), (e), (g) and (h)”.
2 (1) In section 78 of the Merchant Shipping Act 1970 (unauthorised presence on board ship) for “level 2 on the standard scale” (which was substituted by virtue of section 46 of the [1982 c. 48.] Criminal Justice Act 1982) there is substituted “level 5 on the standard scale”.
(2) Sub-paragraph (1) above does not affect the punishment for any offence committed before the commencement of this paragraph.
3 In section 2 of the Criminal Jurisdiction Act 1975 (hijacking of vehicles or ships in Northern Ireland or the Republic of Ireland) in subsection (1)(a) the words “or any ship or hovercraft” are omitted.
4 In Schedule 1 to the Criminal Jurisdiction Act 1975 (offences in Republic of Ireland triable in Northern Ireland) in Part I after paragraph 11 there is inserted—
11A An offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes).
11B An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships) or under section 10 of that Act (seizing or exercising control of fixed platforms).”
5 In Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 (the scheduled offences) in Part I after paragraph 19D there is inserted—
19E Offences under the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms).”
6 In Schedule 1 to the Suppression of Terrorism Act 1978 (list of offences for purposes of section 1 of that Act) after paragraph 18 there is inserted—
“18A An offence under section 1 of the Aviation and Maritime Security Act 1990.
18B An offence under Part II of the Aviation and Maritime Security Act 1990 (other than an offence under section 15 of that Act).”
7 At the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners) there is inserted—
“Aviation and Maritime Security Act 1990 (c. 31)
Section 1 (endangering safety at aerodromes).
Section 9 (hijacking of ships).
Section 10 (seizing or exercising control of fixed platforms).
Sections 11, 12, 13 and 14 (other offences relating to ships and fixed platforms).”
8 At the end of Part II of Schedule 5 to the Police and Criminal Evidence Act 1984 (serious arrestable offences) there is added—
11 Section 1 (endangering safety at aerodromes).
12 Section 9 (hijacking of ships).
13 Section 10 (seizing or exercising control of fixed platforms).”
9 (1) Section 22 of the Extradition Act 1989 (extension of purposes of extradition for offences under Acts giving effect to international Conventions) is amended as follows.
(2) At the end of subsection (2) there is inserted—
“(i) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Montreal Convention, which was signed at Montreal on 24th February 1988 (“the Montreal Protocol”);
(j) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, which was signed at Rome on 10th March 1988 (“the Rome Convention”);
(k) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, which was also signed at Rome on 10th March 1988 (“the Rome Protocol”).”
(3) At the end of subsection (4) there is inserted—
“(i) in relation to the Montreal Protocol, an offence under section 1 of the Aviation and Maritime Security Act 1990;
(j) in relation to the Rome Convention, an offence under section 9 or 12 of that Act or an offence under section 11 or 13 of that Act committed in relation to a ship (within the meaning of Part II of that Act); and
(k) in relation to the Rome Protocol, an offence under section 10 of that Act or an offence under section 11 or 13 of that Act committed in relation to a fixed platform (within the meaning of Part II of that Act).”
10 In Schedule 1 to the [1870 c. 52.] Extradition Act 1989 (provisions deriving from Extradition Act 1870 and associated enactments) in paragraph 15 (deemed extension of jurisdiction of foreign states) after paragraph (k) there is inserted—
“or
an offence under section 1, 9, 10, 11, 12 or 13 of the Aviation and Maritime Security Act 1990 or an attempt to commit such an offence,”.
11 At the end of Part II of Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (serious arrestable offences) there is added—
10 Section 1 (endangering safety at aerodromes).
11 Section 9 (hijacking of ships).
12 Section 10 (seizing or exercising control of fixed platforms).”
Aviation and Maritime Security Act 1990