
1 

(1) This Order may be cited
as the Civil Aviation Act 1949 (Overseas Territories) Order 1969.
(2) This Order shall come into
operation on 30th April 1969.
(3) The Orders set out in Schedule 1 to this Order are revoked
in so far as they form part of the law of the territories specified in Schedule 3 to this Order:Provided that nothing in this
paragraph shall affect the operation of section 13
of the Civil
Aviation Act 1949 as extended to the said territories
by the Colonial Civil Aviation (Application
of Act) Order 1952, which section is, for the sake of convenience, reproduced
in paragraph 5 of Schedule 2
to this Order.
(4) Nothing in paragraph (3)
of this Article shall affect—
(a) any Order in Council
made under any enactment revoked by this Order;
(b) any instrument or other
thing made or done or having effect under any of the enactments revoked by
this Order or under any such Order as is mentioned in subparagraph (a) of this paragraph;but any such Order or instrument or thing aforesaid shall, if and
so far as in force immediately before the coming into force of this Order,
continue in force (subject however, to any Order in Council or instrument
or thing made or done after the coming into force of this Order) and so far
as it could have been made or done under this Order shall have effect as if
made or done under this Order.
(5) In this Article “instrument”
 includes any order, regulation, direction,
instruction, rule or other requirement, any notice and any certificate, licence,
validation or other authority.
(6) Any document referring
to any enactment revoked by this Order shall be construed as referring to
this Order or to the corresponding enactment in this Order.
2 

(1) In this Order unless the
context otherwise requires—
 “Central and Southern Line Islands”
 means the islands of Malden, Starbuck,
Vostock, Caroline and Flint;
 “Colony” means 
any of the colonies, protectorates or other territories mentioned in Schedule 3 to this Order, and
includes the dependencies of a colony;
 “Chicago Convention”
means the Convention on International Civil Aviation signed on behalf of
the Government of the United Kingdom at Chicago on the seventh day of December
1944;
 “Government Aerodrome”
means an aerodrome under the control of the Governor
and a naval, military or air force aerodrome;
 “Governor” means 
the officer for the time being administering the Government of the Colony
.
(2) In this Order references
to 
“Her Majesty's dominions” 
shall be construed as though British protectorates and protected states and
trust territories administered by the Government of any part of Her Majesty's
dominions, formed part of Her Majesty's dominions.
(3) The Interpretation Act 1889
shall apply, with the necessary adaptations, for the purpose of interpreting
this Order and otherwise in relation thereto as it applies for the purpose
of interpreting and in relation to Acts of Parliament.
3 
The provisions of sections 8, 9, 10, 11, 14, 27, 38, 40, 41, 51, 53, 57, 58, 59, 60, 61, 62 and 63
of the Civil
Aviation Act 1949, adapted and modified as
set out in Schedule 2
hereto, are hereby extended to the territories mentioned in Schedule 3 hereto.
W. G. Agnew

SCHEDULE 1
Article 1(3)


Order Reference
The Colonial Civil Aviation (Application
of Act) Order 1952. S.I. 1952/868 (1952 I, p. 565).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1953. S.I. 1953/591 (1953 I, p. 275).
The Colonial Civil Aviation (Application
of Act) (Amendment) (No. 2) Order 1953. S.I. 1953/1669 (1953 I, p. 277).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1954. S.I. 1954/830 (1954 I, p. 463).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1955. S.I. 1955/709 (1955 I, p. 458).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1958. S.I. 1958/1514 (1958 I, p. 303).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1959. S.I. 1959/1052 (1959 I, p. 684).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1961. S.I. 1961/2317 (1961 III, p. 4271).
The Colonial Civil Aviation (Application
of Act) (Amendment) Order 1965. S.I. 1965/980 (1965 I, p. 2419).
SCHEDULE 2
Article 3
PART II
1 
“
Section 8 

(1) Her Majesty may by Order in Council make
such provision as appears to Her to be requisite or expedient—
(a) for carrying out the Chicago Convention,
any Annex thereto relating to international standards and recommended practices
(being an Annex adopted in accordance with the Convention) and any amendment
of the Convention or any such Annex made in accordance with the Convention;
or
(b) generally for regulating air navigation.

(2) Her Majesty may by Order in Council make
provision—
(a) as to the registration of aircraft in
the Colony;
(b) for prohibiting aircraft from flying
unless certificates of airworthiness issued or validated under the Order are
in force with respect to them and except upon compliance with such conditions
as to maintenance or repair as may be specified either in the Order or by
the Governor;
(c) for the licensing, inspection and regulation
of aerodromes, for access to aerodromes and places where aircraft have landed,
for access to aircraft factories for the purpose of inspecting work therein
carried on in relation to aircraft or parts thereof and for prohibiting or
regulating the use of unlicensed aerodromes;
(d) for prohibiting persons from engaging
in, or being employed in or (except in the maintenance at unlicensed aerodromes
of aircraft not used for or in connection with commercial, industrial or other
gainful purposes) in connection with, air navigation in such capacities as
may be specified either in the Order or by the Governor except in accordance
with provisions in that behalf contained in the Order, and for the licensing
of those employed at aerodromes licensed under the Order in the inspection
or supervision of aircraft;
(e) as to the conditions under which, and
in particular the aerodromes to or from which, aircraft entering or leaving
the Colony may fly, and as to the conditions under which aircraft may fly
from one part of the Colony to another;
(f) as to the conditions under which passengers
and goods may be carried by air and under which aircraft may be used for other
commercial, industrial or gainful purposes, and for prohibiting the carriage
by air of goods of such classes as may be specified either in the Order or
by the Governor;
(g) for minimizing or preventing interference
with the use or effectiveness of apparatus used in connection with air navigation,
and for prohibiting or regulating the use of such apparatus as aforesaid and
the display of signs and lights liable to endanger aircraft;
(h) generally for securing the safety, efficiency
and regularity of air navigation and the safety of aircraft and of persons
and property carried therein, for preventing aircraft endangering other persons
and property and, in particular, for the detention of aircraft for any of
the purposes specified in this paragraph;
(i) for requiring persons engaged in, or
employed in or in connection with, air navigation to supply meteorological
information for the purposes of air navigation;
(j) for regulating the making of signals
and other communications by or to aircraft and persons carried therein;
(k) for regulating the use of the civil air
ensign and any other ensign established by Her Majesty in Council for purposes
connected with air navigation;
(l) for prohibiting aircraft from flying
over such areas in the Colony as may be specified either in the Order or by
the Governor;
(m) for applying, adapting or modifying,
or enabling the Governor to apply, adapt or modify, the enactments relating
to customs in relation to aerodromes and to aircraft and to persons and property
carried therein and for preventing smuggling by air, and for permitting, or
enabling the Governor to permit, in connection with air navigation, subject
to such conditions as appear to Her Majesty in Council, or to the Governor,
as the case may be, to be requisite or expedient for the protection of the
revenue, the importation of goods into the Colony without payment of duty;

(n) as to the manner and conditions of the
issue, validation, renewal, extension or variation of any certificate, licence
or other document required by the Order (including the examinations and tests
to be undergone), and as to the form, custody, production, cancellation, suspension,
endorsement and surrender of any such document;
(o) for regulating, or enabling the Governor
to regulate, the charges that may be made for the use of aerodromes licensed
under the Order and for services provided at such aerodromes;
(p) for prescribing, or enabling the Governor
to prescribe, the fees to be paid in respect of the issue, validation, renewal,
extension or variation of any certificate, licence or other document or the
undergoing of any examination or test required by, or in pursuance of, the
Order and in respect of any other matters in respect of which it appears to
Her Majesty in Council, or to the Governor, to be expedient for the purpose
of the Order to charge fees;
(q) for exempting from the provisions of
the Order or any of them any aircraft or persons or classes of aircraft or
persons.
(3) An Order in Council under this section
may make different provision with respect to different classes of aircraft,
aerodromes, persons or property and with respect to different circumstances
and with respect to different parts of the Colony but shall, so far as practicable,
be so framed as not to discriminate in like circumstances between aircraft
registered in the Colony operated on charter terms by one air transport undertaking
and such aircraft so operated by another such undertaking.
(4) An Order in Council under this section
may, for the purpose of securing compliance with the provisions thereof, provide
for the imposition of penalties not exceeding a fine of two hundred pounds
and imprisonment for a term of six months, and, in the case of any provision
having effect by virtue of paragraph (1) of subsection (2) of this section,
may also for that purpose provide for the taking of such steps (including
firing on aircraft) as may be specified in the Order.
(7) Part VI
 of this Act applies to this section.”
2 
“
Section 9 

(1) In time of war, whether actual or imminent,
or of great national emergency, the Governor may by order regulate or prohibit,
either absolutely or subject to such conditions as may be contained in the
order, the navigation of all or any descriptions of aircraft over the Colony
or any portion thereof; and may be order provide for taking possession of
and using for the purposes of Her Majesty's naval, military or air forces
any aerodrome, or any aircraft in the Colony, or any machinery, plant, material
or things found in or on any such aerodrome or such aircraft, and for regulating
or prohibiting the use, erection, building, maintenance or establishment of
any aerodrome, or flying school, or any class or description thereof.
(2) An order under this section may make,
for the purposes of the order, such provision as an Order in Council under 
section 8 of this Act may by virtue of 
subsection (4) of that section make for the
purpose of securing compliance with provisions thereof having effect by virtue
of paragraph (l) of subsection (2)
of that section.
(3) Any person who suffers direct injury
or loss, owing to the operation of an order of the Governor under this section,
shall be entitled to receive compensation from the Governor, from such public
funds as he may lawfully apply for the purpose, the amount thereof to be fixed,
in default of agreement, by an arbitrator to be agreed upon or failing agreement
to be appointed by the Chief Justice or other chief judicial officer of the
Colony:Provided that no compensation shall be payable by reason
of the operation of a general order under this section prohibiting flying
in the Colony or any part thereof.
(6) Part VI
 of this Act applies to this section.”
3 
“
Section 10 

(1) The Governor may make regulations providing
for the investigation of any accident arising out of or in the course of air
navigation, and either occurring in or over the Colony or occurring elsewhere
to British aircraft registered in the Colony.
(2) Regulations under this section may contain
provisions—
(a) requiring notice to be given of any such
accident as aforesaid in such manner and by such persons as may be specified;

(b) applying, with or without modification,
for the purpose of investigations held with respect to any such accidents
any of the provisions of any law in force in the Colony relating to the investigation
of deaths or accidents;
(c) prohibiting, pending investigation, access
to or interference with aircraft to which an accident has occurred, and authorising
any person, so far as may be necessary for the purposes of an investigation,
to have access to, examine, remove, take measures for the preservation of,
or otherwise deal with, any such aircraft;
(d) authorising or requiring the cancellation,
suspension, endorsement or surrender of any licence or certificate granted
in the Colony under this Part of this Act or any Order in Council or order
made under this Part of this Act, or the withdrawal or suspension of any validation
conferred in the Colony of a licence granted by a duly competent authority
elsewhere, where it appears on an investigation that the licence or certificate
ought to be cancelled, suspended, endorsed or surrendered, or the validation
withdrawn or suspended, as the case may be, and requiring the production of
any such licence or certificate for the purpose of being so dealt with:Provided that nothing in this section shall limit the
powers of any authority under sections
530 to 537 of the Merchant Shipping
Act 1894 or any enactment amending those sections.

(3) If any person contravenes or fails to
comply with any regulations under this section, he shall be liable, on summary
conviction, to a fine not exceeding fifty pounds or to imprisonment for a
term not exceeding three months.
(5) Part VI
 of this Act applies to this section.”
4 
“
Section 11 

(1) Where an aircraft is flown in such a
manner as to be the cause of unnecessary danger to any person or property
on land or water, the pilot or the person in charge of the aircraft, and also
the owner thereof unless he proves to the satisfaction of the court that the
aircraft was so flown without his actual fault or privity, shall be liable
on summary conviction to a fine not exceeding two hundred pounds or to imprisonment
for a term not exceeding six months or to both such fine and such imprisonment.
In this section the expression “owner”
 in relation to an aircraft includes
any person by whom the aircraft is hired at the time of the offence.

(2) The provisions of this section shall
be in addition to and not in derogation of the powers conferred on Her Majesty
in Council by section 8
of this Act.
(3) Part VI
 of this Act applies to this section.”
 in relation to an aircraft includes
any person by whom the aircraft is hired at the time of the offence.
(2)The provisions of this section shall
be in addition to and not in derogation of the powers conferred on Her Majesty
in Council by section 8
of this Act.(3)Part VI
 of this Act applies to this section.
5 
“
Section 13 

(1) The Governor may, with the approval of
a Secretary of State, make regulations—
(a) to secure that aircraft shall not be
used in the Colony by any person—
(i) for plying, while carrying passengers
or goods for hire or reward, on such journeys or classes of journeys (whether
beginning and ending at the same point or at different points) as may be specified
in the regulations, or
(ii) for such flying undertaken for the purpose
of any trade or business as may be so specified,except under the authority of, and in accordance with, a licence
granted to the said person by the licensing authority specified in the regulations;

(b) as to the circumstances in which a licence
under the regulations may or shall be granted, refused, revoked or suspended,
and in particular as to the matters to which the licensing authority specified
in the regulations is to have regard in deciding whether to grant or refuse
such a licence;
(c) as to appeals from the licensing authority
by persons interested in the grant, refusal, revocation or suspension of any
licence under the regulations;
(d) as to the conditions which may be attached
to such a licence (including conditions as to the fares, freight or other
charges to be charged by the holder of the licence), and for securing compliance
with any conditions so attached;
(e) as to the information to be furnished
by an applicant for, or the holder of, such a licence to such authorities
as may be specified in the regulations;
(f) prescribing the fees to be paid in respect
of the grant of any licence under the regulations, or enabling such fees to
be prescribed by any person or authority specified in that behalf by the regulations;
and such regulations may make different provision as respects different
classes of aircraft and different classes of licences.
(2) Regulations made under this section may,
for the purpose of securing compliance with the regulations, provide for the
imposition of the following penalties, namely—
(a) in the case of a first offence against
the regulations, a fine not exceeding five hundred pounds or imprisonment
for a term not exceeding three months or both such fine and such imprisonment;
and
(b) in the case of a second or subsequent
offence against the regulations, a fine not exceeding five thousand pounds
or imprisonment for a term not exceeding two years or both such fine and such
imprisonment.
(3) Part VI
 of this Act applies to this section.”
6 
“
Section 14 

(1) The Governor may, with the approval of
a Secretary of State, make regulations—
(a) requiring any person—
(i) who carries on the business of carrying
passengers or goods in aircraft for hire or reward on such journeys or classes
of journeys (whether beginning and ending at the same point or at different
points) as may be specified in the regulations, or
(ii) who is the holder of a licence in respect
of a customs aerodrome,to furnish to such authorities as may be specified in the regulations
such information relating to the use of aircraft for the purpose of his said
business and to the persons employed in connection with that use, or, as the
case may be, relating to the use of the aerodrome and to the persons employed
in aircraft arriving thereat or departing therefrom, as may be prescribed
by the regulations;
(b) requiring the owner, or the pilot or
other person in charge, of any aircraft arriving at, or departing from, any
customs aerodrome to furnish to the holder of the licence in respect of that
aerodrome such information as may be necessary to enable the holder of the
said licence to comply with such of the provisions of the regulations as relate
to him;
(c) prescribing the times at which, and the
form and manner in which, any information required under the regulations is
to be furnished:Provided that a person carrying on such a business as
is mentioned in sub-paragraph (i) of paragraph (a
) of this subsection shall not be required to furnish information
relating to the use of aircraft on journeys wholly outside the Colony, or
relating to persons exclusively employed outside the Colony, unless the person
carrying on the business is either a British subject or a British protected
person resident in the Colony or a citizen of the Republic of Ireland resident
in the Colony or a body corporate incorporated under the law of the Colony.

(2) Regulations under this section may provide
for imposing on any person who contravenes or fails to comply with any provision
of the regulations such penalties (not exceeding a fine of twenty pounds and
a further fine of five pounds for every day on which the contravention or
non-compliance continues after conviction therefor) as may be specified in
the regulations.
(3) No information with respect to any particular
undertaking which has been obtained by virtue of regulations under this section
shall, without the consent of the person carrying on that undertaking, be
disclosed otherwise than in connection with the execution of such regulations,
and if any person discloses any such information in contravention of this
subsection, he shall be liable, on summary conviction, to imprisonment for
a term not exceeding three months or to a fine not exceeding fifty pounds
or to both such fine and such imprisonment or, on conviction on indictment,
to imprisonment for a term not exceeding two years or to a fine not exceeding
one hundred pounds or to both such fine and such imprisonment.Nothing in this subsection shall apply to the disclosure of any
information for the purposes of any legal proceedings which may be taken by
virtue of this subsection or of regulations made under this section, or for
the purpose of any report of any such proceedings, but, save as aforesaid,
the restriction imposed by this subsection shall, in relation to any legal
proceedings (including arbitrations), extend so as to prohibit and prevent
any person who is in possession of any such information so obtained from disclosing,
and from being required by any court or arbitrator to disclose, that information
(whether as a witness or otherwise) except with the consent of the person
carrying on the undertaking to which the information relates.
(4) In this section the expression “customs aerodrome” means an aerodrome for the time being appointed as a place of landing
or departure of aircraft for the purposes of the enactments relating to customs
.
(5) Part VI
 of this Act applies to this section.” means an aerodrome for the time being appointed as a place of landing
or departure of aircraft for the purposes of the enactments relating to customs
.(5)Part VI
 of this Act applies to this section.
PART III
7 
“
Section 27 

(1) If the Governor is satisfied, with respect
to any building, structure or erection in the vicinity of an aerodrome to
which this section applies that, in order to avoid danger to aircraft flying
in that vicinity in darkness or conditions of poor visibility, provision ought
to be made (whether by lighting or otherwise) for giving to such aircraft
warning of the presence of that building, structure or erection, he may by
order authorise (subject to any conditions specified in the order) the proprietor
of the aerodrome, and any person acting under the proprietor's instructions,—

(a) to execute, instal, maintain, operate,
and, as occasion requires, to repair and alter, such works and apparatus as
may be necessary for enabling such warning to be given in the manner specified
in the order, and
(b) so far as may be necessary for exercising
any of the powers conferred by the order to enter upon and pass over (with
or without vehicles) any such land as may be specified in the order:Provided that no such order shall be made in relation
to any building, structure or erection if it appears to the Governor that
there have been made, and are being carried out, satisfactory arrangements
for the giving of such warning as aforesaid of the presence of the building,
structure or erection.
(2) The Governor shall, before making any
such order as aforesaid, cause to be published, in such manner as he thinks
best for informing persons concerned, notice of the proposal to make the order
and of the place where copies of the draft order may be obtained free of charge,
and take into consideration any representations with respect to the order
which may, within such period not being less than two months after the publication
of the notice as may be specified therein, be made to him by any person appearing
to him to have an interest in any land which would be affected by the order;
and at the end of that period the order may, subject to the provisions of
this section, be made with such modifications (if any) of the original draft
as the Governor thinks proper.
(3) Every such order as aforesaid shall provide—

(a) that, except in a case of emergency,
no works shall be executed on any land in pursuance of the order, unless,
at least fourteen days previously, the proprietor of the aerodrome to which
the order relates has served in the manner prescribed by the order on the
occupier of that land, and on every other person known by the proprietor to
have an interest therein, a written notice containing such particulars of
the nature of the proposed works, and the manner in which and the time at
which it is proposed to execute them, as may be prescribed by or in accordance
with the order; and
(b) that if, within fourteen days after service
of the said notice on any person having such an interest, the proprietor of
the aerodrome receives a written intimation of objection on the part of that
person to the proposals contained in the notice, being an intimation which
specifies the grounds of objection, then, unless and except in so far as the
objection is withdrawn, no steps shall be taken in pursuance of the notice
without the specific sanction of the Governor;and shall also provide for requiring the proprietor of the aerodrome
to which the order relates to pay to any person having an interest in any
land affected by the order such compensation for any loss or damage which
that person may suffer in consequence of the order as may, in default of agreement,
be determined from time to time by a single arbitrator appointed by the Chief
Justice or other chief judicial officer of the Colony; and, for the purposes
of this subsection, any expense reasonably incurred in connection with the
lawful removal of any apparatus installed in pursuance of such an order, and
so much of any expense incurred in connection with the repair, alteration,
demolition or removal of any building, structure or erection to which such
an order relates as is attributable to the operation of the order, shall be
deemed to be loss or damage suffered in consequence of the order.
(4) The ownership of anything shall not be
taken to be affected by reason only that it is placed in, or affixed to, any
land in pursuance of such an order as aforesaid; and (subject to the provisions
of the next following subsection) so long as any such order in respect of
an aerodrome is in force, no person shall, except with the consent of the
proprietor of the aerodrome, wilfully interfere with any works or things which,
to the knowledge of that person, are works or things executed or placed, in,
on or over any land in pursuance of the order.If any person contravenes the foregoing provisions of this subsection,
he shall be liable, on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding two hundred pounds or to both
such fine and such imprisonment; and every person who wilfully obstructs a
person in the exercise of any of the powers conferred by such an order as
aforesaid shall be liable, on summary conviction, to a fine not exceeding
fifty pounds.
(5) Nothing in this section shall operate,
in relation to any building, structure or erection, so as to restrict the
doing of any work for the purpose of repairing, altering, demolishing or removing
the building, structure or erection:Provided that—
(a) notice of the doing of that work is given
as soon as may be to the proprietor of the aerodrome; and
(b) the giving of warning of the presence
of the building, structure or erection in the manner provided by any order
under this section in force in relation thereto is not interrupted.
(7) In this section—
(a) the expression 
“aerodrome to which this section applies” means a Government aerodrome or any premises which, by virtue of an Order
in Council made under section 8
of this Act, are for the time being licensed as an aerodrome for public use
; and
(b) the expression 
“proprietor of the aerodrome” means, in relation to any premises used or appropriated for use as an aerodrome,
the person carrying on or entitled to carry on the business of an aerodrome
in those premises or, in the case of a Government aerodrome, the officer in
charge of the aerodrome.
(8) Part VI
 of this Act applies to this section.” means, in relation to any premises used or appropriated for use as an aerodrome,
the person carrying on or entitled to carry on the business of an aerodrome
in those premises or, in the case of a Government aerodrome, the officer in
charge of the aerodrome.(8)Part VI
 of this Act applies to this section.
8 
“
Section 38 

(1) If any person trespasses on any land
forming part of a Government aerodrome or an aerodrome licensed in pursuance
of an Order in Council under section 8
of this Act, he shall be liable, on summary conviction, to a fine not exceeding
five pounds:Provided that no person shall be liable to any penalty
under this section unless it is proved that, at the material time, notices
warning trespassers of their liability under this section were posted so as
to be readily seen and read by members of the public, in such positions on
or near the boundary of the aerodrome as appear to the court to be proper.

(2) Part VI
 of this Act applies to this section.”
PART IV
9 
“
Section 40 

(1) No action shall lie in respect of trespass
or in respect of nuisance, by reason only of the flight of an aircraft over
any property at a height above the ground, which, having regard to wind, weather
and all the circumstances of the case, is reasonable, or the ordinary incidents
of such flight so long as the provisions of 
Part II and this Part of this Act and any Order
in Council or order made in pursuance of Part
II or this Part of this Act, being provisions
which extend to the Colony, are duly complied with.
(2) Where material loss or damage is caused
to any person or property on land or water by, or by a person in, or an article
or person falling from, an aircraft while in flight, taking off or landing,
then unless the loss or damage was caused or contributed to by the negligence
of the person by whom it was suffered, damages in respect of the loss or damage
shall be recoverable without proof of negligence or intention or other cause
of action, as if the loss or damage had been caused by the wilful act, neglect,
or default of the owner of the aircraft:Provided that where material loss or damage is caused
as aforesaid in circumstances in which—
(a) damages are recoverable in respect of
the said loss or damage by virtue only of the foregoing provisions of this
subsection; and
(b) a legal liability is created in some
person other than the owner to pay damages in respect of the said loss or
damage;the owner shall be entitled to be indemnified by that other person
against any claim in respect of the said loss or damage.
(3) Part VI
 of this Act applies to this section.”
10 
“
Section 41 

(1) An Order in Council under 
section 8 of this Act may provide for regulating
the conditions under which noise and vibration may be caused by aircraft on
aerodromes and may provide that subsection (2) of this section shall apply
to any aerodrome as respects which provision as to noise and vibration caused
by aircraft is so made.
(2) No action shall lie in respect of nuisance
by reason only of the noise and vibration caused by aircraft on an aerodrome
to which this subsection applies by virtue of an Order in Council under 
section 8 of this Act, as long as the provisions
of any such Order in Council are duly complied with.
(3) Part VI
 of this Act applies to this section.”
PART V
11 
“
Section 51 

(1) Any services rendered in assisting, or
in saving life from, or in saving the cargo or apparel of, an aircraft in,
on or over the sea or any tidal water, or on or over the shores of the sea
or any tidal water, shall be deemed to be salvage services in all cases in
which they would have been salvage services if they had been rendered in relation
to a vessel; and where salvage services are rendered by an aircraft to any
property or person, the owner of the aircraft shall be entitled to the same
reward for those services as he would have been entitled to if the aircraft
had been a vessel.The foregoing provisions of this subsection shall have effect notwithstanding
that the aircraft concerned is a foreign aircraft, and notwithstanding that
the services in question are rendered elsewhere than within the limits of
the territorial waters adjacent to any part of Her Majesty's dominions.
(2) The Governor may by regulations direct
that any provisions of any law of the Colony for the time being in force which
relate to wreck, to salvage of life or property or to the duty of rendering
assistance to vessels in distress shall, with such exceptions, adaptations
and modifications, if any, as may be specified in the regulations, apply in
relation to aircraft as those provisions apply in relation to vessels.
(3) For the purposes of this section, any
provisions of any law of the Colony which relate to vessels laid by or neglected
as unfit for sea service shall be deemed to be provisions relating to wreck.

(4) Part VI
 of this Act applies to this section.”
12 
“
Section 53 

(1) Any lawful entry into the Colony or any
lawful transit across the Colony, with or without landings, of an aircraft
to which this section applies shall not entail any seizure or detention of
the aircraft or any proceedings being brought against the owner or operator
thereof or any other interference therewith by or on behalf of any person
in the Colony, on the ground that the construction, mechanism, parts, accessories
or operation of the aircraft is or are an infringement of any patent, design
or model.
(2) The importation into, and storage in,
the Colony of spare parts and spare equipment for an aircraft to which this
section applies and the use and installation thereof in the repair of such
an aircraft shall not entail any seizure or detention of the aircraft or of
the spare parts or spare equipment or any proceedings being brought against
the owner or operator of the aircraft or the owner of the spare parts or spare
equipment or any other interference with the aircraft by or on behalf of any
person in the Colony on the ground that the spare parts or spare equipment
or their installation are or is an infringement of any patent, design or model:
Provided that this subsection shall not apply in relation
to any spare parts or spare equipment which are sold or distributed in the
Colony or are exported from the Colony for sale or distribution.
(3) This section applies—
(a) to an aircraft, other than an aircraft
used in military, customs or police services, registered in any country or
territory in the case of which there is for the time being in force a declaration
made by Here Majesty by Order in Council, with a view to the fulfilment of
the provisions of the Chicago Convention to which this section relates, that
the benefits of those provisions apply to that country or territory, and
(b) to such other aircraft as Her Majesty
may be Order in Council specify.
(5) Part VI
 of this Act applies to this section.”
PART VI
13 
“
Section 57 

(1) Any Order in Council, order or regulation
made under any of the enactments to which this Part of this Act applies or
this Part of this Act, or any order or regulation made, or instructions given
by the Governor thereunder, may contain such incidental and supplementary
provisions as appear to Her Majesty in Council, or to the Governor, as the
case may be, to be necessary or expedient for the purposes of the Order in
Council, order, regulations or instructions; and any such Order in Council
may authorise the Governor to make orders, regulations or to give instructions
for the purposes of the Order in respect of such matters as may be specified
in the Order.
(2) An Order in Council made under any of
the enactments to which this Part of this Act applies or this Part of this
Act shall be subject to annulment in pursuance of a resolution of either House
of Parliament and may be revoked or varied by a subsequent Order in Council.

(3) Any reference in the enactments to which
this Part of this Act applies or this Part of this Act to the provisions of
an Order in Council shall include a reference to the provisions of any order
or regulation made, or instructions given, under the Order in Council.”
14 
“
Section 58 

Any Order in Council, order or regulations made under any enactment to which
this Part of this Act applies or this Part of this Act in relation to aircraft
may provide for the detention of aircraft to secure compliance with the Order
in Council, order or regulations, as the case may be, or with any enactment
to which this Part of this Act applies in connection with which the Order
in Council, order or regulations is or are made, and may make such further
provision as appears to Her Majesty in Council or to the Governor, as the
case may be, to be necessary or expedient for securing such detention.”
15 
“
Section 59 

(1) Notwithstanding that an Order in Council
made by virtue of any enactment to which this Part of this Act applies or
this Part of this Act or an order or a regulation made by virtue of any such
enactment by the Governor has effect only as part of the law of the Colony,
no provision contained in the Order in Council, order or regulation shall,
on the ground that it would have extra-territorial operation, be deemed to
be invalid in so far as it applies to British aircraft registered in the Colony,
wherever they may be, or prohibits, requires or regulates—
(a) the doing of anything by persons in,
or any of the personnel of, such British aircraft as aforesaid, wherever they
may be, or
(b) the doing of anything in relation to
such British aircraft as aforesaid by other persons being British subjects,
British protected persons or citizens of the Republic of Ireland, wherever
they may be.For the purposes of this subsection the personnel of an aircraft
shall be deemed to include the commander or other person in charge of the
aircraft, and all other members of the crew of the aircraft.Nothing in this subsection shall affect 
subsection (1) of section 3 of the 
British Nationality Act 1948 (which limits
the criminal liability of certain persons who are not citizens of the United
Kingdom and Colonies).
(2) Her Majesty may by Order in Council direct
that any of the following provisions, that is to say—
(a) any enactment to which this Part of this
Act applies; or
(b) any enactment in this Part of this Act;
or
(c) any provision of any Order in Council,
order or regulations made by virtue of any such enactment;being a provision which has extra-territorial operation in relation
to British aircraft registered in the Colony, shall, subject to such exceptions,
adaptations and modifications, if any, as may be specified in the Order made
under this subsection, have such operation also in relation to British aircraft
registered in the United Kingdom or any territory, other than the Colony,
mentioned in subsection (1) of section 66
of this Act or registered in the Isle of Man or the Channel Islands.”
16 
“
Section 60 
Any offence
under any enactment to which this Part of this Act applies or under an Order
in Council or order or regulation made under either any such enactment or
this Part of this Act shall, for the purpose of conferring jurisdiction, be
deemed to have been committed in any place where the offender may for the
time being be.”
17 
“
Section 61 

(1) Neither this Part of this Act nor any
enactment to which this Part of this Act applies shall apply to aircraft belonging
to or exclusively employed in the service of Her Majesty:Provided that Her Majesty may, by Order in Council, apply
to any such aircraft, with or without modification, any of the said enactments
or any Orders in Council, orders or regulations made thereunder.
(2) Nothing in, or in any instrument made
under, the enactments to which this Part of this Act applies or this Part
of this Act, shall prejudice or affect the rights, powers or privileges of
any general or local lighthouse authority.”
PART VII
18 
“
Section 62 

(2) The Governor may, by regulations, make
provision as to the courts in which proceedings may be taken for enforcing
any claim in respect of aircraft, and in particular may provide for conferring
jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction
and for applying to such proceedings any rules of practice or procedure applicable
to proceedings in Admiralty.
(3) Part VI
 of this Act applies to this section.”
19 
“
Section 63 

(1) In this Act, except where the context
otherwise requires, the following expressions have the meanings hereby respectively
assigned to them, that is to say—
 “aerodrome”
means any area of land or water designed, equipped,
set apart or commonly used for affording facilities for the landing and departure
of aircraft;
 “British aircraft”
means aircraft registered in any part of Her Majesty's
dominions;
 “land” includes any estate or other interest in land and any easement;

(2) Any reference in this Act to the carrying
out of works on land shall be construed as including a reference to the making
of excavations on the land or to the carrying out of levelling operations
on the land, and references to the maintenance of works or to interference
with works shall be construed accordingly.
(3) For the avoidance of doubt it is hereby
declared that in this Act the expression “loss
or damage” includes in relation
to persons, loss of life and personal injury.
(4) Any reference in this Act to goods or
articles shall be construed as including a reference to mails or animals.

(5) Any reference in this Act to any country
or territory shall, unless the context otherwise requires, be construed as
including a reference to the territorial waters, if any, adjacent to that
country or territory.
(6) Any power conferred by this Act shall
be in addition to and not in derogation of any other power so conferred.
(8) Any power conferred by this Act to make
any Order in Council, order or regulation shall be construed as including
a power exercisable in the like manner and subject to the like conditions,
if any, to vary or revoke the Order in Council, order or regulation.
(9) References in this Act to any enactment
shall, except in so far as the context otherwise requires, be taken as referring
to that enactment as amended by or under any other enactment.” includes in relation
to persons, loss of life and personal injury.(4)Any reference in this Act to goods or
articles shall be construed as including a reference to mails or animals.
(5)Any reference in this Act to any country
or territory shall, unless the context otherwise requires, be construed as
including a reference to the territorial waters, if any, adjacent to that
country or territory.(6)Any power conferred by this Act shall
be in addition to and not in derogation of any other power so conferred.(8)Any power conferred by this Act to make
any Order in Council, order or regulation shall be construed as including
a power exercisable in the like manner and subject to the like conditions,
if any, to vary or revoke the Order in Council, order or regulation.(9)References in this Act to any enactment
shall, except in so far as the context otherwise requires, be taken as referring
to that enactment as amended by or under any other enactment.
SCHEDULE 3
Article 3


 Bahamas
 Bermuda
 British Antarctic Territory
 British Honduras
 British Indian Ocean Territory
 British Solomon Islands Protectorate
 Cayman Islands
 Central and Southern Line Islands
 Falkland Islands (Colony and Dependencies)
 Fiji
 Gibraltar
 Gilbert and Ellice Islands Colony
 Hong Kong
 Montserrat
 St. Helena and its Dependencies
 St. Vincent
 Seychelles
 Sovereign Base Areas of Akrotiri and Dhekelia
 Turks and Caicos Islands
 Virgin Islands.
