§ Mr. Stanbrook
asked the Secretary of State for Trade what provisions in the law relating to civil aviation specify a concept of British nationality; and which would require amendment if legislation were to be introduced to amend nationality law along the lines of the White Paper on British nationality.
§ Mr. Tebbit
Provisions in civil aviation legislation which refer to British nationality, and wile require adaptation to fit the new regime, include:
Civil Aviation Act 1949s.59(1)—enables the provisions of any Order in Council under the Act relating to aircraft registered in the United Kingdom to have extra-territorial effect in relation to anything done in relation to such aircraft by British subjects.
Air Navigation Order 1976(S.I. 1976/1783)356WArt.4(3)—restricts the right of ownership of United Kingdom registered aircraft to (amongst others) British subjects.Art.85(1)(d)—governs the application of the order to British subjects
Air Navigation (Noise Certification) Order 1979(S.I. 1979/930)Art. 17 (1)(d)—governs the application of this order to British subjects.
Civil Aviation Act 1971s.3(1)—defines the duties of the Civil Aviation Authority in relation to British airlines, defined partly in terms of control by "United Kingdom Nationals", defined in s.64(1) to include British subjects and citizens of the United Kingdom and Colonies.ss22(3), 23(3)—defines the duties of that Authority in relation applications for air transport licences from persons who are not United Kingdom nationals, and where such a licence is held by such a person.s.35(4)—provides that persons who are not United Kingdom nationals may be guilty of an offence under this section (providing false information to die Civil Aviation Authority).
Civil Aviation Authority Regulations 1972
(S.I. 1972/1978)Reg. 8(3)—prescribes the procedure before revocation of an air transport licence on the ground that the holder is not a United Kingdom national.
Hijacking Act 1971s.1(2) and (3)—specifies certain circumstances in which the offence of hijacking is constituted only if committed by British subjects and citizens of the United Kingdom and Colonies.
Protection of Aircraft Act 1973s.1(4) and (5)—confines the offence of destroying, damaging or endangering the safety of an aircraft used in military, customs or police service to British subjects and citizens of the United Kingdom and Colonies, where committed outside the United Kingdom.