Paragraph 92 Application of criminal law to aircraft.
Any act or omission taking place on board a British-controlled aircraft while in flight elsewhere than in or over Anguilla which, if taking place in Anguilla, would constitute an offence under the law in force in Anguilla shall constitute that offence; but this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under that law when taking place outside Anguilla.
No proceedings for any offence under the law in force in Anguilla committed on board an aircraft while in flight elsewhere than in or over Anguilla shall be instituted in Anguilla except by or with the consent of the person for the time being performing the functions of Attorney-General of Anguilla.
For the purpose of conferring jurisdiction, any offence under the law in force in Anguilla committed on board an aircraft in flight shall be deemed to have been committed in any place in Anguilla where the offender may for the time being be.
For the purposes of this section the period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and any reference in this section to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country.
In this section, except where the context otherwise requires—
“aircraft” means any aircraft, whether or not a British-controlled aircraft, other than—
a military aircraft; or
subject to section 101 below, an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of Her Majesty in right of the United Kingdom or in right of Anguilla;
“British-controlled aircraft” means an aircraft—
which is for the time being registered in the United Kingdom or in Anguilla; or
which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely—
that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United Kingdom or in Anguilla; and
that he resides or has his principal place of business in the United Kingdom or in Anguilla; or
which, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid;
“military aircraft” means—
an aircraft of the naval, military or air forces of any country; or
any other aircraft in respect of which there is in force a certificate issued in accordance with any Order in Council in force under section 60, 87, 89, 91, 101(1)(a) or 107(2) of this Act (as in force in the United Kingdom) that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft;
and a certificate of the Secretary of State or of the Governor that any aircraft is or is not a military aircraft for the purposes of this section shall be conclusive evidence of the fact certified.