Human Rights assessment Commentary on sections Section 102: Territorial application
141.Part 5 applies to functions or activities in the United Kingdom and to “flight functions” or “flight activities” abroad carried out on UK registered aircraft. There is power by Order in Council to extend the provisions to the Channel Isles or to a British Overseas Territory.
142.Section 102(4) and (5) ensure that the Scottish common law powers of entry apply to the investigation of offences committed under the aviation part of this Act in the same way that they apply to alcohol and drug offences committed on Scottish roads, railways and, under part 4 of this Act, to shipping. Section 102(4) provides that section 98 does not extend to Scotland. Section 102(5) expressly preserves the rights of entry which police in Scotland already have.