Written Question · S2W-23832 · Session 2
Further to the answer to question S2W-22352 by Colin Boyd QC on 30 January 2006, whether it would consider any flight which was found to be…
The question
To ask the Scottish Executive, further to the answer to question S2W-22352 by Colin Boyd QC on 30 January 2006, whether it would consider any flight which was found to be involved in the process of “extraordinary rendition” as being aircraft used for military, customs or police business on behalf of the state engaged in the process.
The answer
The question as to the classification of an aircraft as either military or civilian aircraft will depend upon the application of the relevant domestic or international law to the particular facts.
As I stated in my answer to question S2W-22352, “military aircraft” is defined in law. Section 92 of the Civil Aviation Act 1982 defines military aircraft as 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 by the Secretary of State in accordance with any Order in Council in force under the Act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft.
As I stated in my answer to question S2W-22352, “military aircraft” is defined in law. Section 92 of the Civil Aviation Act 1982 defines military aircraft as 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 by the Secretary of State in accordance with any Order in Council in force under the Act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft.
In the Official Report
No contribution in the Official Report cites S2W-23832 by reference.