The Nuclear Material (Offences) Act 1983 (Isle of Man) Order 1991

Article 2

SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THEEXTENSION OF PROVISIONS OF THE NUCLEAR MATERIAL (OFFENCES) ACT 1983 TO THE ISLE OF MAN

1.  Any reference to an Act of Parliament, or to a provision thereof, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.

2.  Any reference to an Act of Tynwald, or to a provision thereof, shall be construed as including a reference thereto as amended or replaced by or under any other such Act or provision.

3.  For any reference to the United Kingdom, or to a part thereof, there shall be substituted a reference to the Isle of Man.

4.  In section 1(1)–

(a) for paragraph (b) there shall be substituted the following paragraph–

“(b) an offence under section 33 or 35 of the Criminal Code 1872 (an Act of Tynwald) or section 1 of the Criminal Damage Act 1981 (an Act of Tynwald), or”, and

(b) in paragraph (d), for the words from “section 15 or 21” to theend of the paragraph there shall be substituted the words “section 14 or 23 of the Theft Act 1981 (an Act of Tynwald)”

5.  In section 2(5), for “indictment” there shall be substituted “information”.

6.  In section 3–

(a) in subsection (1), for paragraphs (a) and (b) there shall be substituted the words “in the Isle of Man except by or with the consent of the Attorney General for the Isle of Man”, and

(b) subsection (2) shall be omitted.

7.  In section 4–

(a) in subsection (1)(b), for “subsections (4)and (5)” there shall be substituted “subsection (4)”;

(b) for subsection (2), there shall be substituted the following subsection:

“(2) In the Schedule to the Visiting Forces Act 1952(1) (which specifies the offences which are offences against a personand against property for the purposes of section 3 of that Act)–

(a) after paragraph (c) there shall be inserted the following paragraph–

“(d) an offence under section 2 of the Nuclear Material (Offences) Act 1983 where the circumstances are that–

(i) in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within paragraph (a) or (b), or

(ii) in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence”; and

(b) after paragraph (vi) (at the end of the Schedule) there shall be inserted the following paragraph–

“(vii) an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that–

(1) in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within paragraphs (i) to (vi) or

(2) in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence.”, and

(c) subsection (3) shall be omitted.”

8.  In section 8, subsection (2) shall be omitted.

(1)

1952 c. 67; the provisions of that Act extend to the Isle of Man by virtue of S.I. 1962/170.