The Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002

Interpretation

2.—(1) In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—

• “commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

• “document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

• “export” includes shipment as stores;

• “exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Territory of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

• “funds, financial assets or economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;

• “Governor” means the Governor or other officer administering the government of the Territory;

• “master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

• “operator” in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;

• “owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;

• “relevant institution” means—

  (a)

  the person or body responsible for carrying out in the Territory the functions of a monetary authority;

  (b)

  any person who may lawfully accept deposits in or from within the Territory by way of business; and

  (c)

  any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

• “restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994(1) made under the Import, Export and Customs Powers (Defence) Act 1939(2) and equipment that might be used for internal repression as listed in Schedule 3 to this Order;

• “ship” includes every description of vessel used in navigation;

• “shipment” includes loading into an aircraft;

• “stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein;

• “Supreme Court” means the Court of the Territory having unlimited jurisdiction in civil proceedings;

• “vehicle” means land transport vehicle.

(2) For the purpose of the definition of “relevant institution” in paragraph (1) of this article—

(a) the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000(3); and

(b) a person is not regarded as accepting deposits by way of business if—

(i) he does not hold himself out as accepting deposits on a day to day basis, and

(ii) any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.

(3) In determining for the purposes of paragraph 2(b)(ii) of this article whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

(1)

S.I. 1994/1191 as amended by S.I.s 1996/2663, 1997/1008, 1997/2758, 1999/63, 1999/1777, 2000/1239, 2000/2140, 2000/2264 and 2001/729.

(2)

1939 c. 69.

(3)

2000 c. 8.