The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

Order in relation to material in possession of government department

22.—(1) A production or access order may be made in relation to material in the possession, custody or power of a government department.

(2) An order so made—

(a) must be served as if the proceedings were civil proceedings against the department; and

(b) may require any officer of the department, whether named in the order or not, who may for the time being have in the officer’s possession, custody or power the material concerned, to comply with it.

(3) In this article “government department” means—

(a) an authorised government department for the purposes of the Crown Proceedings Act 1947(1);

(b) an authorised Northern Ireland department for the purposes of that Act as it applies to the Crown in right of Her Majesty’s Government in Northern Ireland; or

(c) a public department within the meaning of the Crown Suits (Scotland) Act 1857(2) or any part of the Scottish Administration.

(1)

1947 c. 44, as amended by S.I. 1968/1656, article 3(2). There are other amendments, but none relevant to this Order.

(2)

1857 c. 44, as amended by the Customs and Excise Act 1952 (c. 44), Schedule 10, Part I, the Crown Estate Act 1956 (c. 73), section 1(7), the Crown Estate Act 1961 (c. 55), Schedule 2 paragraph 4(1), the Defence (Transfer of Functions) Act 1964 (c. 15), section 3(2), and the Post Office Act 1969 (c. 48), Schedule 11, Part II.