The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Geneva Conventions and United Nations Personnel (Protocols) Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)The Geneva Conventions Act 1957 (c. 52) is amended as follows.
(2)In section 1 (grave breaches of Conventions and protocols), in subsection (1), for “or the first protocol” substitute “ , the first protocol or the third protocol ”.
(3)In subsection (1A) of that section, after paragraph (b) insert “; and
(c)a grave breach of the third protocol is anything which for the purposes of Article 6 of the protocol constitutes the perfidious use of the emblem specified in section 6(1)(f) of this Act”.
(4)In section 6 (use of the Red Cross and other emblems), in subsection (1), after paragraph (e) insert “;
(f)the emblem of a red frame in the shape of a square on edge on a white ground, conforming to the illustration in Article 1 of the Annex to the third protocol (and whether or not incorporating another emblem, or a combination of emblems, in accordance with Article 3 of the protocol), or the designation “Red Crystal” or “third Protocol emblem””.
(5)After subsection (4A) of that section, insert—
“(4B)Subsection (4) of this section shall apply in relation to a design or wording reproducing or resembling the emblem or a designation specified in paragraph (f) of subsection (1) of this section as it applies to designs or wording reproducing or resembling an emblem or designation specified in paragraph (b) or (c) of that subsection.
(4C)But subsection (4) of this section shall not apply by virtue of subsection (4B) of this section where the use of the design or wording concerned is such as would appear, in time of armed conflict, to confer the protection of the scheduled conventions and, where applicable, the first protocol and the second protocol.
(4D)For the purposes of subsection (4B) of this section references in subsection (4) of this section to the passing of this Act shall be construed as references to the passing of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009.”
(6)In section 6A (regulations), in subsection (1)(b), for “or the second protocol” substitute “ , the second protocol or the third protocol ”.
(7)In section 7 (interpretation), at the end of subsection (1) add “;
“the third protocol” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Adoption of an Additional Distinctive Emblem (Protocol III) done on 8 December 2005, the text of which is set out in Schedule 7”.
(8)After Schedule 6 (which sets out the text of the second protocol), insert the Schedule 7 contained in the Schedule to this Act (which sets out the text of the third protocol).
(1)Section 4 of the United Nations Personnel Act 1997 (c. 13) (meaning of “UN worker”) is amended as follows.
(2)In subsection (2)—
(a)for “subsection (3)” substitute “ subsections (3) and (3A) ”, and
(b)in paragraph (c)(i), for “the maintenance or restoration of international peace and security” substitute “ a purpose mentioned in subsection (2A) ”.
(3)After subsection (2) insert—
“(2A)The purposes referred to in subsection (2)(c)(i) are—
(a)maintaining or restoring international peace and security;
(b)delivering humanitarian, political or development assistance in peacebuilding;
(c)delivering emergency humanitarian assistance.”
(4)After subsection (3) insert—
“(3A)In this section “UN operation” also does not include any operation in respect of which a declaration is made in accordance with Article II(3) of the Optional Protocol (opt-out for operation to deliver emergency humanitarian assistance in response to natural disaster).”
(5)In subsection (4), after the definition of “the Convention” insert—
““the Optional Protocol” means the Optional Protocol to the Convention adopted by the General Assembly of the United Nations on 8 December 2005;”.
(1)Sections 1 and 2 come into force on such day as the Secretary of State may by order appoint.
(2)An order under subsection (1)—
(a)must be made by statutory instrument, and
(b)may make different provision for different purposes.
(3)Section 8(2) of the Geneva Conventions Act 1957 (c. 52) (power to extend provisions to the Channel Islands, the Isle of Man and British overseas territories) applies in relation to the provisions of section 1 and the Schedule as if they were contained in that Act.
(4)Section 9(2) of the United Nations Personnel Act 1997 (c. 13) (power to extend provisions to the Channel Islands, the Isle of Man and British overseas territories) applies in relation to the provisions of section 2 as if they were contained in that Act.
(5)This Act may be cited as the Geneva Conventions and United Nations Personnel (Protocols) Act 2009.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: