The Air Force Act 1955 (Isle of Man) Order 1996

PART I MODIFICATIONS SUBJECT TO WHICH THE AIR FORCE ACT 1955 HAS EFFECT IN THE ISLE OF MAN

1.  In section 71AA(6)(1), at the end insert—

“(d) where the offender is in or removed to the Isle of Man, any place where he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Isle of Man.”.

2.  In section 133A(2), at the end insert—

“(11A) Where it appears to the Defence Council or an officer authorised by them that the person against whom a financial penalty enforcement order is made resides or is likely to reside in the Isle of Man, the order shall be registered in the Isle of Man by the Clerk to the Justices; and where such an order has been so registered—

(a) a justice of the peace may issue a summons to the person against whom it has been registered requiring him to appear before a court of summary jurisdiction or a warrant for the arrest of that person; and

(b) a court of summary jurisdiction may exercise the like powers as are conferred on it by Part VIII of the Summary Jurisdiction Act 1989 (an Act of Tynwald).”.

3.  In section 145(1)(3), in paragraph (b)(ii), after “1967” insert “or Schedule 2 to the Custody Act 1995 (an Act of Tynwald)”.

4.—(1) In section 150(5)(4), in the paragraph beginning “references to an order”—

(a) after “1920” insert “or Schedule 2 to the Maintenance Orders (Reciprocal Enforcement) Act 1995 (an Act of Tynwald)”; and

(b) after “1972” insert “or Part I of the said Act of 1955”.

(2) Until the coming into force of the Maintenance Orders (Reciprocal Enforcement) Act 1995 (an Act of Tynwald)—

(a) the reference in sub-paragraph (1)(a) above to Schedule 2 to that Act shall be construed as a reference to the Maintenance Orders (Facilities for Enforcement) Act 1921 (an Act of Tynwald); and

(b) the reference in sub-paragraph (1)(b) above to Part 1 of that Act shall be construed as a reference to Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1978 (an Act of Tynwald).

5.  In section 151(1A)—(5);

(c) after “Assembly” insert “or an Act of Tynwald”;

(d) at the end insert

“; or

(d) he is in the care of the Department of Health and Social Security in the Isle of Man.”.

6.  In section 220(2), at the end insert “or the Isle of Man”.

7.  After section 220 insert—

“221.   All fines imposed in proceedings taken before a court of summary jurisdiction in the Isle of Man shall be dealt with in the manner provided by the Collection of Fines etc. Act 1985 (an Act of Tynwald).”.

8.—(1) Schedule 5A(6) shall be modified as follows.

(2) In paragraph 10(6)—

(e) after paragraph (c) insert—

“(d) where the offender is removed to the Isle of Man, any place where he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Isle of Man;”;

(f) at the end insert “and in relation to an offender who is removed to the Isle of Man, includes an Act of Tynwald”.

(3) In paragraph 11(4B)(b), at the end insert “or paragraph 2 of Schedule 5 to the Road Traffic Act 1985 (an Act of Tynwald)”.

(1)

Section 71AA was inserted by section 2(1) of the Armed Forces Act 1981 (c. 55) and amended by paragraph 2 of Schedule 9 to the Criminal Justice Act 1991 (c. 53).

(2)

Section 133A was inserted by paragraph 2 of Schedule 8 to the Armed Forces Act 1976 (c. 52); subsection (11) was inserted by paragraph 7(4) of Schedule 1 to the Armed Forces Act 1986 (c. 21).

(3)

Section 145(1)(b) was amended by paragraph 11(2) of Schedule 2 to the Armed Forces Act 1991.

(4)

Section 150(5) was amended by paragraph 2 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18).

(5)

Section 151(1A) was inserted by section 18 of the Armed Forces Act 1976.

(6)

Schedule 5A was inserted by paragraph 2 of Schedule 4 to the Armed Forces Act 1976; paragraph 11(4B) was inserted by section 9(4) of the Armed Forces Act 1991 and paragraph 10 was amended by paragraph 4 of Schedule 9 to the Criminal Justice Act 1991.