The Air Force Act 1955 (Jersey) Order 1996

Statutory Instruments

1996 No. 720

DEFENCE

The Air Force Act 1955 (Jersey) Order 1996

Made

13th March 1996

Coming into force

1st June 1996

At the Court at Buckingham Palace, the 13th day of March 1996

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 214(1) of the Air Force Act 1955(1), including that section as applied by section 24(4) of the Armed Forces Act 1991(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Air Force Act 1955 (Jersey) Order 1996 and shall come into force on 1st June 1996.

2.—(1) The Air Force Act 1955 (“the 1955 Act”) shall have effect in the Bailiwick of Jersey subject to the modifications specified in Part I of the Schedule to this Order.

(2) Section 10 and Part III of the Armed Forces Act 1991(3) shall have effect in the Bailiwick of Jersey subject to the modifications specified in Part II of the Schedule to this Order.

3.  In relation to any reference to a law for the time being in force in the Bailiwick of Jersey, the modifications made by this Order have effect for all purposes of the 1955 Act (and not only in the application of that Act to the Bailiwick of Jersey).

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE

PART I MODIFICATIONS SUBJECT TO WHICH THE AIR FORCE ACT 1955 HAS EFFECT IN THE BAILIWICK OF JERSEY

1.  In section 71AA(6)(4), at the end insert—

“(d) where the offender is in or removed to the Bailiwick of Jersey, 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 Bailiwick of Jersey.”.

2.  In section 133A(10)(5), in the definition of “the relevant court”, after paragraph (c) insert—

“or

(d) the Police Court in the Bailiwick of Jersey,”.

3.  In section 150(5)(6), in the paragraph beginning “references to an order”, after “1920” insert “or the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 1953”.

4.  In section 151(1A)(7)—

(a) after “Parliament of Northern Ireland” insert “or in force in the Bailiwick of Jersey”;

(b) at the end insert

“; or

(d) he is in the care of the Education Committee in the Bailiwick of Jersey.”.

5.  In section 218(2), at the end insert “or the Bailiwick of Jersey”.

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

(2) In paragraph 10(6)—

(a) after paragraph (c) insert—

“(d) where the offender is in or removed to the Bailiwick of Jersey, 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 Bailiwick of Jersey;”;

(b) at the end insert “and in relation to an offender who is removed to the Bailiwick of Jersey, includes an enactment in force in the Bailiwick of Jersey”.

(3) In paragraph 11(4B), sub-paragraph (b) shall be omitted.

PART II MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE ARMED FORCES ACT 1991 HAVE EFFECT IN THE BAILIWICK OF JERSEY

1.  In section 21(4), sub-paragraph (b) shall be omitted.

2.—(1) Schedule 1(9) shall be modified as follows.

(2) In paragraph 1, after sub-paragraph (b) insert—

“(ba) an advocate or solicitor of the Royal Court of Jersey of at least 7 years' standing;”.

(3) In paragraph 6, at the end insert

“and

(e) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in the Bailiwick of Jersey, with the consent of the Bailiff.”.

Explanatory Note

(This note is not part of the Order)

This Order modifies certain provisions of the Air Force Act 1955, as amended, and the Armed Forces Act 1991 in their application to the Bailiwick of Jersey.

(1)

1955 c. 19; section 214(1) was substituted by section 24(1) of the Armed Forces Act 1991 (c. 62).

(2)

1991 c. 62.

(3)

These provisions are, by section 24(4) of the 1991 Act, deemed to be comprised in the 1955 Act for the purposes of section 214 of that Act.

(4)

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).

(5)

Section 133A was inserted by paragraph 2 of Schedule 8 to the Armed Forces Act 1976 (c. 52).

(6)

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

(7)

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

(8)

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.

(9)

Schedule 1 has effect by virtue of section 10(7).