The United Nations Personnel (Isle of Man) Order 1998

Statutory Instruments

1998 No. 1509

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

CRIMINAL LAW, SCOTLAND

The United Nations Personnel (Isle of Man) Order 1998

Made

24th June 1998

Coming into force

24th August 1998

At the Court at Buckingham Palace, the 24th day of June 1998

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 9(2) of the United Nations Personnel Act 1997(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement

1.  This Order may be cited as the United Nations Personnel (Isle of Man) Order 1998 and shall come into force on 24th August 1998.

Extension

2.  Sections 1 to 8 and 10 of, and the Schedule to, the United Nations Personnel Act 1997 shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE PROVISIONS OF THE UNITED NATIONS PERSONNEL ACT 1997 WHICH ARE EXTENDED TO THE ISLE OF MAN BY THIS ORDER

1.  In section 1 (attacks on UN workers)—

(a) in subsection (1)—

(i) after the words “United Kingdom”, where they first occur, there shall be inserted the words “and the Isle of Man”; and

(ii) for the words “any part of the United Kingdom” and “that part of the United Kingdom”, there shall be substituted the words “the Isle of Man”; and

(b) for subsection (2) there shall be substituted the following subsection—

“(2) The offences referred to in subsection (1) are—

(a) an offence under section 18, 20, 33, 35, 36, 37, 38, 39, 43, 44, 45, 60, 60B, 60C or 60D of the Criminal Code 1872 (an Act of Tynwald);

(b) an offence under section 2 of the Explosive Substances Act 1883 (an Act of Tynwald); and

(c) an offence under section 1 of the Sexual Offences Act 1992 (an Act of Tynwald).”.

2.  In section 2 (attacks in connection with premises and vehicles)—

(a) in subsection (1)—

(i) after the words “United Kingdom”, where they first occur, there shall be inserted the words “and the Isle of Man”; and

(ii) for the words “any part of the United Kingdom” and “that part of the United Kingdom” there shall be substituted the words “the Isle of Man”; and

(b) for subsection (2) there shall be substituted the following subsection—

“(2) The offences referred to in subsection (1) are—

(a) an offence under section 2 of the Explosive Substances Act 1883 (an Act of Tynwald); and

(b) an offence under section 1 of the Criminal Damage Act 1981 (an Act of Tynwald).”.

3.  In section 3 (threats of attack on UN workers)—

(a) in subsection (1), for the words “United Kingdom” there shall be substituted the words “Isle of Man”;

(b) in subsection (3), for the words “indictment to imprisonment” there shall be substituted the words “information to custody”; and

(c) after subsection (3), there shall be added—

“(4) In subsection (3), the reference to custody means custody within the meaning of the Custody Act 1995 (an Act of Tynwald).”.

4.  In section 5 (provisions supplementary to sections 1 to 3)—

(a) in subsection (1)—

(i) after the words “Protected Persons Act 1978,”, there shall be inserted the words “as extended to the Isle of Man by the Internationally Protected Persons Act 1978 (Isle of Man) Order 1979,”(2);

(ii) after the words “Terrorism Act 1978”, there shall be inserted the words “, as it has effect in the Isle of Man under the Suppression of Terrorism Act 1978 (Isle of Man) Order 1978,”(3);

(iii) after the words “(Offences) Act 1983”, there shall be inserted the words “, as extended to the Isle of Man by the Nuclear Material (Offences) Act 1983 (Isle of Man) Order 1991”(4); and

(iv) for paragraphs (a) and (b) there shall be substituted the following words—

“except by or with the consent of the Attorney General for the Isle of Man.”; and

(b) subsection (2) shall be omitted.

5.  In section 6 (extradition), at the end of subsection (1), there shall be added the words “as this Act has effect in the United Kingdom”.

6.  In section 10, subsection (2) shall be omitted.

7.  In the Schedule (consequential amendments)—

(a) in paragraph 1 (consequential amendments to the Visiting Forces Act 1952)(5)—

(i) for sub-paragraph (2) there shall be substituted the following sub-paragraph—

“(2) in paragraph 1, after sub-paragraph (c), there shall be inserted the following sub-paragraph—

“(d) an offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997, as that Act has effect in the Isle of Man, and any of the following offences against a UN worker within the meaning of that Act—

(i) an offence under section 60B to 60D of the Criminal Code 1872 (an Act of Tynwald); and

(ii) an offence under section 2 of the Explosive Substances Act 1883 (an Act of Tynwald) of causing an explosion likely to endanger life;”;”;

(ii) for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3) In paragraph 2, after sub-paragraph (b) there shall be inserted the following sub-paragraph—

“(c) an offence under section 2 of the Explosive Substances Act 1883 (an Act of Tynwald) of causing an explosion likely to cause serious damage to property in connection with such an attack as is mentioned in section 2(1) of the United Nations Personnel Act 1997 as that Act has effect in the Isle of Man.”.”; and

(iii) sub-paragraphs (4) and (5) shall be omitted;

(b) paragraph 2 shall be omitted;

(c) in paragraph 3 (consequential amendments to the Suppression of Terrorism Act 1978(6))—

(i) after the words “Act 1978”, there shall be inserted the words “as that Act has effect in the Isle of Man under the Suppression of Terrorism Act 1978 (Isle of Man) Order 1978”; and

(ii) for the words “subsections (4) and (5)” there shall be substituted the words “subsection (4)”; and

(d) in paragraph 4 (consequential amendments to the Nuclear Material (Offences) Act 1983)—

(i) after the words “Act 1983”, there shall be inserted the words “as extended to the Isle of Man by the Nuclear Material (Offences) Act 1983 (Isle of Man) Order 1991”; and

(ii) for the words “subsections (1) and (2)” there shall be substituted the words “subsection (1)”.

Explanatory Note

(This note is not part of the Order)

This Order extends to the Isle of Man sections 1 to 8 and 10 of, and the Schedule to, the United Nations Personnel Act 1997, with the exceptions, adaptations and modifications specified in the Schedule to this Order.

(1)

1997 c. 13.

(2)

S.I. 1979/574.

(3)

S.I. 1978/1530.

(4)

S.I. 1991/1719.

(5)

The Visiting Forces Act 1952 was extended to the Isle of Man by S.I. 1962/170; the Schedule to the Act, as the Act has effect in the Isle of Man, was substituted by paragraph 7 of Schedule 3 to the Sexual Offences Act 1992 (an Act of Tynwald).

(6)

Section 4(4) of the Suppression of Terrorism Act 1978 has effect in the Isle of Man as amended by section 5(4) of the Internationally Protected Persons Act 1978, extended to the Isle of Man with modifications by S.I. 1979/574; and as amended by section 4(1)(b) of the Nuclear Material (Offences) Act 1983, extended to the Isle of Man with modifications by S.I. 1991/1719.