This Statutory Instrument rectifies a defect in S.I. 2016/371 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
Overseas Territories
Made
4th May 2016
Laid before Parliament
11th May 2016
Coming into force
1st June 2016
At the Court at Buckingham Palace, the 4th day of May 2016
Present,
The Queen’s Most Excellent Majesty in Council
Under article 41 of the Charter of the United Nations, the Security Council of the United Nations has, by resolution adopted on 20th July 2015(1), called upon Her Majesty’s Government in the United Kingdom to apply certain measures to give effect to decisions of the Council in relation to Iran:
Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(2), section 112 of the Saint Helena Act 1833(3), the British Settlements Acts 1887 and 1945(4), and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
1.—(1) This Order may be cited as the Iran (Sanctions) (Overseas Territories) (Amendment) Order 2016 and comes into force on 1st June 2016.
(2) In this Order, “the principal Order” means the Iran (Sanctions) (Overseas Territories) Order 2016(5).
(3) This Order extends to the territories listed in Schedule 1 to the principal Order.
2.—(1) Schedule 3 to the principal Order is amended as follows.
(2) After paragraph 2, insert—
2A.—(1) Where an authorised officer reasonably suspects that a ship, aircraft or vehicle has been, is being, or is about to be used in the commission of an offence under article 9(1) or (2), 10(1) or (2), 12(1) or (2), 14(1) or (2), 15(1) or (2), 16(1) or (2) or 18(1), the officer may—
(a)in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory until notified by an authorised officer that it may depart; or
(b)in relation to a ship, require the relevant person to take any of the steps mentioned in sub-paragraph (2).
(2) Those steps are—
(a)to stop the ship from proceeding with the voyage on which it is engaged or about to engage, until notified by an authorised officer that it may proceed;
(b)to not land any part of the ship’s cargo at any port specified by the officer, except with the officer’s consent;
(c)if the ship is in port in the Territory, to cause it to remain there until notified by an authorised officer that it may depart;
(d)if the ship is in any other place, to take it to a port specified by the officer and keep it there until notified by an authorised officer that it may depart.
(3) The authorised officer may take such steps as appear necessary to secure compliance with a requirement under this paragraph, including in particular—
(a)entering any land,
(b)using reasonable force, and
(c)detaining the ship, aircraft or vehicle and any goods it is carrying.”.
(3) In paragraph 6(3), after “paragraph 2” insert “or 2A”.
Ceri King
Deputy Clerk of the Privy Council
(This note is not part of the Order)
This Order amends the Iran (Sanctions) (Overseas Territories) Order 2016 (S.I. 2016/371) (“the principal Order”). It is being issued free of charge as it rectifies an omission from the principal Order.
Schedule 3 to the principal Order contains provision for obtaining evidence and information for the purpose of enforcing the Order. This Order inserts additional powers into that Schedule in relation to ships, aircraft or vehicles that are suspected of being used in the commission of certain offences under the principal Order.