The Antarctic Act 1994 (Jersey) Order 1995

Statutory Instruments

1995 No. 1034

ANTARCTICA

The Antarctic Act 1994 (Jersey) Order 1995

Made

11th April 1995

Coming into force in accordance with article 1(2)

At the Court at Windsor Castle, the 11th day of April 1995

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 34(2) and (3) of the Antarctic Act 1994(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Antarctic Act 1994 (Jersey) Order 1995.

(2) In respect of each provision of the Antarctic Act 1994 extended to Jersey by this Order, this Order shall come into force—

(i) on the day on which the provision in question comes into force in the United Kingdom in accordance with an order made under section 35(1) of that Act; or

(ii) on the day on which that order is registered in Jersey by the Royal Court,

whichever is the later.

2.  The provisions of the Antarctic Act 1994, except sections 34 and 35, shall extend to Jersey subject to the modifications specified in the Schedule to this Order.

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE MODIFICATIONS IN THE EXTENSION OF THE ANTARCTIC ACT 1994 TO JERSEY

1.  Any reference to an enactment shall be construed, unless the contrary intention appears, as a reference to that enactment as it has effect in Jersey.

2.  In section 3, for “the United Kingdom” in each place where it occurs there is substituted “Jersey”.

3.  In section 5(3), in the definition of “British vessel”, before “a United Kingdom ship”, there is added “a ship registered in Jersey or”.

4.  In section 17 for “any place in the United Kingdom” there is substituted “Jersey”.

5.  In section 20, the words “on indictment” and the words from “and on summary conviction” to the end are omitted.

6.  In sections 21, 22, 23 and 24, for “any part of the United Kingdom” and “that part”, in each place where either expression occurs, there is substituted “Jersey”.

7.  For section 28 there is substituted the following section:

Proceedings for an offence under this Act shall not be instituted in Jersey except by or with the consent of the Attorney General for Jersey.”.

8.  In section 31(1), in the definition of “United Kingdom national”, at the end there is added:

“(f) a body incorporated under the law of Jersey;”.

9.  In section 32, for subsection (3) there is substituted:

“(3) Regulations made under this Act shall not have effect in Jersey until they, and any order bringing them into force, are registered by the Royal Court.”.

10.  In the Schedule, the entries relating to the Antarctic Minerals Act 1989(2) and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(3) are omitted.

Explanatory Note

(This note is not part of the Order)

This Order extends certain provisions of the Antarctic Act 1994 to Jersey, subject to the modifications specified in the Schedule

(1)

1994 c. 15.

(2)

1989 c. 21.

(3)

1990 c. 40.