The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996

Interpretation

2.—(1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say—

“Chief Revenue Officer” and “States Revenue Officer”—

(a)

in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;

(b)

in the application of this Order to the Bailiwick of Jersey, mean the Agent of the Impâts (including the Deputy Agent of the Impâts and any person duly authorised by the Agent of the Impâts);

“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or failing such a person, the person who is for the time being in charge or command of the aircraft;

“enactment” includes an enactment of the States of Guernsey or Alderney, the Chief Pleas of Sark, or the States of Jersey;

“export” includes shipment as stores and, in relation to any ship, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

“Her Majesty’s Procureur” includes Her Majesty’s Comptroller;

“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

“officer of police” means—

(a)

in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;

(b)

in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney; and

(c)

in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey;

(d)

in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;

“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;

“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;

“person connected with a prohibited destination” means—

(a)

the Government of any territory comprised within a prohibited destination;

(b)

any other person in, or resident in, a prohibited destination;

(c)

any body incorporated or constituted under the law of any part of a prohibited destination;

(d)

any body, wherever incorporated or constituted, which is controlled by a person or body mentioned in any of sub-paragraphs (a) to (c) above; and

(e)

any person acting on behalf of any person or body mentioned in any of sub-paragraphs (a) to (d) above;

“prohibited desgination” means Somalia, Liberia or Rwanda;

“prohibited goods” means—

(a)

goods of a description specified in Group 1 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994(1); and

(b)

goods which are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons;

“ship”, “shipment” (and cognate expressions) and “stores”—

(a)

in the application of this Order to the Bailiwick of Guernsey have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;

(b)

in the application of this Order to the Bailiwick of Jersey have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law, 1972.

(2) Any reference to a provision of an Act of Parliament or a statutory instrument shall—

(a) in the application of this Order to the Bailiwick of Guernsey, in the case of a provision which has been extended to that jurisdiction, be construed as a reference to that provision as it has effect there;

(b) in the application of this Order to the Bailiwick of Jersey, in the case of a provision which has been extended to that jurisdiction, be construed as a reference to that provision as it has effect there;

and, in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.

(1)

S.I. 1994/1191.