The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) (No. 2) Order 2000

Made13th December 2000

Laid before Parliament3rd January 2001

Coming into force1st April 2001

At the Court at Buckingham Palace, the 13th day of December 2000

Present,

The Queen’s Most Excellent Majesty in Council

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 25th May 1993 and 13th May 1998, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to certain decisions of that Council in relation to the former Yugoslavia:

And whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 8th November 1994 and 30th April 1998, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to certain decisions of that Council in relation to Rwanda:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, commencement and extent1.

(1)

This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) (No. 2) Order 2000 and shall come into force on 1st April 2001.

(2)

This Order extends to the United Kingdom.

Amendment of 1996 Orders2.

In the United Nations (International Tribunal) (Former Yugoslavia) Order 19962 and in the United Nations (International Tribunal) (Rwanda) Order 19963—

(a)

in article 7 (statement of case by competent court) of each Order, in paragraph (2)(c), for the words “clerk of” there shall be substituted the words “justices' chief executive for” and in paragraph (2)(d) for the word “clerk” there shall be substituted the words “justices' chief executive”; and

(b)

in article 14 (discontinuance of relevant proceedings) of each Order, in the first line of the table in paragraph (2), for the words “Clerk of the Court” there shall be substituted the words “Justices' Chief Executive for the Court”.

A. K. Galloway

Clerk of the Privy Council

(This note is not part of the Order)

This Order amends the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 and the United Nations (International Tribunal) (Rwanda) Order 1996. The amendments transfer the administrative functions of justices' clerks under the Orders to justices' chief executives in accordance with section 90 (transfer of clerks' functions to chief executives) of, and Schedule 13 to, the Access to Justice Act 1999.

Subsection (5) of that section provides that for the purposes of that section the administrative functions of justices' clerks are all their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.