The International Criminal Court Act 2001 (Overseas Territories) Order 2009

Citation and commencement

1.  This Order may be cited as the International Criminal Court Act 2001 (Overseas Territories) Order 2009 and shall come into force on 1 September 2009.

Extent and interpretation

2.—(1) The provisions of the International Criminal Court Act 2001, with the exceptions, adaptations and modifications as in Annex 1 to this Order, shall extend to the territories listed in Annex 2 to this Order.

(2) The provisions of the International Criminal Court Act 2001, as so excepted, adapted and modified, shall in their application to certain of the said territories be subject to the further exceptions, adaptations and modifications set out in Annex 3 to this Order.

Interpretation

3.—(1) Except as otherwise provided, in the application of the International Criminal Court Act 2001 to any of the territories to which it is extended, the expression “the Territory” means that territory.

(2) In this Order, unless the contrary intention appears–

“the Attorney General” means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General;

“appellate court” means the court or courts of the Territory, however styled, which possess appellate jurisdiction from decisions of the Supreme Court;

“constable” includes an officer of the police force or police service of the Territory;

“customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls;

“the Governor” means the Governor or other officer administering the Government of the Territory;

“official gazette” includes any form in which official information is normally made available in the Territory;

“Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court).

(3) Where a request is made by the International Criminal Court to the Secretary of State and is transmitted by him to the Governor, any references in this Order to a request made by the Court to the Governor shall be treated as including references to a request so made to the Secretary of State and so transmitted to the Governor.

Exercise of powers of the Governor

4.  The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.

Judith Simpson

Clerk of the Privy Council