The Burma (Sanctions) (Overseas Territories) Order 2020

2.  In regulation 2 (interpretation)—

(a) the existing text becomes paragraph (1);

(b) in that paragraph—

(i) in the appropriate places, insert the following definitions—

““aircraft” has the same meaning as it has in section 6(9) of the Act;”;

““authorised officer” means, in relation to the Territory—

(a)

a member of Her Majesty’s forces in the Territory,

(b)

a police or customs officer of the Territory,

(c)

a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—

(i)

regulation 43 (finance: powers to request information),

(ii)

regulation 44 (finance: production of documents),

(iii)

regulation 46 (trade: information powers),

(iv)

regulation 48 (general trade licences: inspection of records),

(v)

regulation 49 (disclosure of information),

(vi)

regulation 50A (suspected ships, aircraft or vehicles), or

(vii)

regulation 50B (search warrants), or

(d)

any person acting under the authority of a person falling within any of paragraphs (a) to (c);”;

““financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 35(1);”;

““the Governor” is to be read in accordance with regulation 4A;”;

““Her Majesty’s forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;”;

““ship” has the same meaning as it has in section 7(14) of the Act;”;

““territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;”;

““Territory aircraft” means, in relation to the Territory—

(a)

an aircraft registered in the Territory, or

(b)

an aircraft which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““Territory person” means, in relation to the Territory, a person who is—

(a)

an individual ordinarily resident in the Territory who is—

(i)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(ii)

a person who under the British Nationality Act 1981(1) is a British subject, or

(iii)

a British protected person within the meaning of that Act, or

(b)

a body incorporated or constituted under the law of any part of the Territory;”;

““Territory ship” means, in relation to the Territory—

(a)

a ship registered in the Territory, or

(b)

a ship which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““vehicle” means a land transport vehicle.”

(ii) omit the definitions of—

(aa) “the Commissioners”,

(bb) “Treasury licence”, and

(cc) “United Kingdom person”;

(c) after that paragraph insert—

“(2) In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.”

(1)

1981 c.61. Part IV has been amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(b); and the Nationality, Immigration and Asylum Act 2002 (c.41), Schedule 2, paragraph 1(i).