The Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends certain Orders applying to the Overseas Territories relating to restrictive measures adopted by the United Nations and the European Union, and related Orders made under the Export Control Act 2002 applying to the Territories. The penalties and offences provisions of the Orders are modified by this Order in relation to the Sovereign Base Areas of Akrotiri and Dhekelia, and in relation to the Falklands Islands, South Georgia and South Sandwich Islands, the British Antarctic Territory, Saint Helena and Dependencies, the British Indian Ocean Territory, and the Pitcairn Islands to reflect the current constitution and procedures, including sentencing powers, of the judicial authorities in these territories. The effect of the modifications is to make available to the Resident Judge’s Court in the Sovereign Base Areas, and the Magistrate’s Court in the Falkland Islands and other territories specified in article 1(2)(b), the higher penalties applicable to conviction on indictment when sentencing.

Article 1 provides for citation, commencement and extent. Apart from this article, which extends to all the specified territories, the remainder of the Order extends to specific territories so far as the instruments in Schedule 1 extend to those territories, and so far as any modification in the remainder of the Order applies to them.

Article 2 provides a formula whereby the modifications are effected. The instruments to be modified are listed in Schedule 1. Under each instrument are listed in column 1 the provisions of that instrument which are to be modified by the modifying or supplementary provision in the corresponding entry in column 2. By this means, article 2(2) applies the general modifying provisions set out in article 3 in relation to the Sovereign Base Areas. Article 2(3) applies the general supplementary provision set out in article 4 in relation to the territories specified in article 1(2)(b).

Article 3 contains the general modifying provisions referred to in article 2(2) which are applicable to the Sovereign Base Areas.

Article 4 contains the general supplementing provision applicable to the territories specified in Article 1(2)(b).

Article 5 contains specific modifying provisions to a number of instruments in relation to the Sovereign Base Areas.

Schedule 1 contains the instruments the specified provisions of which are to be read as modified by article 2.

Schedule 2 consists of the modified text to be substituted in accordance with article 5(8).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.