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The Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009
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- 2009 No. 888
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Article 2
SCHEDULE 1
The Al-Qa’ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002(1):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3, 4 and 5 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3, 4 and 5 | Article 3(d) |
| Schedule 2, paragraph 7 | Article 3(e) |
| New provision added as Article 19(11) | Article 4 |
The Belarus (Restrictive Measures) (Overseas Territories) Order 2006(2):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3, and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 9(9) | Article 4 |
The Burma (Restrictive Measures) (Overseas Territories) Order 2004(3):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3, 4 and 5 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3, 4 and 5 | Article 3(d) |
| Schedule 2, paragraph 7 | Article 3(e) |
| New provision added as Article 19(10) | Article 4 |
The Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003(4):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3, and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 15(10) | Article 4 |
The Democratic Republic of the Congo (United Nations Sanctions) (Overseas Territories) Order 2005(5):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraphs 1 and 2 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 9(9) | Article 4 |
The International Criminal Tribunal for the former Yugoslavia (Restrictive Measures) (Overseas Territories) Order 2004(6):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 9(9) | Article 4 |
The Iraq (United Nations Sanctions) (Overseas Territories) Order 2000(7):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) |
| Schedule 2, paragraphs 2 and 3 | Article 3(d) |
| Schedule 2, paragraph 5 | Article 3(e) |
| New provision added as Article 11(8) | Article 4 |
The Iraq (United Nations Sanctions) (Overseas Territories) Order 2003(8):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 19(10) | Article 4 |
The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005(9):
| Column 1 (provisions of instrument modified) | Column 2 (provision of this Order) |
| Schedule 2, paragraphs 1, 2, 3, 4 and 5 | Article 3(a) |
| Schedule 2, paragraphs 1 and 2 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 3, 4 and 5 | Article 3(d) |
| Schedule 2, paragraph 7 | Article 3(e) |
| New provision added as Article 19(10) | Article 4 |
The Lebanon and Syria (United Nations Measures) (Overseas Territories) Order 2006(10):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 2, paragraphs 1 and 2 | Article 3(b) and 3(c) |
| Schedule 2, paragraph 3 | Article 3(d) |
| New provision added as Article 11(5) | Article 4 |
The North Korea (United Nations Measures) (Overseas Territories) Order 2006(11):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 2, paragraphs 1 and 2 | Article 3(b) and 3(c) |
| Schedule 2, paragraph 3 | Article 3(d) |
| New provision added as Article 23(7) | Article 4 |
The Somalia (United Nations Sanctions) (Overseas Territories) Order 2002(12):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 15(10) | Article 4 |
The Sudan (Restrictive Measures) (Overseas Territories) Order 2004(13):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 15(10) | Article 4 |
The Sudan (United Nations Measures) (Overseas Territories) Order 2005(14):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraphs 1 and 2 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 9(9) | Article 4 |
The Terrorism (United Nations Measures) (Overseas Territories) Order 2001(15):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2 and 3 | Article 3(d) |
| Schedule 2, paragraph 5 | Article 3(e) |
| New provision added as Article 11(8) | Article 4 |
The Uzbekistan (Restrictive Measures) (Overseas Territories) Order 2006(16):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) and 3(c) |
| Schedule 2, paragraphs 2, 3 and 4 | Article 3(d) |
| Schedule 2, paragraph 6 | Article 3(e) |
| New provision added as Article 15(10) | Article 4 |
The Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002(17):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 2, paragraphs 1, 2, 3, 4 and 5 | Article 3(a) |
| Schedule 2, paragraph 1 | Article 3(b) |
| Schedule 2, paragraphs 2, 3, 4 and 5 | Article 3(d) |
| Schedule 2, paragraph 7 | Article 3(e) |
| New provision added as Article 19(10) | Article 4 |
The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004(18):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 4, paragraphs 1, 2, 3 and 4 | Article 3(a) |
| Schedule 4, paragraphs 2 and 3 | Article 3(b) and 3(c) |
| Schedule 4, paragraphs 1 and 4 | Article 3(d) |
| Schedule 4, paragraph 6 | Article 3(e) |
| Schedule 2, new provision added as paragraph 16(12) | Article 4 |
The Trade in Goods (Control) (Overseas Territories) Order 2004(19):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 5, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 5, paragraph 2 | Article 3(b) |
| Schedule 5, paragraphs 1 and 3 | Article 3(d) |
| Schedule 5, paragraph 5 | Article 3(e) |
| Schedule 2, new provision added as paragraph 9(9) | Article 4 |
The Trade in Controlled Goods (Embargoed Destinations) (Overseas Territories) Order 2004(20):
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| Schedule 5, paragraphs 1, 2 and 3 | Article 3(a) |
| Schedule 5, paragraph 2 | Article 3(b) |
| Schedule 5, paragraph 5 | Article 3(e) |
| Schedule 2, new provision added as paragraph 8(9) | Article 4 |
The United Nations Arms Embargoes (Dependent Territories) Order 1995(21)
| Column 1 (provisions of instrument modified) | Column 2 (provisions of this Order) |
| New provision added as Article 11(10) | Article 4 |
Article 5(8)
SCHEDULE 2
“MODIFIED TEXT - ARTICLE 11
11.—(1) Any person guilty of an offence under article 3(3) or article 8(3) or (3A) of this Order shall be liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
(2) Any person guilty of an offence under article 9(10)(b)(ii) of this Order or paragraph 5(b) or (d) of Schedule 3 to this Order shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
(3) Any person guilty of an offence under article 6(1) or (2) or article 7(3) of this Order shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
(4) Any person guilty of an offence under article 7(2) of this Order shall be liable on conviction to a fine not exceeding £5,000 or its equivalent.
(5) Any person guilty of an offence under article 9(10)(a), (b)(i) or (c) of this Order or paragraph 5(a) or (c) of Schedule 3 to this Order shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
(6) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
(7) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
(8) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.”
(1)
S.I. 2002/112 as amended by S.I. 2002/266 and 2004/2036, and by the British Overseas Territories Act 2002 c. 8.
(2)
(3)
S.I. 2004/1979 as amended by S.I. 2004/3333.
(4)
S.I. 2003/2627 as amended by S.I. 2004/2036 and 2005/1988.
(5)
(6)
(7)
S.I. 2000/3242 as amended by S.I. 2001/395, 2001/3649, 2003/1347, 2003/1516 and 2004/2671, and by the British Overseas Territories Act 2002 c. 8.
(8)
S.I. 2003/1516 as amended by S.I. 2004/1983, 2004/2036 and 2004/2671.
(9)
S.I. 2005/242 as amended by S.I. 2006/610.
(10)
(11)
S.I. 2006/3327 as amended by S.I. 2007/1347.
(12)
(13)
S.I. 2004/349 as amended by S.I. 2004/1980.
(14)
(15)
S.I. 2001/3366 as amended by S.I. 2002/112, and by the British Overseas Territories Act 2002 c. 8.
(16)
(17)
S.I. 2002/1077 as amended by S.I. 2004/1111, 2004/2036 and 2005/3183.
(18)
(19)
(20)
(21)
S.I. 1995/1032 as amended by S.I. 1997/272, 1998/1502, 2000/1106, 2002/2631 and 2004/2036, and by the British Overseas Territories Act 2002 c. 8.
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