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The Visiting Forces and International Headquarters (Application of Law) Order 1999

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Article 12(2)

SCHEDULE 6ENACTMENTS CONFERRING SPECIFIC EXEMPTIONS, PRIVILEGES etc.

Enactments other than those applying only in Scotland or Northern Ireland

The Gun Barrel Proof Act 1868 (1868 c.cxiii)Section 119 shall have effect as if it exempted from the operation of the Act a military barrel which is used for the purposes of a visiting force or headquarters.
The Explosives Act 1875 (c. 17)In section 97—

(a)any reference to a factory, magazine, store, premises, wharf, place or explosive held for the service of the Crown shall include a reference to a factory, magazine, store, premises, wharf, place or explosive held for the purposes of a visiting force or headquarters; and

(b)in paragraph (2), the reference to Her Majesty’s ships, aircraft, boats and carriages shall include a reference to ships, aircraft, boats and carriages belonging to and used for the purposes of a visiting force or headquarters.

The Law of Property Act 1925 (c. 20)In section 84(11)(a), the reference to naval, military or air force purposes shall include a reference to the purposes of a visiting force or headquarters.
In section 193(6), the reference to naval, military or air force purposes shall include a reference to the purposes of a visiting force or headquarters.
The Marriage Act 1949 (c. 76)In section 68(2), the reference to a person serving in any of the regular armed forces of the Crown shall include a reference to a member of a visiting force or a military member of a headquarters.
The Fireworks Act 1951 (c. 58)In section 5(3), the reference to the Crown shall include a reference to a visiting force or headquarters.
The Landlord and Tenant Act 1954 (c. 56)In section 56—

(a)any reference to a tenancy held by or on behalf of a Government department shall include a reference to a tenancy held by or on behalf of a visiting force or headquarters; and

(b)any reference to premises occupied for the purposes of a Government department shall include premises occupied for the purposes of a visiting force or headquarters.

In sections 57 and 58 of the 1954 Act, any reference to an interest in the property comprised in a tenancy held for the purposes of a Government department shall include a reference to such an interest where held for the purposes of a visiting force or headquarters; and the reference in section 57(1) to “the first-mentioned department” shall be construed accordingly.
The Army Act 1955 (c. 18)In section 184—

(a)any reference to members of the regular forces shall include a reference to members of a visiting force or military members of a headquarters; and

(b)any reference to vehicles in military service, or horses or other animals in military service, shall include a reference to vehicles, or (as the case may be) horses or other animals, used for the purposes of a visiting force or headquarters.

The Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20)Paragraph 1 of Schedule 3 shall have effect as if it exempted from the operation of any enactment to which that paragraph applies the use of—

(a)any building at a camp, station or naval establishment used for the purposes of a visiting force or headquarters, or

(b)any ship in the service of such a force or headquarters,

for entertainments or amusements where held under the direction and control of an officer or committee having official responsibility for such matters.
Offices, Shops and Railway Premises Act 1963 (c. 41)

In section 84 the following shall be inserted after subsection (2)—

(2A) This Act shall not operate to create, towards a member of a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 who is a member of the naval, military or air forces of any country a liability in tort against the headquarters or organisation in respect of anything done or omitted by it or against another member of that headquarters or organisation in respect of anything done or omitted by him in the course of his duty(1).

The Licensing Act 1964 (c. 26)In section 201(1)—

(a)in the definition of “canteen”, the reference to the Secretary of State shall include a reference to a visiting force or headquarters; and

(b)in the definition of “mess”, the reference to members of Her Majesty’s naval, military or air forces shall include a reference to members of a visiting force or military members of a headquarters.

The Firearms Act 1968 (c. 27)In section 54(1) and (2)—

(a)any reference to a person in the service of Her Majesty (including any reference to a person in the naval, military or air service of Her Majesty) shall include a reference to a member of a visiting force or a military member of a headquarters; and

(b)in subsection (2)(a), the reference to the public service shall include a reference to the service of a visiting force or headquarters.

The Food and Environment Protection Act 1985 (c. 48)In section 20, references to land which is exclusively in Crown occupation shall include land—

(a)which is exclusively occupied for the purposes of a visiting force or headquarters; or

(b)which is occupied for the purposes of a visiting force to the extent that it is not in Crown occupation (within the meaning of section 20).

The Weights and Measures Act 1985 (c. 72)In section 24(2)(a), the reference to Her Majesty’s forces shall include a reference to a headquarters.
The Agricultural Holdings Act 1986 (c. 5)In paragraph 4(1)(a) of Schedule 12, the reference to naval, military or air force purposes shall include a reference to the purposes of a visiting force or headquarters.
The Food Safety Act 1990 (c. 16)In section 54—

(a)in subsection (2), the reference to the Crown shall include a reference to a visiting force or headquarters; and

(b)in subsection (4), the reference to Crown premises shall include a reference to premises used for the purposes of a visiting force or headquarters.

Enactments applying only in Scotland

The Public Health (Scotland) Act 1897 (c. 38)In section 73(4) the reference to any tent, van, shed or structure, erected or used by any portion of Her Majesty’s naval or military forces shall include a reference to any tent, van, shed or structure, erected or used by a visiting force or headquarters.
In section 194 the reference to any building, structure or work vested in, or in the occupation of, any department of Her Majesty’s government for public purposes or for the public service shall include a reference to any building, structure or work vested in, or in the occupation of, any visiting force or any headquarters for the purposes of that force or headquarters.
The Licensing (Scotland) Act 1976 (c. 66)In sections 54(3)(j) and 87(3)—

(a)the reference to any canteen in which the sale of intoxicating liquor is carried on under the authority of the Secretary of State shall include a reference to a canteen in which the sale of intoxicating liquor is carried on under the authority of a visiting force or headquarters; and

(b)the reference to an authorised mess of members of Her Majesty’s naval, military or air forces shall include a reference to an authorised mess of members of a visiting force or of the military members of a headquarters.

Enactments applying only in Northern Ireland

The Housing of the Working Classes Act 1885 (c. 72)In section 9(7), the reference to any tent, van, shed or structure erected or used by any portion of Her Majesty’s military forces shall include a reference to any tent, van, shed or structure erected or used by a visiting force or headquarters.
The Public Health (Ireland) Act 1896 (c. 54)In section 32, the reference to buildings, offices and premises vested in or in occupation of Her Majesty shall include a reference to buildings, offices and premises used for the purposes of a visiting force or headquarters.
The Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28))In article 41(2)(a), the reference to any hereditament which is altogether of a public nature and is occupied and used for the purposes of the public service shall include a reference to a hereditament which is occupied and used for the purposes of a visiting force or headquarters in pursuance of arrangements made in that behalf with any government department.
The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))In article 57—

(a)in paragraph (1), the reference to a person in the service of the Crown;

(b)in paragraph (2)(a), the reference to a person in the service of the Crown in right of Her Majesty’s Government in the United Kingdom; and

(c)in paragraph (2)(c), the reference to a person in the naval, military or air service of the Crown.

shall include a reference to a member of a visiting force or a military member of a headquarters.
In article 57(2)(a), the reference to the public service shall include a reference to the service of a visiting force or headquarters.
The Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))In article 49—

(a)in paragraph (2), the reference to the Crown shall include a reference to a visiting force or headquarters; and

(b)in paragraph (4), the reference to Crown premises shall include a reference to premises used for the purposes of a visiting force or headquarters.

The Licensing (Northern Ireland) Order 1996 (S.I. 1996/3158 (N.I. 22))In article 84(b)—

(a)the reference to any canteen in which the sale of intoxicating liquor is carried on under the authority of the Secretary of State shall include a reference to a canteen in which the sale of intoxicating liquor is carried on under the authority of a visiting force or headquarters; and

(b)the reference to a mess of members of Her Majesty’s naval, military or air forces shall include a reference to a mess of members of a visiting force or of the military members of a headquarters.

(1)

This amendment was originally made by Article 12(2) of, and Schedule 3 to, the Visiting Forces and International Headquarters (Application of Law) Order 1965.

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