SCHEDULES

Sections 1, 13.

FIRST SCHEDULEU.K. Provisions of certain Defence Regulations permanently enacted

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Textual Amendments

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Textual Amendments

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Textual Amendments

Amendment of s. 3 (3) of Import, Export and Customs Powers (Defence) Act, 1939, and extension thereof as respects goods found in Northern IrelandU.K.

5(1)In subsection (3) of section three of the Import, Export and Customs Powers (Defence) Act, 1939 (which subsection empowers an officer of Customs and Excise to require a person possessing or having control of goods imported, exported, carried coastwise or shipped as ship’s stores, or brought to any quay, or waterborne, for the purpose of being exported or of being so carried or shipped, to furnish proof that the importation, exportation or carriage coastwise of the goods or the shipment thereof as ships’ stores is not unlawful by virtue either of an order under that Act or of the law relating to trading with the enemy), for the words “the goods shall be deemed to be prohibited goods unless the contrary is proved” there shall be substituted the words “then, unless the contrary is proved, the goods shall be deemed to be prohibited goods and shall be forfeited”.U.K.

(2)The said subsection (3), as amended by the foregoing sub-paragraph, shall have effect as if the power thereby conferred on an officer of Customs and Excise, in the case of goods brought to any quay or other place for the purpose of being exported, to require any person possessing or having control of the goods to furnish proof that the exportation of the goods is not unlawful as aforesaid, included power, in the case of any goods which—

(a)are found at any place in Northern Ireland ; and

(b)the officer suspects to be intended for exportation ;

to require any person possessing or having control of the goods to furnish proof either that the goods are not intended for exportation or that the exportation thereof is not unlawful as aforesaid.

(3)The power conferred on an officer of Customs and Excise by the said subsection (3), as amended by this paragraph, may be exercised by any person having by law the powers of such an officer in Northern Ireland, and the reference in head (b) of sub-paragraph (2) of this paragraph to an officer of Customs and Excise shall be construed accordingly.

Modifications etc. (not altering text)

C1The text of Sch. 1 para. 5(1), Sch. 2 paras. 2(1)(2)(4), 3, 4, 5, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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Textual Amendments

Extension of power of Minister of Supply to make byelaws under Military Lands Acts, 1892 to 1903U.K.

8(1)Subject to the provisions of this paragraph, the power of the Minister of Supply to make byelaws under the Military Lands Acts, 1892 to 1903, shall be exercisable in relation to any land vested in another person which the Minister has for the time being the right of using for any purpose of the Ministry of Supply as if the land were vested in the Minister and appropriated for that purpose:U.K.

Provided that nothing in any byelaws made by virtue of this subparagraph shall injuriously affect the private rights of any person further or otherwise than is authorized by the grant of the right to use the land.

(2)Nothing in this paragraph shall apply to land which the Minister has for the time being the right of using by virtue of an order made under Regulation fifty-two of the Defence (General) Regulations, 1939, or in consequence of possession of the land having been taken under Part IV of those Regulations.

(3)Any byelaws made by the Minister of Supply by virtue of paragraph (4) of the said Regulation fifty-two which are in force at the commencement of this Act shall continue in force and have effect as if they had been made by virtue of this paragraph.

Modifications etc. (not altering text)

C2Functions of Minister of Supply under para. 8 now exercisable by Secretary of State: S.I. 1953/1673 (1953 I, p. 1222), 1957/561 (1957 I, p. 1435), 1959/1768, 1826 (1959 I, pp. 1793, 1791), 1964/490, 2048, 1967/155 and 1970/1537

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Textual Amendments