The Iraq and Kuwait (United Nations Sanctions) (Amendment) Order 1990

Amendment of Article 6 of the principal Order

6.—(1) Paragraph (3) of article 6 of the principal Order shall be amended by the insertion, after the words “United Kingdom” where they appear for the second and third time in that paragraph, of the words “or in any other place to which this Order extends”.

(2) Paragraph (4) of article 6 of the principal Order shall be amended by the insertion after the words “United Kingdom” of the words “or in any other place to which this Order extends”.

(3) The following paragraphs shall be inserted in article 6 of the principal Order immediately after paragraph (4)—

“(4A) Where any officer of customs and excise or any person authorised by the Secretary of State for that purpose either generally or in a particular case has reason to suspect that any land transport vehicle in the United Kingdom or in any place to which this Order extends has been or is being or is about to be used in contravention of paragraph (1) or paragraph (2) of article 5 of this Order, that authorised person or that officer may request the operator and driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for their or his inspection such documents so relating and such goods as they or he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) board the vehicle and, for that purpose, may use or authorise the use of reasonable force; any such authorised person or such officer (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of such a request) may further require the operator or driver to cause the vehicle to remain in the United Kingdom or any other place to which this Order extends until notified that the vehicle may depart; and the operator and the driver shall comply with any such request.

(4B) Without prejudice to the provisions of paragraph (8) of this article where any person authorised as aforesaid has reason to suspect that a request that a land transport vehicle should remain in the United Kingdom or in any other place to which this Order extends that has been made under paragraph (4A) of this article may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose—

(a) enter, or authorise entry, upon any land and upon that vehicle;

(b) detain, or authorise the detention of, that vehicle; and

(c) use, or authorise the use of reasonable force.”

(4) Paragraph (8) of article 6 of the principal Order shall be amended by insertion after the word “aircraft” in sub-paragraphs (b) and (c) of the words “or an operator or a driver of the land transport vehicle”.