The Haiti (United Nations Sanctions) (Channel Islands) Order 1994

Interpretation

2.—(1) In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—

“the 1993 Order” means the Haiti (United Nations Sanctions) (Channel Islands) Order 1993(1);

“Attorney General” means—

(a)

in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and

(b)

in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;

“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;

“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

“enactment” includes an enactment of the States of Guernsey and Alderney or the Chief Pleas of Sark, or the States of Jersey;

“export” includes shipment as stores;

“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of that aircraft or vehicle;

“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;

“person connected with Haiti” means—

(i)

any person or body exercising for the time being public functions in Haiti;

(ii)

any other person in, or resident in, Haiti;

(iii)

any body incorporated or constituted under the law of Haiti;

(iv)

any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above;

(v)

any person acting on behalf of any of the above mentioned persons or bodies;

“police officer” means—

(a)

in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;

(b)

in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;

(c)

in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and

(d)

in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;

“public transport” has the same meaning as in article 107 of the Air Navigation Order 1989(2);

“scheduled journey” has the same meaning as in article 106 of the Air Navigation Order 1989;

“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894(3);

“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;

“vehicle” means land transport vehicle;

“vessel” includes any ship, surface effect vehicle, any small waterplane vessel and hydrofoil, and the hull or part of the hull of a vessel.

(2) Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, be construed as a reference to that provision as it has effect in the Bailiwick in question and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.

(1)

S.I. 1993/1793.

(2)

S.I. 1989/2004.

(3)

1894 c. 60.