The Northern Ireland (Emergency Provisions) Act 1991 (Guernsey) Order 1994

4.—(1) In paragraph 2 of Schedule 5, for sub–paragraph (5)(a) and (b) there shall be substituted “which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege”.

(2) In paragraph 3 of Schedule 5–

(a) in sub–paragraph (1), for the words from the beginning to “authorised investigator” there shall be substituted “The appropriate judicial officer may, on an application made by the Attorney General”;

(b) in sub–paragraph (2), for “constable” there shall be substituted “officer of police”; and

(c) for sub–paragraphs (3) to (5) there shall be substituted the following sub–paragraphs:

“(3) An application under this paragraph shall be supported by evidence on oath.

(4) A warrant under this paragraph may authorise persons named or described in the warrant to accompany an officer of police who is executing it.

(5) In this paragraph–

“appropriate judicial officer” means–

(a) in relation to the Bailiwick of Guernsey, the Bailiff;

(b) in relation to the Island of Alderney, the Chairman of the Court of Alderney;

(c) in relation to the Island of Sark, the Seneschal of Sark; and

• “officer of police” means–

  (a)

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

(3) In paragraph 6 of Schedule 5–

(a) in sub–paragraph (1)(a), for “United Kingdom” there shall be substituted “Bailiwick of Guernsey”; and

(b) after sub–paragraph (1)(a) there shall be inserted the following paragraph:

“(aa) to any Committee of the States of Guernsey or Alderney or of the Chief Pleas of Sark;”.

(4) In paragraph 7 of Schedule 5–

(a) for sub–paragraph (1) there shall be substituted the following sub–paragraph:

“(1) Any code of practice, or revised code of practice, made in connection with the exercise by authorised investigators of the powers conferred by this Schedule, and issued by the Secretary of State and for the time being in force under this paragraph as it has effect in the United Kingdom shall have effect for the purposes of this Schedule as it has effect in the Bailiwick of Guernsey(1).”; and

(b) sub–paragraphs (2) to (5) and (9) shall be omitted.

(1)

The Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No. 1) Order 1993 (S.I. 1993/2761) brought into operation, on 1st January 1994, the code of practice issued under paragraph 7 as it has effect in the United Kingdom.