The Army Act 1955 (Isle of Man) Order 1996

Statutory Instruments

1996 No. 723

DEFENCE

The Army Act 1955 (Isle of Man) Order 1996

Made

13th March 1996

Coming into force

1st June 1996

At the Court at Buckingham Palace, the 13th day of March 1996

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 216(1) of the Army Act 1955(1), including that section as applied by section 24(4) of the Armed Forces Act 1991(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Army Act 1955 (Isle of Man) Order 1996 and shall come into force on 1st June 1996.

2.—(1) The Army Act 1955 (“the 1955 Act”) shall have effect in the Isle of Man subject to the modifications specified in Part I of the Schedule to this Order.

(2) Section 10 and Part III of the Armed Forces Act 1991(3) shall have effect in the Isle of Man subject to the modifications specified in Part II of the Schedule to this Order.

3.  In relation to any reference to a law for the time being in force in the Isle of Man, the modifications made by this Order have effect for all purposes of the 1955 Act (and not only in the application of that Act to the Isle of Man).

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE

PART I modifications subject to which the army act 1955 has effect in the isle of man

1.  In section 71AA(6)(4), at the end insert—

“(d) where the offender is in or removed to the Isle of Man, any place where he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Isle of Man.”.

2.  In section 133A(5), at the end insert—

“(11A) Where it appears to the Defence Council or an officer authorised by them that the person against whom a financial penalty enforcement order is made resides or is likely to reside in the Isle of Man, the order shall be registered in the Isle of Man by the Clerk to the Justices; and where such an order has been so registered—

(a) a justice of the peace may issue a summons to the person against whom it has been registered requiring him to appear before a court of summary jurisdiction or a warrant for the arrest of that person; and

(b) a court of summary jurisdiction may exercise the like powers as are conferred on it by Part VIII of the Summary Jurisdiction Act 1989 (an Act of Tynwald).”.

3.  In section 145(1)(6), in paragraph (b)(ii), after “1967” insert “or Schedule 2 to the Custody Act 1995 (an Act of Tynwald)”.

4.—(1) In section 150(5)(7), in the paragraph beginning “references to an order”—

(a) after “1920” insert “or Schedule 2 to the Maintenance Orders (Reciprocal Enforcement) Act 1995 (an Act of Tynwald)”; and

(b) after “1972” insert “or Part I of the said Act of 1995”.

(2) Until the coming into force of the Maintenance Orders (Reciprocal Enforcement) Act 1995 (an Act of Tynwald)—

(a) the reference in sub-paragraph (1)(a) above to Schedule 2 to that Act shall be construed as a reference to the Maintenance Orders (Facilities for Enforcement) Act 1921 (an Act of Tynwald); and

(b) the reference in sub-paragraph (1)(b) above to Part 1 of that Act shall be construed as a reference to Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1978 (an Act of Tynwald).

5.  In section 151(1A)(8)—

(a) after “Assembly” insert “or an Act of Tynwald”;

(b) at the end insert

“; or

(d) he is in the care of the Department of Health and Social Security in the Isle of Man.”

6.  In section 220(2), at the end insert “or the Isle of Man”.

7.  After section 220 insert—

“221.   All fines imposed in proceedings taken before a court of summary jurisdiction in the Isle of Man shall be dealt with in the manner provided by the Collection of Fines etc. Act 1985 (an Act of Tynwald).”.

8.—(1) Schedule 5A(9) shall be modified as follows.

(2) In paragraph 10(6)—

(a) after paragraph (c) insert—

“(d) where the offender is removed to the Isle of Man, any place where he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Isle of Man;”;

(b) at the end insert “and in relation to an offender who is removed to the Isle of Man, includes an Act of Tynwald”.

(3) In paragraph 11(4B)(b), at the end insert “or paragraph 2 of Schedule 5 to the Road Traffic Act 1985 (an Act of Tynwald)”.

PART II modifications subject to which provisions of the armed forces act 1991 have effect in the isle of man

1.  In section 21(4)(b), after “1968” in the second place where it occurs insert “and the Children and Young Persons Act 1966 (an Act of Tynwald)”.

2.—(1) In section 23(1), in the definition of “contact order”, at the end insert “or section 9(1) of the Family Law Act 1991 (an Act of Tynwald) as the case may require”.

(2) In section 23(3)(a), after “law of Scotland” insert “or section 5 of the Family Law Act 1991 (an Act of Tynwald) as part of the law of the Isle of Man”.

3.—(1) Schedule 1(10) shall be modified as follows.

(2) In paragraph 1, after sub-paragraph (b) insert—

“(ba) an advocate in the Isle of Man;”.

(3) In paragraph 6, at the end insert

“and

(e) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in the Isle of Man, with the consent of Her Majesty’s First Deemster.”.

Explanatory Note

(This note is not part of the Order)

This Order modifies certain provisions of the Army Act 1955, as amended, and the Armed Forces Act 1991 in their application to the Isle of Man.

(1)

1955 c. 18; section 216(1) was substituted by section 24(1) of the Armed Forces Act 1991 (c. 62).

(2)

1991 c. 62.

(3)

These provisions are, by section 24(4) of the 1991 Act, deemed to be comprised in the 1955 Act for the purposes of section 216 of that Act.

(4)

Section 71AA was inserted by section 2(1) of the Armed Forces Act 1981 (c. 55).

(5)

Section 133A was inserted by paragraph 1 of Schedule 8 to the Armed Forces Act 1976 (c. 52); subsection (11) was inserted by paragraph 7(4) of Schedule 1 to the Armed Forces Act 1986 (c. 21).

(6)

Section 145(1)(b) was amended by paragraph 11(2) of Schedule 2 to the Armed Forces Act 1991.

(7)

Section 150(5) was amended by paragraph 2 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18).

(8)

Section 151(1A) was inserted by section 18 of the Armed Forces Act 1976.

(9)

Schedule 5A was inserted by paragraph 1 of Schedule 4 to the Armed Forces Act 1976; paragraph 11(4B) was inserted by section 9(4) of the Armed Forces Act 1991.

(10)

Schedule 1 has effect by virtue of section 10(7).