The Naval Discipline Act 1957 (Bailiwick of Guernsey) Order 1996

Article 2

SCHEDULE

PART I MODIFICATIONS SUBJECT TO WHICH THE NAVAL DISCIPLINE ACT 1957 HAS EFFECT IN THE BAILIWICK OF GUERNSEY

1.  In section 43AA(6)(1), at the end insert—

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

2.  In section 101(5)(2), after “1920” insert “or the Maintenance Orders (Facilities for Enforcement) (Guernsey) Law 1955”.

3.  In section 128F(10)(3), in the definition of “the relevant court”, after paragraph (c) insert—

“or

(d) the court of summary jurisdiction in the Bailiwick of Guernsey (that is to say, the Magistrate’s Court in the case of Guernsey, the Court of Alderney in the case of Alderney and the Court of the Seneschal in the case of Sark);”.

4.  In section 128(G)(4), in subsection (3)(b) after “bankruptcy” insert “or to a Commissioner or Committee of Creditorsor to the Prévôt”.

5.—(1) Schedule 4A(5) shall be modified as follows.

(2) In paragraph 10(6)—

(a) after paragraph (c) insert—

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

(b) at the end insert “and in relation to an offender who is removed to the Bailiwick of Guernsey, includes an enactment in force in the Bailiwick of Guernsey”.

(3) In paragraph 11(4B), sub-paragraph (b) shall be omitted.

PART II MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE NAVAL FORCES (ENFORCEMENT OF MAINTENANCE LIABILITIES) ACT 1947 HAVE EFFECT IN THE BAILIWICK OF GUERNSEY

In section 1(2A)(6), in paragraph (b), after “extends” insert “, and also includes a reference to an order registered in a court in the Bailiwick of Guernsey under the Maintenance Orders (Facilities for Enforcement) (Guernsey) Law 1955”.

PART III MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE ARMED FORCES ACT 1991 HAVE EFFECT IN THE BAILIWICK OF GUERNSEY

1.  In section 21(4), sub-paragraph (b) shall be omitted.

2.—(1) Schedule 1(7) shall be modified as follows.

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

“(ba) an advocate of the Royal Court of Guernsey of at least 7 years' standing;”.

(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 Bailiwick of Guernsey, with the consent of the Lieutenant-Governor.”.

(1)

Section 43AA was inserted by section 2(2) of the Armed Forces Act 1981 (c. 55) and amended by paragraph 6 of Schedule 9 to the Criminal Justice Act 1991 (c. 53).

(2)

Section 101(5) was amended by paragraph 3 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18).

(3)

Section 128F was inserted by paragraph 3 of Schedule 8 to the Armed Forces Act 1976 (c. 52).

(4)

Section 128G was inserted by section 16(1) of the Armed Forces Act 1991.

(5)

Schedule 4A was inserted by paragraph 3 of Schedule 4 to the Armed Forces Act 1976; paragraph 11(4B) was inserted by section 9(4) of the Armed Forces Act 1991 and paragraph 10 was amended by paragraph 8 of Schedule 9 to the Criminal Justice Act 1991.

(6)

Section 1(2A) was inserted by section 15(3) of the Armed Forces Act 1991.

(7)

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