The Sovereign Base Areas (Judicial Authorities) Order 2004

Statutory Instruments

2004 No. 2036

OVERSEAS TERRITORIES

The Sovereign Base Areas (Judicial Authorities) Order 2004

Made

27th July 2004

Laid before Parliament

9th August 2004

Coming into force

31st August 2004

At the Court at Buckingham Palace, the 27th day of July 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred on Her by section 32 of the Extradition Act 1989(1), section 1 of the United Nations Act 1946(2) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Citation, commencement, and extent

1.—(1) This Order may be cited as the Sovereign Base Areas (Judicial Authorities) Order 2004 and shall come into force on 31st August 2004.

(2) This Order extends to the Sovereign Base Areas of Akrotiri and Dhekelia.

Construction of certain instruments

2.  In the application to the Sovereign Base Areas of Akrotiri and Dhekelia of–

(a) the instruments listed in the Schedule, any reference to a magistrate or a justice of the peace shall be read as a reference to a Resident Judge;

(b) the Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002(3), the reference in article 8(7) to the Supreme Court shall be read as a reference to the Senior Judge’s Court;

(c) the Extradition (Overseas Territories) Order 2002(4)

(i) any reference to a magistrate shall be read as a reference to a Resident Judge;

(ii) any reference to a court consisting of a magistrate or to a magistrates' court shall be read as a reference to the Judge’s Court;

(iii) any reference to the powers of a magistrate or of a magistrates' court shall be read as a reference to the like powers, as nearly as may be, exercisable in criminal proceedings by a Resident Judge or, as the case may be, the Judge’s Court.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE

• The United Nations Arms Embargoes (Dependent Territories) Order 1995(5)

• The Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002(6)

• The Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002(7)

• The Iraq (United Nations Sanctions) (Overseas Territories) Order 2003(8)

• The Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003(9)

Explanatory Note

(This note is not part of the Order)

This Order provides for references to judicial authorities or to their powers in certain Orders in Council to be read, in the application of those Orders to the Sovereign Base Areas of Akrotiri and Dhekelia, as references to the corresponding judicial authorities in those Areas and to their powers.

(1)

1989 c. 33.

(2)

1946 c. 45.

(3)

S.I. 2002/112.

(4)

S.I. 2002/1823.

(5)

S.I. 1995/1032.

(6)

S.I. 2002/112.

(7)

S.I. 2002/1077.

(8)

S.I. 2003/1516.

(9)

S.I. 2003/2627.