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InterpretationU.K.

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

“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;

“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;

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

[F1“customs official” means a designated general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009, or a designated customs revenue official under section 11(1) of that Act;]

“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

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

“military goods” means the goods, software and technology specified in Schedule 2 to the Export Control Order 2008(1) made under the Export Control Act 2002(2);

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

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

[F2permitted light water reactor goods” means

(i)

equipment covered by INFCIRC/254/Rev.9/Part 1 and INFCIRC/254/ Rev.8/Part 2 (listed in Schedule 4) when such equipment is for light water reactors;

(ii)

low-enriched uranium covered by Annex A1.2 of INFCIRC/254/Rev.9/Part 1, when it is incorporated in assembled nuclear fuel elements for such reactors; or

(iii)

items, materials, equipment, goods and technology set out in sections 1 and 2 of the Annex to INFCIRC/254/Rev.7/Part 2 and sections 3 to 6 as notified in advance to the Committee established by the Security Council of the United Nations under resolution 1737(2006) only when for exclusive use in light water reactors, where the supply, sale or transfer is in accordance with the requirements of paragraph 5 of resolution 1737 (2006) and where such supply, sale or transfer is necessary for technical cooperation provided to Iran by the International Atomic Energy Agency (“IAEA”) or under its auspices as provided for in paragraph 16 of resolution 1737 (2006);]

“procurement” means procurement by whatever means, including but not limited to by purchase, import or transport, and including by using any ship, aircraft or vehicle to which article 4 of this Order applies;

“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 1995(3);

[F3“ship supply services” means the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship;]

[F3“ United Kingdom ship ” means

(i)

the ship is registered under Part 2 of the Merchant Shipping Act 1995, or

(ii)

the ship is not registered under the law of any state but is wholly owned by persons each of whom is –

(aa)

a British Citizen, or

(bb)

a body incorporated or constituted under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom;]

“vehicle” means a land transport vehicle;

[F4“WMD goods” (weapons of mass destruction goods) means the items, materials, equipment, goods and technology which are set out in the documents of the United Nations Security Council listed in Schedule 4.]

Textual Amendments

Commencement Information

I1Art. 2 in force at 10.4.2009, see art. 1(1)