The Geneva Conventions Act (Guernsey) Order 2010

Article 3

SCHEDULE 1 Exceptions and Modifications to be made in the extension of the provisions of the 2001 Act and the 2009 Act to Guernsey

1.  Any reference to the Geneva Conventions Act 1957, the 2001 Act or the 2009 Act, or to a provision of any of those Acts, shall be construed as a reference to that Act or provision as it has effect in Guernsey.

2.  In section 70(1) (Offences under section 1 of the Geneva Conventions Act 1957) of the 2001 Act, omit paragraph (b).

3.  In section 70(2) (Offences under section 1 of the Geneva Conventions Act 1957) of the 2001 Act (in relation to the inserted section 1A (Trial and punishment of offences under s.1) of the Geneva Conventions Act 1957) –

(a) omit subsection (3) of section 1A of the Geneva Conventions Act 1957;

(b) in subsection (4) of section 1A of the Geneva Conventions Act 1957 for “the United Kingdom” in each place it occurs, substitute “Guernsey”; and

(c) in subsection (5) of section 1A of the Geneva Conventions Act 1957 for “the part of the United Kingdom in which the proceedings are brought” substitute “Guernsey”.

4.  In section 1(5) (Amendments of the Geneva Conventions Act 1957) of the 2009 Act, for subsection (4D) inserted into section 6 (Use of Red Cross and other emblems) of the Geneva Conventions Act 1957 substitute

“(4D) For the purposes of subsection (4B) of this section references in subsection (4) of this section to the coming into operation of this Act in Guernsey shall be construed as references to the coming into operation of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 in Guernsey.”.

Article 4

SCHEDULE 2 Amendments to the Geneva Conventions Act (Guernsey) Order 1966

The Schedule to the Geneva Conventions Act (Guernsey) Order 1966 shall be amended as follows -

1.  After paragraph 1, insert the following paragraph 1A –

“1A.   For the words “Secretary of State” wherever they occur there shall be substituted the word “Governor”.”.

2.  After paragraph 4, insert the following paragraph 4A –

“4A.   Section 4(3) shall be omitted.”.

3.  After paragraph 6(3), insert—

“(3A)  In section 6(5) for the word “national” there shall be substituted the word “public”.”.

4.  For paragraph 7 substitute –

“7.   In section 7(1) –

(a) the definition of “enactment” shall be omitted; and

(b) the following definition shall be inserted –

“Governor” means the holder for the time being of the Office of Lieutenant-Governor and Commander-in-Chief of the Island of Guernsey and its Dependencies;”.

Article 5

SCHEDULE 3 Amendments to the Geneva Conventions Act (Guernsey) Order 1999

The Schedule to the Geneva Conventions Act (Guernsey) Order 1999 shall be amended as follows -

1.  After paragraph 1, insert the following paragraph 1A –

“1A.   For the words “Secretary of State” wherever they occur substitute the word ”Governor”.”.

2.  After paragraph 3, insert–

“3A.   In section 3 (in relation to the inserted section 6A of the Geneva Conventions Act 1957) -

(a) in section 6A(1) of the Geneva Conventions Act 1957 after the words “Secretary of State” in each place they occur insert the words “or the Royal Court of Guernsey as the case may be”;

(b) in section 6A(2) of the Geneva Conventions Act 1957 –

(i) after the word “State’s” insert the words “or as the case may be the Royal Court of Guernsey’s”; and

(ii) for the word “his” substitute the word “its”; and

(c) omit section 6A(3) of the Geneva Conventions Act 1957.

3B.   For section 4(7) substitute–

“(7) After subsection (2) there shall be inserted the following subsection:

(2A) The first protocol and the second protocol shall for the purposes of this Act be construed subject to and in accordance with:—

(a) any reservation or declaration certified by Her Majesty by Order in Council(1) to have been made by the United Kingdom on ratification of the protocols, and which has not been so certified as having been withdrawn;

(b) any amendment to the Fifth Schedule to this Act made by Her Majesty by Order in Council so as to ensure that the Schedule sets out the text of the first protocol as in force in relation to the United Kingdom”.”

(1)

see S.I. 1998/1754.