Chemical Weapons Act 1996 (Jersey) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/2565
Year1998

1998 No. 2565

CHEMICAL WEAPONS

The Chemical Weapons Act 1996 (Jersey) Order 1998

Made 21th October 1998

Coming into force 21th December 1998

At the Court at Buckingham Palace, the 21st day of October 1998

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 3(3) and 39(3) of the Chemical Weapons Act 19961, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Chemical Weapons Act 1996 (Jersey) Order 1998 and shall come into force on 21st December 1998.

S-2 Interpretation

Interpretation

2. In this Order–

“Jersey” means the Bailiwick of Jersey;

“the Act” means the Chemical Weapons Act 1996.

S-3 Application of section 2 of the Act

Application of section 2 of the Act

3. The application of section 2 of the Act, so far as it applies to acts done outside the United Kingdom, shall extend to bodies incorporated under the law of Jersey.

S-4 Extension of provisions of the Act to Jersey

Extension of provisions of the Act to Jersey

4. Sections 1 to 32, 34 to 36, 38 and 39 of, and the Schedule to, the Act, shall extend to Jersey with the exceptions, adaptations and modifications specified in the Schedule to this Order.

N.H. Nicholls

Clerk of the Privy Council

SCHEDULE

Article 4

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO PROVISIONS OF THE CHEMICAL WEAPONS ACT 1996 IN THEIR EXTENSION TO JERSEY

SCH-1.1

1.—(1) For “Secretary of State”, in each place where it occurs (apart from in sections 27 and 36), substitute “Committee” with (where necessary) the consequential substitution of “it” for “he” or “him”.

(2) For “Secretary of State's”, in each place where it occurs, substitute “Committee's” with (where necessary) the consequential substitution of “its” for “his”.

SCH-1.2

2. In section 1, after subsection (7), insert–

SCH-1.7A

“7A “Committee” means the Harbours and Airport Committee of the States of Jersey; and “police officer” means a member of the Honorary Police or of the States of Jersey Police Force.”.

SCH-1.3

3. In section 2(8), omit “on indictment”.

SCH-1.4

4. In section 3

(a) in subsection (1), for “the United Kingdom” substitute “Jersey”;

(b) for subsection (2) substitute–

SCH-1.2

“2 So far as it applies to acts done outside Jersey, section 2 applies to United Kingdom nationals and bodies incorporated under the law of Jersey or of any part of the United Kingdom.”;

(c) omit subsection (3); and

(d) in subsection (5), for “the United Kingdom”, where those words first occur, substitute “Jersey”; and for “any place in the United Kingdom” substitute “Jersey”.

SCH-1.5

5. In section 5–

(a) in subsection (2), for paragraphs (a) and (b) substitute “the Bailiff is satisfied on information on oath that there is reasonable cause to believe that an object is on premises (of whatever nature) and that it is a chemical weapon,”; and

(b) in subsection (6), for “constable” substitute “police officer”.

SCH-1.6

6. In section 7–

(a) in subsection (7), for paragraphs (a) and (b) substitute “the Bailiff is satisfied on information on oath that a warning has been affixed under section 5, and that the Committee has decided at any time in the second six month period that the object should be destroyed,”; and

(b) in subsection (9), for “constable” substitute “police officer”.

SCH-1.7

7. In section 8(2), for “High Court or in Scotland the Court of Session” substitute “Royal Court”.

SCH-1.8

8. In section 9–

(a) in subsection (4), for the words from “liable” to the end substitute “liable on conviction to a fine”; and

(b) in subsection (5), for the words from “liable” to the end substitute “liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both”.

SCH-1.9

9. In section 11(3), omit “on indictment”.

SCH-1.10

10. In section 14–

(a) in subsection (2), for paragraphs (a) and (b) substitute “the Bailiff is satisfied on information on oath that the qualifying condition is fulfilled,”; and

(b) in subsection (4), for “constable”, substitute “police officer”.

SCH-1.11

11. In section 15–

(a) in subsection (3), for paragraphs (a) and (b) substitute “the Bailiff is satisfied on information on oath that the qualifying condition is fulfilled,”; and

(b) in subsection (5), for “constable” substitute “police officer”.

SCH-1.12

12. In section 16(3), for “High Court or in Scotland the Court of Session” substitute “Royal Court”.

SCH-1.13

13. In section 17–

(a) in subsection (4), for the words from “liable” to the end, substitute “liable on conviction to a fine”; and

(b) in subsection (5), for the words from “liable” to the end, substitute “liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both”.

SCH-1.14

14. In section 19(3), for the words from “liable” to the end substitute...

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