Haiti (United Nations Sanctions) (Channel Islands) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1325 |
1994 No. 1325
UNITED NATIONS
The Haiti (United Nations Sanctions) (Channel Islands) Order 1994
Made 18th May 1994
Laid before Parliament 19th May 1994
Coming into force 23th May 1994
At the Court at Buckingham Palace, the 18th day of May 1994
Present,
The Queen’s Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 16th June 1993 and 6th May 1994, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Haiti:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement, operation and extent
1.—(1) This Order may be cited as the Haiti (United Nations Sanctions) (Channel Islands) Order 1994 and shall come into force on 23rd May 1994.
(2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 16th June 1993 and 6th May 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
(3) This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2.—(1) In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—
“the 1993 Order” means the Haiti (United Nations Sanctions) (Channel Islands) Order 19932;
“Attorney General” means—
(a) in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
(b) in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“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;
“enactment” includes an enactment of the States of Guernsey and Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of that aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Haiti” means—
(i) any person or body exercising for the time being public functions in Haiti;
(ii) any other person in, or resident in, Haiti;
(iii) any body incorporated or constituted under the law of Haiti;
(iv) any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above;
(v) any person acting on behalf of any of the above mentioned persons or bodies;
“police officer” means—
(a) in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
(b) in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
(c) in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
(d) in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“public transport” has the same meaning as in article 107 of the Air Navigation Order 19893;
“scheduled journey” has the same meaning as in article 106 of the Air Navigation Order 1989;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 18944;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle;
“vessel” includes any ship, surface effect vehicle, any small waterplane vessel and hydrofoil, and the hull or part of the hull of a vessel.
(2) Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, be construed as a reference to that provision as it has effect in the Bailiwick in question and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
Prohibition of flights
3.—(1) Subject to article 5, no aircraft, wherever registered, shall, except with the permission of the Secretary of State granted under this article or under such authority as is referred to in article 8, take off from, land in or fly over the territory of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, if its destination is, or if, since 23rd May 1994, it has taken off from, Haiti.
(2) If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence.
Powers of airport operator
4.—(1) For the purpose of enforcing the prohibitions contained in article 3, it shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft at his airport:
(a)
(a) whose commander or operator has indicated an intention to fly the aircraft to a destination in Haiti or which the airport operator otherwise has reason to suspect will be flown to such a destination; or
(b)
(b) which the airport operator knows or has reason to suspect has, since 23rd May 1994, taken off from Haiti,
is prevented from taking off unless permission to do so has been granted under article 3 or article 8.
(2) Without prejudice to the generality of paragraph (1) above, such steps may include:
(a)
(a) the refusal of any refuelling service for the aircraft;
(b)
(b) the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position; and
(c)
(c) requiring the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport.
(3) Any person who, without reasonable excuse, obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article, or refuses or fails within a reasonable time to comply with a request by any such persons made in accordance with paragraph 2(c) above, shall be guilty of an offence.
Saving for scheduled passenger flights
5. Nothing in article 3 or 4 shall apply to an aircraft carrying passengers and undertaking a scheduled journey for the purpose of public transport.
Supply of goods to Haiti
6.—(1) Except under the authority of a licence granted under this article or the 1993 Order—
(a)
(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
(b)
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 11 shall—
(i)
(i) supply or deliver;
(ii)
(ii) agree to supply or deliver; or
(iii)
(iii) do any act calculated to promote the supply or delivery of,
any goods other than foodstuffs, or goods which that person has reason to believe are intended to be used for medical purposes to or to the order of a person connected with Haiti.
(2) Nothing in paragraph (1)(ii) or (iii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article or article 7 or under the 1993 Order.
Exportation of goods to and from Haiti
7.—(1) Except under the authority of a licence granted under this article—
(a)
(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
(b)
(b) in the case of Bailiwick of Jersey, by the Finance and Economics Committee,
all goods other than foodstuffs, or goods which the operator has reason to believe are intended to be used for medical purposes, are prohibited to be exported from any of the Channel Islands to any destination in Haiti or to any destination for the...
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