Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/1254 |
| Year | 1993 |
1993 No. 1254
UNITED NATIONS
The Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993
Made 12th May 1993
Laid before Parliament 13th May 1993
Coming into force 14th May 1993
At the Court at Buckingham Palace, the 12th day of May 1993
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 have, by resolution adopted on 17th April 1993, 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 Serbia and Montenegro;
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 Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993 and shall come into force on 14th May 1993.
(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 resolution adopted by it on 17th April 1993, 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, as part of the law thereof, to the Isle of Man 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–
“airport” has the meaning it bears in section 12(1) of the Airports and Civil Aviation Act 1987 (an Act of Tynwald);
“airport charges” and “airport documents” shall have the meanings they bear in section 88 of the Civil Aviation Act 19822as it has effect in the Isle of Man;
“cargo” includes load;
“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;
“Department” means the Department of Highways Ports and Properties, a Department of the Government of the Isle of Man;
“effective control”, in relation to a ship, goods vehicle or aircraft, means a legal or beneficial interest by way of ownership which is less than a majority interest but which, having regard to the considerations of fact or law involved, confers the possibility of directly or indirectly exercising a decisive influence on the operation of that ship, goods vehicle or aircraft;
“enactment” includes an Act of Tynwald and any provision contained in such an Act;
“goods vehicle” has the meaning it bears in section 72(1) of the Road Traffic Act 1985 (an Act of Tynwald);
“harbour” has the meaning it bears in section 1(1) of the Harbours (Isle of Man) Act 1961 (an Act of Tynwald);
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“officer of Customs and Excise” means an officer authorised as such under the Customs and Excise Management Act 1986 (an Act of Tynwald);
“operator”, in relation to a ship or aircraft, means the person for the time being having the management of that ship or aircraft;
“owner”, in relation to a goods vehicle which is the subject of a hiring agreement or a hire purchase agreement, means the person in possession of the vehicle under that agreement;
“owner”, in relation to a ship, means, except in relation to articles 10, 12 and 17, where the owner of a ship is not the operator, the operator and any person to whom it is chartered;
“person connected with Serbia or Montenegro” means–
(i) the Governments of the Federal Republic of Yugoslavia, of Serbia and of Montenegro;
(ii) any other person in, or resident in, Serbia or Montenegro;
(iii) any body incorporated or constituted under the law of Serbia or Montenegro;
(iv) any body, wherever incorporated or constituted, which is controlled by any of the said Governments, any other person in, or resident in, Serbia or Montenegro, or any body incorporated in or constituted under the law of Serbia or Montenegro;
(v) any person acting on behalf of any of the above mentioned persons;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 18943;
“stores” means goods for use in a ship, goods vehicle or aircraft, and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, and, in relation to a ship or aircraft, includes any goods for use as merchandise for sale by retail to persons carried therein;
“Treasury” means the Department of the Government of the Isle of Man established under the Treasury Act 1985 (an Act of Tynwald);
“vehicle documents”, in relation to a goods vehicle, means any licence, certificate, permit or other document issued or required under any enactment for the time being in force with respect to that vehicle;
“violation of the United Nations resolutions” means a contravention committed after the entry into force of this Order of any of those provisions of the law of any country or territory which, to the extent required by the provisions of the resolutions set out in Schedule 1 to this Order, prohibit certain imports and exports of goods, supplies of services, or operation or use of ships, goods vehicles or aircraft in relation to the former Yugoslavia or parts thereof, or, where there is no such law in the relevant country or territory, an import or export of goods, supply of services or operation or use of ships, vehicles or aircraft which is required to be prohibited under any of those resolutions;
“the 1992 Order” means the Serbia and Montenegro (United Nations Sanctions) Order 19924.
Investigation of suspected ships, goods vehicles or aircraft
3.—(1) Where any authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894, has reason to suspect that any ship in the Isle of Man has been or is being operated or used in violation of the United Nations resolutions, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being operated or used in violation of the United Nations resolutions, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such violation or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps:
(a)
(a) to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
(b)
(b) if the ship is then in a port in the Isle of Man to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
(c)
(c) if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
(d)
(d) to take her to any other destination that may be specified by the officer in agreement with the master;
and the master shall comply with any such request or direction.
(2) Without prejudice to the provisions of paragraph (10) of this article, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
(3) Where any officer of Customs and Excise or any person authorised by the Treasury for that purpose either generally or in a particular case has reason to suspect that any goods vehicle in the Isle of Man has been or is being used in violation of the United Nations resolutions, that authorised person or officer may request the driver of the vehicle to furnish such information relating to the vehicle and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person or any such officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the driver to cause the...
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