UNITED KINGDOM STATUTORY INSTRUMENT
2010 No. 2965
Geneva Conventions
The Geneva Conventions Act (Guernsey) Order 2010
Made 15th December 2010
Coming into force 15th January 2011
At the Court at Buckingham Palace, the 15th day of December 2010
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 8(2)(a) of the Geneva Conventions Act 1957, and section 79(3) of the International Criminal Court Act 2001, is pleased, by and with the advice of Her Privy Council, to make the following Order:
S-1
Citation and commencementCitation and commencement
1. This Order may be cited as the Geneva Conventions Act (Guernsey) Order 2010 and shall come into force on 15th January 2011.
Interpretation
2. In this Order –
“the 2001 Act” means the International Criminal Court Act 2001;
“the 2009 Act” means the Geneva Conventions and United Nations Personnel (Protocols) Act 2009; and
“Guernsey” means the Bailiwick of Guernsey and the territorial waters adjacent thereto.
Extension of the 2001 Act and the 2009 Act to Guernsey
3. Sections 70 and 83 of, and Schedule 10 (in respect of sections 1(1) and 7(1) of the Geneva Conventions Act 1957) to, the 2001 Act, and section 1 of, and the Schedule to, the 2009 Act, shall extend to Guernsey, subject to the exceptions and modifications set out in the First Schedule to this Order.
S-4
Amendment to the Geneva Conventions Act (Guernsey) Order 1966Amendment to the Geneva Conventions Act (Guernsey) Order 1966
4. The Geneva Conventions Act (Guernsey) Order 1966shall be amended in accordance with the provisions of the Second Schedule to this Order.
Amendment to the Geneva Conventions Act (Guernsey) Order 1999
5. The Geneva Conventions Act (Guernsey) Order 1999shall be amended in accordance with the provisions of the Third Schedule to this Order.
Judith Simpson
Clerk of the Privy Council
SCHEDULE 1
Article 3
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.”.
SCHEDULE 2
Article 4
Amendments to the Geneva Conventions Act (Guernsey) Order 1966
The Schedule to the Geneva Conventions Act (Guernsey) Order 1966 shall be amended as follows -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;”.
