The Global Human Rights Sanctions (Overseas Territories) Order 2020

JurisdictionUK Non-devolved
CitationSI 2020/773
(1) This Order may be cited as the Global Human Rights Sanctions (Overseas Territories) Order 2020 and comes into force on 22nd July 2020.(2) This Order extends to each British overseas territory listed in Schedule 1.
  • The Global Human Rights Sanctions Regulations 2020
  • section 44 (protection for acts done for purposes of compliance) ;
  • section 52(3) (Crown application) ;
  • section 53 (saving for prerogative powers) , except that, in its application to a particular British overseas territory, the reference in subsection (1) of that section to the United Kingdom is to be read as a reference to that territory.
  • in the heading, omit “and commencement”;omit paragraph (2) .the existing text becomes paragraph (1) ;in the appropriate places, insert the following definitions—
      • F7“authorised officer” means, in relation to the Territory—
        • (a) a member of Her Majesty’s forces in the Territory,
        • (b) a police or customs officer of the Territory,
        • (c) a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—
          • (i) regulation 19 (information powers) ,
          • (ii) regulation 21 (general trade licences: inspection of records) ,
          • (iii) regulation 22 (disclosure of information) ,
          • (iv) regulation 23A (suspected ships, aircraft or vehicles) , or
          • (v) regulation 23B (search warrants) , or
        • (d) any person acting under the authority of a person falling within any of paragraphs (a) to (c) ;
    ;
      financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 20(1) ;
    ;
      the Governor” is to be read in accordance with regulation 4A;
    ;
      Her Majesty's forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;
    ;
    omit the definition of “Treasury licence”;after that paragraph insert—
    • (2) In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.
    In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.in the heading, for “United Kingdom” substitute “ Territory ”;in paragraphs (1) and (4) , for “United Kingdom person” substitute “ Territory person ”;in paragraphs (1) , (4) and (7) , for “United Kingdom” substitute “ Territory ”;in paragraphs (2) and (5) , after “in the territorial sea” insert “ of the Territory ”;in paragraphs (3) and (6) , for “Treasury licence” substitute “ financial sanctions licence ”;at the end, insert—
    • (8) In this regulation—
      • territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;
      • Territory person” means, in relation to the Territory, a person who is—
        • (a) an individual ordinarily resident in the Territory who is—
          • (i) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
          • (ii) a person who under the British Nationality Act 1981 is a British subject, or
          • (iii) a British protected person within the meaning of that Act, or
        • (b) a body incorporated or constituted under the law of any part of the Territory.
    In this regulation—
    • territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;
    • Territory person” means, in relation to the Territory, a person who is—
      • (a) an individual ordinarily resident in the Territory who is—
        • (i) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
        • (ii) a person who under the British Nationality Act 1981 is a British subject, or
        • (iii) a British protected person within the meaning of that Act, or
      • (b) a body incorporated or constituted under the law of any part of the Territory.
    (4) At the end of Part 1 (General) , insert—
      (4A) Functions of the Governor
    • (1) In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.
    • (2) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor's powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.
    • (3) In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.
    In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor's powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.(5) Omit regulation 5 (power to designate persons) (including the heading) .(6) Omit regulation 6 (designation criteria) (including the heading) .(7) In regulation 7 (export of military goods) , at the end insert—
    • (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Lebanon (as the case may be) .
    A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Lebanon (as the case may be) .in the heading, omit “where designation power used”;omit paragraph (1) ;in paragraph (2) (a) , for “that is to be treated as confidential in accordance with paragraph (1) ” substitute “ which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom) ”;for “High Court (in Scotland, the Court of Session) ” substitute “Supreme Court of the Territory”;omit “(in Scotland, an interdict) ”;at the end, insert—
    • (9) In this regulation, “Supreme Court of the Territory” means—
    • (a) in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;
    • (b) in relation to the Cayman Islands, the Grand Court of the Cayman Islands;
    • (c) in relation to the British Antarctic Territory, the British Indian Ocean Territory, the...
    in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;in relation to the Cayman Islands, the Grand Court of the Cayman Islands;in relation to the British Antarctic Territory, the British Indian Ocean Territory, the

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