SCHEDULE
Article 2
Exceptions, adaptations and modifications of sections 9 to 32, 34 to 42, 45 to 46 and 50 of, and Schedule 2 to, the 1990 Act as they extend to Jersey
Provision |
Exception, adaptation and modification |
Section 9 (hijacking of ships) |
(a) in subsections (1) and (2)(b) for “the United Kingdom” substitute “Jersey”; (b) in subsection (2)(c) after “United Kingdom” (in both places) insert “, any of the Channel Islands or the Isle of Man,”; and (c) in subsection (3) omit “on indictment”. |
Section 10 (seizing or exercising control of fixed platforms) |
(a) in subsection (1) for “the United Kingdom” substitute “Jersey”; and (b) in subsection (2) omit “on indictment”. |
Section 11 (destroying ships or fixed platforms or endangering their safety) |
(a) in subsection (3)(b) omit “, or being art and part in,”; (b) in subsections (4) and (5)(b) for “the United Kingdom” substitute “Jersey”; (c) in subsection (5)(c) after “United Kingdom” (in both places) insert “, any of the Channel Islands or the Isle of Man,”; (d) in subsection (6) omit “on indictment”; and (e) for subsection (7) substitute— “7 In this section— “act of violence” means— (a) any act done in Jersey, which constitutes the offence of murder, attempted murder, manslaughter or assault or an offence under Article 2 of the Loi (1884) sur les matières explosives, and (b) any act done outside Jersey which, if done in Jersey, would constitute such an offence as is mentioned in paragraph (a) above, and “unlawfully”— (a) in relation to the commission of an act in Jersey, means so as (apart from this Act) to constitute an offence under the law of Jersey, and (b) in relation to the commission of an act outside Jersey, means so that the commission of the act would (apart from this Act) have been an offence under the law of Jersey if it had been committed in Jersey.”. |
Section 12 (other acts endangering or likely to endanger safe navigation) |
(a) in subsections (5) and (6)(b) for “the United Kingdom” substitute “Jersey”; (b) in subsection (6)(c) after “United Kingdom” (in both places) insert “, any of the Channel Islands or the Isle of Man,”; and (c) in subsection (7) omit “on indictment”. |
Section 13 (offences involving threats) |
(a) in subsection (3) for “the United Kingdom” substitute “Jersey”; and (b) in subsection (5) omit “on indictment”. |
Section 14 (ancillary offences) |
(a) in subsection (1) (in both places) for “the United Kingdom” substitute “Jersey”; (b) for subsections (2) and (3) substitute— “2 The offences falling within this subsection are murder, attempted murder, manslaughter and assault and offences under Article 2 of the Loi (1884) sur les matières explosives. 3 Subsection (1) above has effect without prejudice to the following provisions of the Shipping (Jersey) Law 2002— (a) Article 173 (jurisdiction in case of offences on board ship, etc.); (b) Article 174 (offences committed by Jersey masters and seamen); (c) Article 175 (offences by officers of bodies corporate); and (d) Article 176 (secondary offenders).”; (c) in subsection (4) (in both places) for “the United Kingdom” substitute “Jersey”; (d) in subsection (5) omit “on indictment”; and (e) for subsection (6) substitute— “6 Subsection (4) above has effect without prejudice to the operation, in relation to any offence under section 9, 11, 12 or 13 of this Act, of any enactment or rule of law relating to aiding, abetting, counselling or procuring the commission of an offence.”. |
Section 15 (master’s power of delivery) |
(a) in subsection (1) for “the United Kingdom” substitute “Jersey”; (b) in subsection (2)— (i) in paragraph (c) omit “, or been art and part in,”; and (ii) for “the United Kingdom” substitute “Jersey”; (c) in subsection (3) for “the United Kingdom” substitute “Jersey”; (d) in subsection (6) omit “summary” and “not exceeding level 3 on the standard scale”; (e) in subsection (7) for “the United Kingdom” substitute “Jersey”; (f) in subsection (8)— (i) for the definition of “appropriate officer” substitute— ““appropriate officer” means— (a) in relation to Jersey, a police officer or immigration officer, and (b) in relation to any other Convention country, an officer having functions corresponding to the functions in Jersey either of a police officer or of an immigration officer,”; and (ii) for the definition of “master” substitute ““master” has the same meaning as in the Shipping (Jersey) Law 2002.”. |
Section 16 (prosecution of offences and proceedings) |
substitute— “Prosecution of offences and proceedings 16 Proceedings for an offence under any provision of this Part of this Act shall not be instituted except by, or with the consent of, Her Majesty’s Attorney General for Jersey.”. |
Section 17 (interpretation of Part II) |
omit subsection (2). |
Section 18 (purposes to which Part III applies) |
for subsections (2) and (3) substitute— “2 In this Part of this Act “act of violence” means any act (whether actual or potential, and whether done or to be done in Jersey or elsewhere) which either— (a) being an act done in Jersey, constitutes, or (b) if done in Jersey would constitute, the offence of murder, attempted murder, manslaughter or assault, or an offence under Article 2 of the Loi (1884) sur les Matières Explosives or any act to which subsection (2A) applies. 2A This subsection applies to any act which involves— (a) the destruction or damage without lawful excuse of any property belonging to another where the person doing the act intends to destroy or damage such property or is reckless as to whether such property would be destroyed or damaged; or (b) the destruction or damage without lawful excuse of any property whether belonging to the person doing the act or to some other person where the person doing the act— (i) intends to destroy or damage any property or is reckless as to whether any property would be destroyed or damaged; and (ii) intends by the destruction or damage to endanger the life of another or is reckless as to whether the life of another would be thereby endangered. 3 In this Part of this Act “harbour area” means the aggregate of— (a) any harbour as defined in the Harbours (Administration) (Jersey) Law 1961, and (b) any land which is adjacent to such a harbour and which is either land occupied by the Harbour Master or land in respect of which the Harbour Master has functions of improvement, maintenance or management. 4 In subsection (3)(b) above “functions” includes powers and duties.”. |
Section 19 (power of Secretary of State to require information) |
(a) for “Secretary of State” (in every place, including the headings) substitute “Minister”; (b) in subsection (1) omit paragraph (b); (c) omit subsection (6)(a); and (d) in subsection (6)(b) omit “on indictment”. |
Section 20 (designation of restricted zones of harbour areas) |
substitute— “Designation of restricted zones of harbour areas 20.—(1) The Minister may designate the whole or any part of a harbour area as a restricted zone for the purposes of this Part of this Act. (2) A harbour operator may, and shall if so requested in writing by the Minister, apply to the Minister for the designation of the whole or any part of the operating area as a restricted zone for the purposes of this Part of this Act. (3) An application under subsection (2) above shall be in such form, and accompanied by such plans, as the Minister may require. (4) If the Minister approves an application under subsection (2) above with or without modifications, he shall designate the restricted zone accordingly. (5) Before approving an application with modifications, the Minister shall consult the applicant. (6) If a person is requested in writing by the Minister to make an application under subsection (2) above within a specified period but fails to do so within that period, the Minister may designate the whole or any part of the harbour area or, as the case may be, of the operating area as a restricted zone. (7) The whole or... |
