United Nations (International Tribunal) (Former Yugoslavia) (Amendment) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/2563 |
| Year | 2001 |
2001 No. 2563
UNITED NATIONS
The United Nations (International Tribunal) (Former Yugoslavia) (Amendment) Order 2001
Made 18th July 2001
Laid before Parliament
Coming into force 1st September 2001
At the Court at Buckingham Palace, the 18th day of July 2001
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, by a resolution adopted on 25th May 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 the Former Yugoslavia:
And whereas, under section 1 of the United Nations Act 19461(“the 1946 Act”) Her Majesty may, by Order in Council, make such provision as appears to her necessary or expedient for enabling those measures to be effectively applied:
And whereas, on 13th March 1996, Her Majesty made the United Nations (International Tribunal) (Former Yugoslavia) Order 19962(“the 1996 Order”), which was laid before Parliament on 14th March 1996 and came into force on 15th March 1996:
And whereas, under section 1(3) of the 1946 Act, any Order in Council made under section 1 of the 1946 Act may be varied or revoked by a subsequent Order in Council:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 1 of the 1946 Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and extent
1.—(1) This Order may be cited as the United Nations (International Tribunal) (Former Yugoslavia) (Amendment) Order 2001 and shall come into force on 1st September 2001.
(2) This Order extends to the United Kingdom.
Production or Access Orders
2. After article 17 of the 1996 Order insert—
“Production or Access Orders
17A.—(1) Where the Secretary of State receives a request from the International Tribunal for assistance—
(a)
(a) in ascertaining whether a person has benefited from an International Tribunal crime, or
(b)
(b) in identifying the extent or whereabouts of property derived directly or indirectly from an International Tribunal crime,
the Secretary of State may direct a constable to apply for an order under this article.
(2) An order under this article may be made by a Circuit Judge or, in Northern Ireland, a County Court Judge on an application made in pursuance of a direction by the Secretary of State under paragraph (1).
(3) Any such application—
(i)
(i) in England and Wales, may be made without notice and may be granted without a hearing; and
(ii)
(ii) in Northern Ireland, may be made on an ex parte application to a judge in chambers.
(4) The judge may make an order under this article if he is satisfied that there are reasonable grounds for suspecting—
(a)
(a) that a specified person has benefited from an International Tribunal crime, and
(b)
(b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made.
(5) No such order shall be made if it appears to the judge that the material to which the application relates consists of or includes items subject to legal privilege.
(6) The judge may order a specified person who appears to have in his possession, custody or power specified material, or material of a specified description, to which the application relates, either—
(a)
(a) to produce the material to a constable within a specified period for the constable to take away (a “production order”), or
(b)
(b) to give a constable access to the material within a specified period (an “access order”).
(7) The specified period shall be seven days beginning with the date of the order unless it appears to the judge making the order that a longer or shorter period would be appropriate in the particular circumstances of the application.
(8) Where the judge makes an access order in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.
(9) In this article “specified” means specified in the order.
(10) Where a production or access order is made by virtue of article 17B (material not yet in possession or existence), the provisions of this article have effect subject to the modifications specified in that article.
(11) In the application of this article to Scotland the following modifications shall have effect—
(a)
(a) for paragraph (1) there shall be substituted:
“(1) Where the Secretary of State receives a request from the International Tribunal for assistance—
(a) in ascertaining whether a person has benefited from an International Tribunal crime, or
(b) in identifying the extent or whereabouts of property derived directly or indirectly from an International Tribunal crime,
the Secretary of State shall pass a copy of the request to the Scottish Ministeres who may direct such person as they may authorise to apply for an order under this article, and any such person is referred to as “the authorised person”.”;
(b)
(b) for paragraphs (2) and (3) there shall be substituted:
“(2) An order under this article may be made on an ex parte application by the authorised person to a Sheriff in chambers.”;
(c)
(c) for any reference to “the judge”, there shall be substituted a reference to the “sheriff”; and
(d)
(d) in paragraph (5), the expression “items subject to legal privilege” has the meaning given to that expression by section 33 of the Criminal Law (Consolidation) (Scotland) Act 19953.
Material not yet in possession or existence
17B.—(1) A production or access order may be made in relation to a person who the judge thinks is likely to have material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order.
(2) A production or access order may also be made in relation to material consisting of or including material which is expected to come into existence within that period. In that case it must specify a person within paragraph (1).
(3) Where a production or access order is made by virtue of this article—
(a)
(a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the...
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