Visiting Forces and International Headquarters (Application of Law) Order 1965
| Jurisdiction | UK Non-devolved |
1965 No. 1536
DEFENCE
The Visiting Forces and International Headquarters (Application of Law) Order 19653rdAugust 1965
2ndSeptember 1965
At the Court at Buckingham Palace, the 3rd day of August 1965
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has in accordance with section 8(6) of the Visiting Forces Act 1952(a) and paragraph 7 of the Schedule to the International Headquarters and Defence Organisations Act 1964(b) been laid before Parliament and approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in pursuance of section 8 of the Visiting Forces Act 1952 and paragraph 7 of the Schedule to the International Headquarters and Defence Organisations Act 1964 is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1.—(1) This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) Order 1965.
(2) This Order shall come into operation at the expiration of thirty days beginning with the day on which it is made.
Revocation
2.—(1) The Visiting Forces (Application of Law) Order 1954(c), the Visiting Forces (Application of Law) Order 1956(d) and the Visiting Forces (Application of Law) Order 1961(e) are hereby revoked.
(2) Any appointment or instrument made or thing done by virtue of any provision revoked by this Order shall have effect as if made or done by virtue of the corresponding provision of this Order.
Interpretation and application
3.—(1) The Interpretation Act 1889(f) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(a) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 67.
(b) 1964 c. 5.
(c) S.I. 1954/635 (1954 II, p. 2465).
(d) S.I. 1956/2042 (1956 II, p. 2447).
(e) S.I. 1961/1512 (1961 II, p. 3088).
(f) 52 & 53 Vict. c. 63.
(2) In this Order "visiting force" means a visiting force to which this Order applies and "headquarters" means a headquarters or defence organisation to which this Order applies; and references in Articles 7 to 12 of this Order to members of a headquarters include any person so connected with the headquarters as to be a member thereof within the ordinary meaning of that expression, though not within the meaning assigned to it by paragraph 1 of the Schedule to the International Headquarters and Defence Organisations Act 1964.
(3) The visiting forces to which this Order applies are those of Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidad and Tobago, Uganda, Kenya, Zanzibar, Malawi, Malta, Zambia, The Gambia, the United States of America, France, Belgium, Norway, the Netherlands, Luxembourg, Turkey, Greece, Denmark, Portugal, Italy and the Federal Republic of Germany
(4) The headquarters and defence organisation to which this Order applies are—
The Supreme Headquarters Allied Powers Europe (SHAPE).
The Headquarters of the Supreme Allied Commander Atlantic (SACLANT).
The Channel Committee (CHANCOMTEE).
The Headquarters of the Allied Commander in Chief Channel (CINCHAN).
The Headquarters of the Commander of the Allied Maritime Air Force, Channel (COMMAIRCHAN).
The Headquarters of the Commander in Chief of the Eastern Atlantic Area (CINCEASTLANT).
The Headquarters of the Commander of the Maritime Air Eastern Atlantic Area (COMMAIREASTLANT).
(5) Except where the context otherwise requires, any reference in this Order to an enactment is a reference thereto as amended by or under any other enactment and includes a reference thereto as applied by or under or incorporated with any other enactment.
Provision of supplies
4.—(1) For the purposes of the Ministry of Supply Act 1939(a) (which enables the Minister of Aviation to acquire, produce and dispose of articles required for the public service and to exercise certain other powers in relation to such articles) "articles required for the public service" shall include articles required for the service of any visiting force or of any headquarters; and "works required for the public service" shall be construed accordingly.
(2) Notwithstanding any Order made under the Ministers of the Crown (Transfer of Functions) Act 1946(b) before the date on which this Order comes into force, any functions exercisable under the Ministry of Supply Act 1939 in respect of articles or works required for the service of a visiting force or of a headquarters shall be functions of the Minister of Aviation.
Provision of land
5.—(1) Any power exercisable in relation to land under the Defence Acts, the Military Lands Acts 1892 to 1903 or Part VII of the Requisitioned Land and War Works Act 1945(c) by the Secretary of State or the Minister of Aviation or exercisable under Part VI of the said Act of 1945 by any Minister within the meaning of that Act may be exercised for the purposes of any visiting force or of any headquarters to the like extent as if it formed part of each of the home forces; and accordingly—
(a) 2 & 3 Geo. 6. c. 38.
(b) 9 & 10 Geo. 6. c. 31.
(c) 8 & 9 Geo. 6. c. 43.
(a) the enactments specified in Schedule 1 to this Order shall have effect subject to the modifications set out in relation thereto in the second column of that Schedule; and
(b) any reference in those enactments, or any other enactment referred to in this paragraph, to the public service shall be construed as including a reference to the service of any visiting force or of any headquarters.
(2) In this Article "the Defence Acts" means the Defence Acts 1842 to 1873, the Ordnance Board Transfer Act 1855(a), section 7 of the Lands Clauses Consolidation Acts Amendment Act 1860(b), the Defence Act Amendment Act 1864(c), and section 7 of the Militia (Lands and Buildings) Act 1873(d).
(3) Any reference in Schedule 1 to this Order to any expression contained in any enactment therein mentioned includes a reference to any other expression substituted therefor, whether expressly or by implication, and whether generally or for particular purposes, by any other enactment; but nothing in this Article shall affect the operation of any enactment (except Part VI of the Requisitioned Land and War Works Act 1945) in its application to any Minister or department other than a Secretary of State or the Minister of Aviation.
Appointment of special constables
6.—(1) The power conferred by section 3 of the Special Constables Act 1923(e) and paragraph 1(1) of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947(f) to appoint persons nominated by the Defence Council to be special constables within the places, premises and limits described in those enactments respectively shall extend to the appointment of persons so nominated to be special constables in, and within fifteen miles of, any other premises in Great Britain which are for the time being in the possession or under the control either of the service authorities of a visiting force or of a headquarters, or are for the time being used for or in connection with the purposes of such a force or headquarters, and subject to the following provisions of this Article the said enactments shall have effect accordingly.
(2) The proviso to section 2 of the Metropolitan Police Act 1860(g) (which as applied by the said section 3, limits the powers of special constables appointed thereunder) shall have effect as so applied as if the reference therein to the yards, naval and marine hospitals and infirmaries and marine barracks or stations included a reference to any such premises as are mentioned in the foregoing paragraph, and as if the references therein to property of the Crown and to persons subject to naval or marine, military or air force discipline included references to property either of the service authorities of a visiting force or of a headquarters and to persons subject to the service law of such a force.
(3) Paragraph 1(2) of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947 (which relates to the appointment in Northern Ireland of special constables nominated by the Defence Council) shall have effect as if the premises therein mentioned included any premises in the possession or under the control either of the service authorities of a visiting force or of a headquarters, or used for the service of such a force or of a headquarters.
(a) 18 & 19 Vict. c. 117.
(b) 23 & 24 Vict. c. 106.
(c) 27 & 28 Vict. c. 89.
(d) 36 & 37 Vict. c. 68.
(e) 13 & 14 Geo. 5. c. 11.
(f) 11 & 12 Geo. 6. c. 10.
(g) 23 & 24 Vict. c. 135.
(4) A special constable who, on the date on which this Order comes into operation, is authorised under the enactments mentioned in paragraphs (1) and (3) of this Article to act within any places, premises and limits described in those enactments may, without being further appointed or sworn for the purpose, act within any premises and limits for which special constables may be appointed by virtue of this Article.
Postal, telegraphic and wireless services
7. To such extent as may be provided by any agreement for the time being in force, being an agreement made by or on behalf of Her Majesty's Government in the United Kingdom with the service authorities of any visiting force or the government of the sending country of any such force or with a headquarters, and subject to such conditions and restrictions as may be prescribed by any such agreement—
(a) letters conveyed, received, collected, sent, despatched or delivered by means of posts and post offices established in the United Kingdom by the service authorities of that force or, as the case may be, by that headquarters, shall be excepted from the exclusive privileges of the Postmaster General under section 3 of the Post Office Act 1953(a);
(b) telegrams transmitted within the United Kingdom by means of a telegraph maintained by the service authorities of that force or by that headquarters shall be excepted from the exclusive privileges of...
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