Visiting Forces and International Headquarters (Application of Law) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1736 |
| Year | 1999 |
1999 No. 1736
DEFENCE
The Visiting Forces and International Headquarters (Application of Law) Order 1999
Made 22th June 1999
Coming into force 23th June 1999
At the Court at Windsor Castle, the 22nd day of June 1999
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament;
Now, therefore, Her Majesty, in pursuance of section 8 of the Visiting Forces Act 19521and paragraph 7 of the Schedule to the International Headquarters and Defence Organisations Act 19642is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) Order 1999 and shall come into force on the day after the date on which it is made.
Interpretation
2. In this Order—
“military member of a headquarters” shall be construed in accordance with paragraph 1 of the Schedule to the International Headquarters and Defence Organisations Act 1964; and
“service court” means a service court of a country in respect of which section 8 of the Visiting Forces Act 1952 has effect.
Visiting forces and headquarters to which the Order applies
3.—(1) This Order applies to a visiting force of—
(a)
(a) any country specified in Part I of Schedule 1, or
(b)
(b) any country specified in Part II of that Schedule, where that country has been designated by Order in Council under section 1(2) of the Visiting Forces Act 1952 for the purposes of giving effect to section 8 of that Act with respect to that country.
(2) This Order applies to the headquarters specified in Schedule 2.
Provision of supplies
4.—(1) For the purposes of the Supply Powers Act 19753(which enables the Secretary of State to acquire, produce, dispose etc. of articles required for the public service and to exercise certain other powers in relation to such articles), any reference to articles required for the public service shall, subject to paragraph (2), include a reference to articles required for the purposes of a visiting force or headquarters; and the expression “works required for the public service” shall be construed accordingly.
(2) Paragraph (1) shall only enable the Secretary of State to exercise his powers under the Supply Powers Act 1975 in relation to articles required for the purposes of a visiting force or headquarters to the extent that those powers would be exercisable if the visiting force or headquarters were a part of any of the home forces.
Exercise of powers by the Secretary of State in relation to land
5.—(1) Any power in relation to land or other premises conferred upon the Secretary of State by the Defence Acts, the Military Lands Acts 1892 to 19034, or sections 36 to 39 of the Requisitioned Land and War Works Act 19455(which relate to the acquisition of easements or other rights restrictive of the user of any land), may be exercised for the purposes of a visiting force or headquarters to the extent that those powers would be exercisable if the visiting force or headquarters were a part of any of the home forces.
(2) For the purposes of the exercise of the powers conferred by paragraph (1), the enactments specified in that paragraph shall have effect subject to the modifications set out in Schedule 3.
(3) The powers conferred on the Secretary of State by the Land Powers (Defence) Act 19586may be exercised for the purposes of a headquarters to the extent that those powers would be exercisable if the headquarters were a part of any of the home forces; and accordingly in that Act any reference to defence purposes shall include a reference to any purpose of a headquarters.
(4) In this Article the “Defence Acts” means the Defence Acts 1842 to 1873, the Ordnance Board Transfer Act 18557, section 7 of the Lands Clauses Consolidation Acts Amendment Act 18608, the Defence Act Amendment Act 18649, and section 7 of the Militia (Lands and Buildings) Act 187310.
Use of intellectual property rights
6. Schedule 4 shall have effect with respect to the use for the purposes of a visiting force or headquarters of intellectual property rights.
Wireless telegraphy, postal service and telecommunication systems
7.—(1) The establishment or use of a station for wireless telegraphy, and the installation or use of any apparatus for wireless telegraphy, by—
(a)
(a) a member of a visiting force or any person working in support of such a force, or
(b)
(b) a member of a headquarters,
if done in the course of his duties as such, shall be exempt from the operation of Part I of the Wireless Telegraphy Act 194911 (which provides for the licensing etc. of wireless telegraphy).
(2) Section 10 of the Wireless Telegraphy Act 1949 (which is concerned with regulating the radiation of electro-magnetic energy from apparatus), and any regulations made thereunder, shall not apply to the use of any apparatus by a member of a visiting force or headquarters, if done in the course of his duties as such.
(3) Section 66 of the British Telecommunications Act 198112(which confers on the Post Office the exclusive privilege of conveying etc. letters in the United Kingdom) shall not have effect to prohibit a visiting force or headquarters from conveying letters from one place to another in the United Kingdom, or from performing the incidental services of receiving, collecting and delivering letters in the United Kingdom.
(4) The running of a telecommunications system by a visiting force or headquarters for service purposes shall be exempt from the operation of Part II of the Telecommunications Act 198413(which provides for the licensing etc. of telecommunications systems).
(5) The provisions of this article shall only have effect in relation to a visiting force or headquarters, or a member of such a force or headquarters, or a person working in support of such a force, to the extent provided by an agreement for the time being in force made by or on behalf of Her Majesty’s Government in the United Kingdom with (as the case may be)—
(a)
(a) the Government or the service authorities of the country to which the visiting force belongs, or
(b)
(b) the headquarters.
(6) Where a provision of this article has effect by virtue of such an agreement, it shall be subject to such conditions and restrictions as may be specified in the agreement.
(7) In this article, “service purposes” means naval, military or air force purposes.
Road vehicles
8.—(1) Subject to paragraphs (6) and (7)—
(a)
(a) Part VI of the Transport Act 196814(which is concerned with the regulation of drivers’ hours), and
(b)
(b) the provisions of the Road Traffic Regulation Act 198415(“the 1984 Act”) and the Road Traffic Act 198816(“the 1988 Act”) specified in paragraph (2),
shall not apply to a person or vehicle in the service of a visiting force or headquarters.
(2) The provisions referred to in paragraph (1)(b) are—
(a)
(a) sections 6 to 8, 19, 20, 102 and 103 of the 1984 Act; and
(b)
(b) sections 68 to 74, 123 to 162, 165, 170(5) to (7) and 171 of the 1988 Act.
(3) Section 130(3) of the 1984 Act (which enables the Secretary of State to vary in relation to certain vehicles provisions imposing speed limits) shall have effect in relation to vehicles used for the purposes of a visiting force or headquarters, while being driven by a person subject to the orders of a member of such a force or headquarters, as it has effect in relation to vehicles used for naval, military or air force purposes, while being driven as mentioned in that subsection.
(4) Neither section 97(3) nor section 98(3) of the 1988 Act, in so far as they prevent such a licence as is there mentioned from authorising a person to drive certain motor cycles, shall apply in the case of motor cycles in the service of a visiting force.
(5) Subject to any regulations made under section 101(2) of the 1988 Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) shall not apply in the case of vehicles in the service of a visiting force.
(6) Section 165 of the 1988 Act, in so far as it provides for the production of test certificates and the giving of names and addresses, shall apply to a person in connection with a vehicle to which section 47 of the 1988 Act applies notwithstanding that he or the driver is or was at any material time a person in the service of a visiting force or headquarters.
(7) Section 165(1) of the 1988 Act, in so far as it provides for the production of any certificate mentioned in subsection (2)(c) of that section, shall apply to a person in connection with a goods vehicle so mentioned notwithstanding that he or the driver is or was at any material time a person in the service of a visiting force or headquarters.
(8) No vehicle excise duty shall be charged under the Vehicle Excise and Registration Act 199417in respect of any vehicle in the service of a visiting force.
(9) In this article and in article 9—
(a)
(a) any reference to a person in the service of a visiting force or headquarters is a reference to—
(i) a member of a visiting force or headquarters, or
(ii) a person employed in the service of such a force,
when acting in the course of his duties as such; and
(b)
(b) any reference to a vehicle in the service of a visiting force or headquarters is a reference to a vehicle (including a motorcycle)—
(i) which belongs to a visiting force or headquarters and is used for the purposes of...
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