Joint Committee on Statutory Instruments Twenty-Seventh Report


APPENDIX 2

Memorandum by the Home Office

GENEVA CONVENTIONS ACT (ISLE OF MAN) ORDER 1999 (S.I. 1999/1743)

GENEVA CONVENTIONS ACT (JERSEY) ORDER 1999 (S.I. 1999/1744)

  The Joint Committee has requested a memorandum on the following points in relation to these Orders—

(1)  Identify the Orders which provide for the provisions of the Geneva Conventions Act 1957 to be extended (subject to any specified exceptions and modifications) to the Isle of Man and Jersey respectively, and explain why the relevant Orders were not specified in a footnote in the instruments under consideration.

    1. The Orders are the Geneva Conventions Act (Isle of Man) Order 1970 (S.I. 1970/1677) and the Geneva Conventions Act (Jersey) Order 1966 (S.I. 1966/949).

    2. These Orders were not cited in a footnote in the instruments under consideration because, under existing recommended practice, they are not strictly relevant in the way that an amendment to a provision cited would be. However, it is conceded that it would have been helpful to the reader to refer to the Orders in the Explanatory Note.

(2)  Given that the 1995 Amendment Act consists of provisions inserted into the 1957 Act as provisions of that Act, explain why article 2 and paragraph 1 of the Schedule refer to the provisions being modified as provisions of the 1995 Amendment Act.

    3. Article 2 of each Order refers to the provisions of the 1995 Amendment Act because it is those provisions which are being extended to the Isle of Man and Jersey. The Act, as so extended, then operates to amend the Geneva Conventions Act 1957, as extended to the Islands by the Orders cited in paragraph 1 above, in the same way as the 1995 Amendment Act operates on the 1957 Act in the United Kingdom. Paragraph 1 of the Schedule to each Order reflects this.

(3)  In the Schedule identify the provisions being modified which appear in the 1995 Amendment Act.

    4. All of the references to sections, subsections and paragraphs in the Schedule to each Order are to provisions of the 1995 Amendment Act. The modifications made by paragraphs 2, 3(2) and (3), 4 and 5 of the Schedule to the Isle of Man Order and paragraphs 2(2), 3(1), (2), (3) and (5), 4, 6 and 7 of the Schedule to the Jersey Order are all in respect of provisions of the 1995 Amendment Act. In the remaining paragraphs the words being modified are inlcuded in amendments made by the 1995 Amendment Act. In the case of provisions such as paragraph 2(1) of the Schedule to the Jersey Order, it is conceded tht it would have been preferable to identify the amendments to the 1957 Act in the way in which paragraph 3(1) of the Schedule to the Isle of Man Order and paragraph 3(4) of the Schedule to the Jersey Order do.

20 July 1999


 
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