Joint Committee on Statutory Instruments Fifth Report


APPENDIX 1

Memorandum by the Home Office

AFGHANISTAN (UNITED NATIONS SANCTIONS) (CHANNEL ISLANDS) ORDER 1999
(S.I. 1999/3134)

AFGHANISTAN (UNITED NATIONS SANCTIONS) (ISLE OF MAN) ORDER 1999
(S.I. 1999/3135)

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

    (1)Given that S.I. 1999/3133 extends to the Channel Islands and the Isle of Man, explain the need for separate Orders (S.I. 1999/3134 and 3135) extending respectively to the Islands.

  2. The separate Orders in respect of the Islands make no provision for the prohibition of flights as provided in article 3 (and related articles) of S.I. 1999/3133. The extension of S.I. 1999/3133 to the Channel Islands and the Isle of Man gives effect to that prohibition. In respect of the controls on the funds of the Taliban the separate Orders for the Islands are required to give effect to these controls, having regard to the respective Islands' local institutions. The extent of S.I. 1999/3133 in respect of the control of funds of the Taliban will be dealt with in a memorandum to be submitted by the Foreign and Commonwealth Office.

    (2)Article 4(1) of the Isle of Man Order provides that the prohibition against making funds available to the Taliban applies to any person elsewhere who [(a)] is ordinarily resident in the Isle of Man and who is (for example) a British citizen. Article 5(1)(a) of the Overseas Territories Order contains a corresponding requirement as to ordinary residence. On the other hand, article 4(1)(a) of the Channel Islands Order and article 5(1)(a) of S.I. 1999/3133 contain no such corresponding requirement. Explain the reason for this difference.

  3. The words "and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey" were omitted in error from Article 4(1)(a) of the Channel Islands Order. We are grateful to the members of the Joint Committee for drawing our attention to this mistake, which will be rectified by an amending Order anticipated to be made on 14th December 1999.

  4. It is considered appropriate that the Islands will only exercise their jurisdiction over a person outwith their territory where such a person is ordinarily resident there and is (for example) a British citizen. The exercise of jurisdiction over a person who is not ordinarily resident in one of the Islands, but is (for example) a British citizen, will be dealt with in a memorandum to be submitted by the Foreign and Commonwealth Office.

    (3)Explain the reference, in paragraph 2 of the Schedule to the Isle of Man Order, to the seizure of a document under "Schedule 2(2)"

  5. The words "and no document seized under Schedule 2(2) above" were included in paragraph 2 of the Schedule to the Isle of Man Order in error. We are grateful to the members of the Joint Committee for drawing our attention to this mistake, which will be rectified by an amending Order anticipated to be made on 14th December 1999.

    (4)In article 8(1) of the Overseas Territories Order and of S.I. 1999/3133, ought not the reference to article "3(2)" to have read "3(3)"?

  6. This point will be dealt with in a memorandum to be submitted by the Foreign and Commonwealth Office.

14th December 1999


 
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