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(The document as of February, 2008. Arhiv.Online Library)

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Statutory Instruments

2007 No. 2131

UNITED NATIONS

The Lebanon (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2007

Made

25th July 2007

Laid before Parliament

26th July 2007

Coming into force

27th July 2007

At the Court at Buckingham Palace, the 25th day of July 2007

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order as follows:--

Citation, commencement and extent

1. --(1) This Order may be cited as the Lebanon (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2007 and shall come into force on 27th July 2007.

(2) In this Order "the Order" means the Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007(2).

(3) This Order shall extend to the territories listed in Schedule 1 to the Order.

Amendment of the Order

2.   The Order is amended as follows:--

(1) In Article 1 a new paragraph shall be added as follows:

" (7) Article 15 shall apply to the Falkland Island and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 4. "

(2) In Article 15(3)(a) the words "of any amount" shall be deleted.

(3) For Schedule 2 of the Order there shall be substituted the following:--



Article 1(4)

" SCHEDULE 2 APPLICATION OF ARTICLE 15 TO THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA IN THE ISLAND OF CYPRUS

1.   A person guilty of an offence under article 3, 4, 5, or 6(3), or paragraph 5(b) or (d) of Schedule 3 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine not exceeding £5,000 or its equivalent, or to both.

2.   A person guilty of an offence under article 8(1) or (2), 9(4), or 13(3)(b)(ii) is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding £5,000 or its equivalent, or to both.

3.   A person guilty of an offence under article 13(3)(a), (b)(i) or (c), or paragraph (5)(a) or (c) of Schedule 3, is liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent, or to both.

4.   A person guilty of an offence under article 7 or 9(3) is liable on conviction to a fine not exceeding £5,000 or its equivalent.

5.   Where a body corporate is guilty of an offence under this Order and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of an officer, he, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

6.   Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

7.   No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the Attorney General and Legal Adviser.

8.   Irrespective of whether consent under paragraph 7 has been obtained, paragraph 7 does not prevent:--

(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence;

(b) remand in custody or on bail of any person charged with such an offence. "

(4) In Schedule 3, paragraph 5(b) the words "on produces and" shall be replaced with "or produces any".

(5) A new Schedule shall be added as follows:



Article 1(7)

" SCHEDULE 4 APPLICATION OF ARTICLE 15 TO THE FALKLAND ISLANDS AND TO SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS

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When the Magistrate's Court is sentencing a person following summary conviction for an offence under this Order, alternatively to the penalties applicable under article 15 to the relevant offence upon summary conviction, there shall be available to the Magistrate's Court any penalties which would be applicable under article 15 upon conviction for that offence on indictment. "

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007 ("the Order") in relation to the prosecution of offences in the Sovereign Base Areas of Akroitiri and Dhekelia in the Island of Cyprus and the Falkland Islands and South Georgia and the South Sandwich Islands.

Article 15 of the Order is amended to achieve consistency in the description of "fine".

Schedule 2 of the Order is replaced to reflect the present court structure and procedure in the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

Schedule 4 is added to the Order to modify the application of article 15 insofar as it applies to the Falkland Islands (including South Georgia and the South Sandwich Islands).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

( 1 )

1946 c. 45. Back [1]

( 2 )

S.I. 2007/283. Back [2]

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