The International Criminal Court Act 2001 (Isle of Man) Order 2004

• Citation: S.I. 2004/714
• Sections: 5

Section 1

This Order may be cited as the International Criminal Court Act 2001 (Isle of Man) Order 2004 and shall come into force on 1st April 2004.

Section 2

The following provisions of the International Criminal Court Act 2001 shall extend to the Isle of Man —

(a) section 23(5) (extension of powers under United Nations Act 1946 ;

(b) section 42(5) (disapplication of certain provisions to person detained in pursuance of ICC sentence);

(c) sections 44 and 45 (transfer of prisoner);

(d) section 70 (amendment of Geneva Conventions Act 1957) ; and

(e) section 83 and Schedule 10 (repeals), so far as they relate to the Geneva Conventions Act 1957, the Genocide Act 1969 and the Geneva Conventions (Amendment) Act 1995 ;

subject, in the case of sections 44, 45 and 70, to the modifications set out in the Schedule to this Order.

Section 1

In section 44 (Transfer to another part of the United Kingdom: transfer of ICC sentence )—

(a) in subsections (1) and (3), for the words “relevant Minister” substitute “Secretary of State”;

(b) in subsection (1), for the words “to another part of the United Kingdom” substitute “from the Isle of Man to any part of the United Kingdom”;

(c) for subsection (2) substitute —

(2) No such order shall be made without the agreement of the Department of Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers.

(d) omit subsections (4), (5) and (6).

Section 2

In section 45 (Transfer to another part of the United Kingdom: transfer for temporary purposes)—

(a) in subsections (1), (2) and (4), for the words “relevant Minister” substitute “Secretary of State”;

(b) in subsection (1)(a) and (b), for the words “another” substitute “any”;

(c) for subsection (3) substitute —

(3) No such order shall be made without the agreement of the Department of Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers.

(d) omit subsections (5) and (6).

Section 3

In section 70 (Offences under section 1 of the Geneva Conventions Act 1957)—

(a) In subsection (1)(a), for the word “indictment” substitute “information”;

(b) In subsection (2), in the inserted section 1A (Trial and punishment of offences under s. 1)—

(i) in subsection (2), for the word “indictment” substitute “information”;

(ii) in subsection (3), for paragraphs (a) and (b) substitute “except by or with the consent of Her Majesty’s Attorney General for the Isle of Man”;

(iii) omit subsection (4);

(iv) in subsection (5), for the words “the part of the United Kingdom in which the proceedings are brought” substitute “the Isle of Man”; and

(v) in subsection (6), for the word “imprisonment” substitute “custody”; and

(c) In subsection (3), for the words “commencement of this section” substitute “extension of this section to the Isle of Man”.