The Liberia (Restrictive Measures) (Overseas Territories) (Amendment No. 2) Order 2007

• Citation: S.I. 2007/2138
• Sections: 7

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Liberia (Restrictive Measures) (Overseas Territories) (Amendment No. 2) Order 2007 and shall come into force on 27th July 2007.

(2) In this Order “the Order” means the Liberia (Restrictive Measures) (Overseas Territories) Order 2004 .

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

Section 2 Amendment of the Order

The Order, is amended as follows:—

Section 3 Amendment of the Order

In Article 1(2) a new sub-paragraph shall be added as follows:—

(d) Article 17 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands subject to the Modification set out in Schedule 4.

Section 4 Amendment of the Order

Article 6 of the Order shall be deleted.

Section 5 Amendment of the Order

In Article 17(1) of the Order for the words “article 3(1), 4(3), 5, 6(2), 8(3), 8A, 8B(9) or 8C” there shall be substituted “article 3(1), 4(3), 5, 8(3), 8A, 8B(9) or 8C”.

Section 6 Amendment of the Order

For Schedule 2 of the Order there shall be substituted the following:—

APPLICATION OF ARTICLE 17 TO THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA IN THE ISLAND OF CYPRUS

(1) A person guilty of an offence under article 3(1), 4(3), 5, 8(3), 8A, 8B(9) or 8C 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 8B(10), 8D, 10(1) or (2), 11(4), or 15(3)(b)(ii) is liable on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.

(3) A person guilty of an offence under article 15(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 9 or 11(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.

Section 7 Amendment of the Order

A new Schedule shall be added as follows:—

APPLICATION OF ARTICLE 17 TO THE FALKLAND ISLANDS AND TO SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS

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 17 to the relevant offence upon summary conviction, there shall be available to the Magistrate’s Court any penalties which would be applicable under article 17 upon conviction for that offence on indictment.