Article 2 Interpretation

In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—

• “airport” has the meaning it bears in section 82 of the Airports Act 1986^f1;

• “airport charges” and “aircraft documents” have the meanings they bear in section 88 of the Civil Aviation Act 1982^f2;

• “body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;

• “commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

• “cargo” includes load;

• “effective control” in relation to a ship, goods vehicle or aircraft, means a legal or beneficial interest by way of ownership which is less than a majority interest but which, having regard to the considerations of fact or law involved, confers the possibility of directly or indirectly exercising a decisive influence on the operation of that ship, goods vehicle or aircraft;

• “goods vehicle” has the meaning it bears in section 192(1) of the Road Traffic Act1988^f3;

• “harbour” and “harbour authority” have the meanings they bear in the Harbours Act1964^f4 and the Harbours Act (Northern Ireland) 1970^f5;

• “master”, in relation to a ship, includes any person (other than a pilot) for the timebeing in charge of that ship;

• “operator”, in relation to a ship, aircraft or goods vehicle, means the person for the time being having the management of that ship, aircraft or goods vehicle;

• “owner”, in relation to a goods vehicle which is the subject of a hiring agreement or a hire purchase agreement, has the meaning it bears in section 192(1) of the Road Traffic Act 1988;

• “owner”, in relation to a ship, means, except in relation to articles 10, 12 and 17, where the owner of a ship is not the operator, the operator and any person to whom it is chartered;

• “person connected with Serbia or Montenegro” means

  1. (a)

     the Governments of the Federal Republic of Yugoslavia, of Serbia and of Montenegro;

  2. (b)

     any other person in, or resident in, Serbia or Montenegro;

  3. (c)

     any body incorporated or constituted under the law of Serbia or Montenegro;

  4. (d)

     any body, wherever incorporated or constituted, which is controlled by any of the said Governments, any other person in, or resident in, Serbia or Montenegro, or any body incorporated in or constituted under the law of Serbia or Montenegro; and

  5. (e)

     any person acting on behalf of any of the above mentioned persons;

• “ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894^f6;

• “stores” means goods for use in a ship, goods vehicle or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, and,in relation to a ship or aircraft, includes any goods for use as merchandise for sale by retail to persons carried therein;

• “the 1992 Order” means the Serbia and Montenegro (United Nations Sanctions) Order 1992^f7;

• “traffic area” means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981^f8;

• “vehicle documents” means documents within the meaning of section 173(2) of the Road Traffic Act 1988;

• “violation of the United Nations resolutions” means a contravention committed after the entry into force of this Order of any of those provisions of the law of any country or territory which, to the extent required by the provisions of the resolutions set out in Schedule 1 to this Order, prohibit certain imports and exports of goods, supplies of services, or operation or use of ships, goods vehicles or aircraft in relation to the former Yugoslavia or parts thereof, or, where there is no such law in the relevant country or territory, an import or export of goods, supply of services or operation or use of ships, vehicles or aircraft which is required to be prohibited under any of those resolutions.