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Paragraph 22 Interpretation of Part I

United Kingdom

(1)

In this Part, unless it is otherwise expressly provided or required by the context—

  • “contravene” in relation to any requirement includes fail to comply with that requirement, and cognate expressions shall be construed accordingly;

  • “court” means any court of law or tribunal having jurisdiction in the Islands, including Her Majesty in Council, but excepting, save in section 4, a court constituted by or under disciplinary law;

  • “disciplinary law” means a law regulating the discipline of any disciplined force;

  • “disciplined force” means—

    1. (a)

      a naval, military or air force;

    2. (b)

      any police force or prison service of the Islands;

  • “legal representative” means a person entitled to practise in the Islands as an attorney;

  • “member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

  • “minor” means a person who has not attained the age of eighteen years;

  • “period of public emergency” means any period during which—

    1. (a)

      Her Majesty is at war; or

    2. (b)

      there is in force in the Islands a proclamation of emergency under F1the Emergency Powers (Overseas Territories) Order 2017 or under any other law in force in the Islands to like effect.

(2)

In relation to any person who is a member of a disciplined force raised under the law of the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to contravene the provisions of this Part other than sections 2, 3 and 4.

(3)

In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to contravene any provisions of this Part.

Annotations

Textual amendments

F1

Words in Sch. 2 s. 22(1) substituted (16.3.2017) by The Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017/181), arts. 1(1), 12(2)

Notes on Schedule 2

Commencement

I1

Sch. 2 in force at 15.10.2012, see art. 1(2)