Statutory Instrument 1997 No. 1753

The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Dependent Territories) Order 1997

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Dependent Territories) Order 1997 , ISBN 0 11 064684 3. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1996 Orders" means the United Nations (International Tribunal) (Former Yugoslavia) Order 1996[2] and the United Nations (International Tribunal) (Rwanda) Order 1996[3].

Application of the 1996 Orders
     3.  - (1) Subject to the provisions of this article, the 1996 Orders shall have the force of law in the territories listed in the Schedule to this Order.

    (2) In the application of this Order to any of the said territories, the expression "the Territory" in this Order means that territory.

    (3) In the operation of the 1996 Orders as part of the law of the Territory by virtue of this article, their provisions shall have effect only so far as they are applicable and suitable to local circumstances and they shall be construed with such modifications, adaptations, qualifications and exceptions as local circumstances render necessary; and in particular they shall be subject to the following provisions of this article.

    (4) In the operation of the provisions of the 1996 Orders as part of the law of the Territory by virtue of this article - 

(a) a reference therein (in whatever terms) to any English governmental or judicial authority (that is to say, a Minister or department of government of the Government of the United Kingdom or some other officer or authority of that Government or a court or tribunal having jurisdiction under the law of England) shall, subject to paragraphs (5) and (6), be construed as a reference to the Governor or, as the case may require, to the department of government or other officer or authority of the Government of the Territory, or to the court or tribunal of the Territory, for the time being discharging functions corresponding to the relevant functions of the English governmental or judicial authority; and

(b) a reference therein (in whatever terms) to the United Kingdom, or to England and Wales, as a geographical location shall be construed as a reference to the Territory.

    (5) Where, in or for the purposes of any proceedings in a court of the Territory, a question arises as to who or which authority or which court for the time being discharges (or did at some material time discharge) functions corresponding to the relevant functions of a given English governmental or judicial authority, the court which is seized of the proceedings or any person intending to initiate the proceedings may apply to the Governor for his certificate as to that matter; and any certificate which the Governor may give in response to such an application shall be conclusive as to that matter in those proceedings.

    (6) Notwithstanding paragraph (4)(a), references in the 1996 Orders (as they have effect as part of the law of the Territory by virtue of this article) to the Secretary of State shall, in their application to things done or to be done outside the Territory, continue to be construed as references to the Secretary of State but shall, in their application to things done or to be done within the Territory, be construed as references to the Governor of the Territory.

    (7) In paragraph (5) - 

(a) the reference to proceedings in a court of the Territory is a reference to any proceedings that fall to be taken, or that may fall to be taken, for the purposes of the 1996 Orders (as they have effect as part of the law of the Territory by virtue of this article) or to any step in any such proceedings; and

(b) the reference to a person intending to initiate proceedings in a court of the Territory includes a reference to a person in whom there is vested, or may be vested, a power or a duty to initiate such proceedings.

N. H. Nicholls
Clerk of the Privy Council

[2] S.I. 1996/716.back

[3] S.I. 1996/1296.back