Statutory Instrument 2000 No. 2770

The Landmines Act 1998 (Isle of Man) Order 2000

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2000 No. 2770

LANDMINES

The Landmines Act 1998 (Isle of Man) Order 2000

	Made	11th October 2000
	Coming into force	11th November 2000

At the Court at Buckingham Palace, the 11th day of October 2000
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 3(4) and 29(4) of the Landmines Act 1998[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 

Citation, commencement and interpretation
    1. - (1) This Order may be cited as the Landmines Act 1998 (Isle of Man) Order 2000 and shall come into force on 11th November 2000.

    (2) In this Order "the Act" means the Landmines Act 1998.

Application of section 2(1) and (2) of the Act
    2.The application of subsections (1) and (2) of section 2 of the Act, so far as they apply as mentioned in subsection (3) of section 3 of the Act, shall extend to bodies incorporated under the law of the Isle of Man.

Extension of the Act to the Isle of Man
    3.The Act shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.


A. K. Galloway
Clerk of the Privy Council


SCHEDULE 1Article 3


EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS OF THE ACT AS IT EXTENDS TO THE ISLE OF MAN

    1.In section 2(8), for the word "indictment" substitute "information".

    2.In section 3 - 

(a) in subsections (1) and (2), for the words "United Kingdom" in each place where they occur substitute "Isle of Man";

(b) for subsection (3) substitute - 

    " (3) Subsections (1) and (2) of section 2, so far as they apply respectively to - 


(a) conduct outside the Isle of Man, and

(b) assistance, encouragement and inducements outside the Isle of Man,



impose prohibitions only on United Kingdom nationals, Scottish partnerships and bodies incorporated under the law of the Isle of Man or of a part of the United Kingdom.";

(c) omit subsection (4); and

(d) in subsection (6), for the words "outside the United Kingdom" substitute "outside the Isle of Man" and for the words "any place in the United Kingdom" substitute "the Isle of Man".

    3.In section 5(3), add at the end of paragraph (a) the words "and the Isle of Man".

    4.In section 8(2), omit paragraph (b) and the word "or" immediately preceding it.

    5.In section 10(7), omit paragraph (b) and the word "or" immediately preceding it.

    6.In section 11(2), for the words "the High Court or, in Scotland, the Court of Session" substitute "the High Court of Justice of the Isle of Man".

    7.In section 12(4)(b) and (5)(b), for the word "indictment" substitute "information".

    8.In section 13, for the words "United Kingdom", in each place where they occur, substitute "Isle of Man".

    9.In section 14(3)(b), for the word "indictment" substitute "information".

    10.In section 15 - 

(a) in subsection (2), for the words "United Kingdom", in both places where they occur, substitute "Isle of Man"; and

(b) at the end add the following subsection - 

    " (6) Any reference in this section to any privilege or immunity enjoyed by diplomatic agents in accordance with any provision of the 1961 Articles shall be construed as a reference to the privilege or immunity which would be so enjoyed if the Isle of Man were a part of the United Kingdom.".

    11.In section 18 - 

(a) in subsection (1), omit paragraph (b) and the word "or" immediately preceding it; and

(b) in subsection (8)(b) for the word "indictment" substitute "information".

    12.In section 19(3)(b), for the word "indictment" substitute "information".

    13.In section 20, for paragraphs (a) and (b) substitute "except by or with the consent of the Attorney General for the Isle of Man".

    14.Omit section 21.

    15.For section 24 substitute - 

    " 24. - (1) The council of Ministers may by order make such additions to, omissions from or other modifications of this Act as it has effect in the Isle of Man as it considers necessary or desirable to give effect to any amendment of the Ottawa Convention made in pursuance of its provisions, being additions, omissions or modifications appearing to the Council of Ministers to be equivalent to those made by order of the Secretary of State under this section as it has effect in the United Kingdom.

    (2) An order under this section shall not have effect unless it is approved by Tynwald.".

    16.In section 26, paragraph (b), for the words "United Kingdom" substitute "Isle of Man".

    17.In section 28 - 

(a) in subsection (2), for the words "the High Court or, in Scotland, the Court of Session" substitute "the High Court of Justice of the Isle of Man"; and

(b) in subsection (4), omit the words from "; and this subsection" to the end of the subsection.

    18.In section 29, omit subsections (2), (3) and (4).

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies section 2(1) and (2) of the Landmines Act 1998 (prohibited conduct), as it has effect in the United Kingdom in respect of conduct outside the United Kingdom, to bodies incorporated under the law of the Isle of Man. It also extends that Act to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to the Order.

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Notes:

[1] 1998 c.33.back

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ISBN 0 11 018666 4

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