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Statutory Instruments
1991 No. 1717
EXTRADITION
The Nuclear Material (Offences) Act 1983 (Guernsey) Order 1991
Made
24th July 1991
Coming into force
2nd October 1991
At the Court at Buckingham Palace, the 24th day of July 1991
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section 7(2) of the Nuclear Material (Offences) Act 1983(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1. This Order may be cited as the Nuclear Material (Offences) Act 1983 (Guernsey) Order 1991 and shall come into force on 2nd October 1991.
2. Sections 1, 2, 6 and 8 of and the Schedule to the Nuclear Material (Offences) Act 1983(2) shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in the Schedule to this Order.
G. I. de Deney
Clerk of the Privy Council
Article 2
SCHEDULEEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE NUCLEAR MATERIAL (OFFENCES) ACT 1983 TO THE BAILIWICK OF GUERNSEY
1. Any reference to an Act of Parliament, or to a provision thereof, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Bailiwick of Guernsey.
2. Any reference to an enactment of the States of Guernsey shall be construed as including a reference thereto as amended or replaced by or under any other such enactment.
3. For any reference to the United Kingdom, or to a part thereof, there shall be substituted a reference to the Bailiwick of Guernsey, or to a part thereof, as the case may require.
4. In section 1(1), for paragraphs (a) to (d) there shall be substituted the following paragraphs-
"(a)the offence of murder or manslaughter, or
(b)the offence of unlawfully or maliciously wounding or causing grievous bodily harm with intent to do grievous bodily harm or to resist or prevent arrest or of unlawfully or maliciously wounding or inflicting grievous bodily harm, or an offence under section 1 of the Criminal Damage (Bailiwick of Guernsey) Law 1983, or
(c)an offence under section 1, 7, 8, 9 or 10 of the Theft (Bailiwick of Guernsey) Law 1983, or
(d)the offence of fraud or extortion or an offence under section 15 or 23 of the Theft (Bailiwick of Guernsey) Law 1983,".
5. In section 8, subsection (2) shall be omitted.
Explanatory Note
(This note is not part of the Order)
This Order extends to the Bailiwick of Guernsey sections 1, 2, 6 and 8 of and the Schedule to the Nuclear Material (Offences) Act 1983 with the exceptions, adaptations and modifications specified in the Schedule to the Order.
Sections 5 and 7(1) were repealed by and re-enacted in the Extradition Act 1989 (c. 33), as was section 5A (inserted by paragraph 95 of Schedule 15 to the Criminal Justice Act 1988 (c. 33) but not brought into force before its re-enactment in the 1989 Act); section 6 was amended by section 36(9) of the Extradition Act 1989 (definition of "the Convention").