List of UK laws that apply to St Helena, Ascension and Tristan da Cunha
This document lists UK laws said to apply to St Helena, Ascension and Tristan da Cunha, and explains that the lists may not be complete or authoritative.
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List of UK laws that apply to St Helena, Ascension and Tristan da Cunha
AI-assisted research summary: This document lists UK laws said to apply to St Helena, Ascension and Tristan da Cunha, and explains that the lists may not be complete or authoritative.
ST HELENA, ASCENSION AND TRISTAN DA CUNHA REVISED EDITION OF THE LAWS, 2017 LIST OF UK LAWS APPLIED TO ST HELENA, ASCENSION AND TRISTAN DA CUNHA (Annexed to the General Introduction) This is a list of United Kingdom laws that expressly apply to St Helena, Ascension and Tristan da Cunha by their own force, or that have been applied by Order in Council. There are 5 Parts to the list: Part A: UK Acts applied to Overseas Territories, including St Helena, Ascension and Tristan da Cunha Part B: UK Orders and Regulations applied to Overseas Territories, including St Helena, Ascension and Tristan da Cunha Part C: UN Sanctions and Restrictive Measures Orders (Specified Countries) Part D: Civil Aviation and related Acts and Orders Part E: Merchant Shipping and related Acts and Orders All the UK Orders that are expressed to apply to ‘St Helena and Dependencies’ apply also to Ascension and Tristan da Cunha by virtue of the Overseas Territories (Change of Name) Orders 2011(see below). There is also a separate category of UK laws that apply to St Helena by virtue of the English Law (Application) Ordinance, 2005. See that Ordinance for the list and texts. See also the Court judgements on the topic of applied UK laws set out in the Annex to the general Introduction to this website. UK Laws applied to St Helena by virtue of the 2005 Ordinance also apply to Ascension and Tristan da Cunha by virtue of the St Helena Law (Application to Ascension) Ordinance, 1988 and the Application of St Helena Law (Tristan da Cunha) Ordinance, 1988 respectively; see those Ordinances for details. There are also some UK Acts and Orders referred to in St Helena, Ascension and Tristan da Cunha Ordinances, which have the effect given them by the respective Ordinance. Note that any UK law of general application may apply if it is not contrary to a local law, and can be adapted to local conditions. For this reason, the lists may not be complete, and they are not authoritative as there is no definitive list kept by HM Government in the UK and the applicability of some laws may be challenged in court. The texts of English or UK laws that apply to St Helena, Ascension and Tristan da Cunha can be accessed on various websites, including www.legislation.gov.uk. The 2 Orders listed below are named as they appear on that website. The lists include for information some UK laws that apply to some other Overseas Territories but not to St Helena. Parts A, B and C are based on lists prepared by the FCO of the UK Government in early 2017 for the Falkland Islands, supplemented by the United Nations (Sanctions) (Amendment) Order 2000 and the Restrictive Measures (Amendment) (Overseas Territories Order 2012 and Orders applied specifically to St Helena. They are not however definitive and advice should be taken on the current status of UK laws applying to St Helena, Ascension and Tristan da Cunha. PART A UK ACTS APPLIED TO OVERSEAS TERRITORIES, INCLUDING ST HELENA UK Act How applied Administration of Justice Act 1920, Part II See under Reciprocal Enforcement of Judgments Antarctic Act 1994 Antarctic Act 1994 (Overseas Territories) Order 1995 (SI 1995/1030) am’d SI 2015/823, SI 2017/779) Anti-Terrorism, Crime and Security Chemical Weapons (Overseas Act 2001, ss. 50 – 56 Territories) Order 2005 (SI 2005/854) Arbitration (International Investment Arbitration (International Investment Disputes) Act 1966 ss. 1, 2, 3, 4, & 9 Disputes) Act 1966 (Application to the Colonies etc) Order 1967 (SI 1967/159) Armed Forces Act 2006 By its own terms; section 384(2) Arms Control and Disarmament (Privileges Arms Control and Disarmament and Immunities) Act 1988 ss. 1(2) - 1(4) (Privileges and Immunities) Act 1988 (Overseas Territories) Order 1992 (SI 1992/1298) Biological Weapons Act 1974 ss. 1 - 4 Biological Weapons Act 1974 (Overseas Territories) Order 1975 (SI 1975/240) British Law Ascertainment Act 1859 By implication British Nationality Act 1948 By implication ss. 3, 32(3), 33(1), & 34(1) 3 British Nationality Act 1981, except: By its own terms; s. 53(5) s. 39 & Schedule 4, s. 52(7) & Schedule 8, so far as they relate to the Immigration Act 1971; s. 52(8) & Schedule 9, so far as they relate to the Immigration Act 1971 (except Schedule 1) British Overseas Territories Act 2002 By its own terms; s. 8(4) British Settlements Acts 1887 and 1945 By implication Chemical Weapons Act 1996 Chemical Weapons (Overseas Territories) Order 2005 (SI 2005/854) Child Abduction and Custody Act 1985 Not applied to St Helena Citizenship (Armed Forces) Act 2014 By its own terms; s. 2(3) Colonial Affidavits Act 1859, s. 2 By implication Colonial Boundaries Act 1895 St Helena and Dependencies (Territorial Sea) Order 1989 (SI 1989/1994) Colonial Laws Validity Act 1865 By implication Colonial Marriages Act 1865 By implication Colonial Prisoners Removal Act 1869 By implication Colonial Prisoners Removal Act 1884 By implication Colonial Probates Act 1892 Colonial Probates Act Application Order 1965 (SI 1965/1530) Colonial Stock Acts 1877 to 1998 By implication Constitutional Reform Act 2005 By implication (in relation to the Privy Council) Copyright Act 1956, except ss. 32, 34, 35, 42 Copyright (St Helena) Order1963 & 44 and Schedules 4 & 5 (SI 1963/1038) Copyright (Computer Software) Not applied to St Helena Amendment Act 1985 except ss. 4(3), & 5 4 Court of Chancery Act 1851s. 16 By implication Courts (Colonial) Jurisdiction Act 1874 By implication Criminal Evidence (Witness Anonymity) By its own terms; s.15(3) Act 2008 in respect of “service courts provisions” Criminal Justice Act 1988 ss. 134 & 135 Criminal Justice Act 1988 (Torture) (Overseas Territories Order 1988 (SI 1988/2242 am’d SI 1992/1715) Documentary Evidence Act 1868 By its own terms; s. 3 Evidence Act 1851 s. 11 By implication Evidence (Foreign, Dominion and Colonial Evidence (St. Helena) Order 1961 Documents) Act 1933 (SI 1961/2049) Evidence (Proceedings in Other Jurisdictions) Not applied to St Helena. See instead Act 1975 ss. 1 - 3, & 5 - 10, & Schedules 1 & 2 the English Law (Application) Ordinance, 2005 Schedule Export Control Act 2002 By implication Extradition Act 2003 ss. 69 - 112, 114 – 130, Extradition Act 2003 (Overseas 132 - 134, 136 - 140A, 149A, 150, 151A, Territories) Order 2016 (SI 2016/990) 152 - 154, 156 - 164, 166 - 168, 172, 174 - 174D, 180, 181, 186, 187, 189, 194, 196 - 197A, 202, 203, 205 - 206C, 208 - 211, 213, & 214, & Schedule 1 Family Law Act 1986, Part I only Not applied to St Helena. See the Family Law Act 1986 (Dependent Territories) Order 1991 (SI 1991/1723 am’d SI 1994/2800 and SI 2006/1456) Food and Environment Protection Act 1985 Environment Protection (Overseas Parts II and V, & Schedules 2, 3, and 4, Territories) Order 1988 (SI 1988/1084), as modified by SI 1998/1084 am’d SI 1997/1748 and SI 1999/669 Foreign Enlistment Act 1870 sections 3 to 9 By its own terms; s. 2. 5 Foreign Judgments (Reciprocal Enforcement) Reciprocal Enforcement of Judgments Act 1933 (General Application to His Majesty’s Dominions, etc.) Order 1933 (SR&O 1933/1073) Foreign Jurisdiction Act 1890 ss. 4, 6, 9, 13 By implication 16, & 19 Forged Transfers Act 1891 ss. 5 & 6 By implication Fugitive Offenders Act 1967 Fugitive Offenders (St Helena) Order 1968 (SI 1968/184) Geneva Conventions Act 1957 Geneva Conventions (Overseas Territories) Order 2010 (SI 2010/2963) Genocide Act 1969 Not applied to St Helena (See the Genocide Act 1969 (Overseas Territories) Order 1970 (SI 1970/146) Government of India Act 1915 By implication (Replaced the Saint Helena Act 1933) Habeas Corpus Act 1862 By implication Hijacking Act 1971 Hijacking Act 1971 (Overseas Territories) Order 1971 (SI 1971/1739 am’d SI 1973/1893) Intelligence Services Act 1994 ss. 5(1) & 11(1) Intelligence Services Act 1994 (Dependent Territories) Order 1995 (1995/752 am’d SI 1996/2876) International Criminal Court Act 2001 International Criminal Court Act (Overseas Territories) Order 2009 (SI 2009/1738 am’d SI 2010/763) Internationally Protected Persons Act 1978 Internationally Protected Persons ss. 1 - 3 Act 1978 (Overseas Territories) Order 1979 (SI 1979/456) Interpretation Acts 1978 and 1979 By implication Judicial Committee Acts 1833, 1843, By implication 6 1844 and 1915 Landmines Act 1998 Landmines Act 1998 (Overseas Territories) Order 2001 (SI 2001/3499) Maintenance Orders (Reciprocal Enforcement) Reciprocal Enforcement of Act 1972 ss. 5 and 8 to 21 Maintenance Orders (Designation of Reciprocating Countries) Order 1983 (SI 1983/1125) See also the English Law (Application) ordinance, 2005 Schedule Multilateral Investment Guarantee Agency Not applied to St Helena Act 1988 ss. 3 – 6 See the MIGA(Overseas Territories) Order 1988 (SI 1988/791) Nuclear Installations Act 1965 ss. 10 - 17, Nuclear Installations (St. Helena) Orders 21, 26, & 30 1972 and 1983 (SI 1972/128, SI 1983/1892) Official Secrets Acts 1911 and 1920 By implication Perjury Act 1911 s. 1A Not applied to St Helena; see the Evidence (Proceedings in Other Jurisdictions) Act 1975 Policing and Crime Act, 2017 Policing and Crime Act (Financial Sanctions) (Overseas Territories) Order, 2017 (SI 2017/984) Privy Council Registrar Act 1853 By implication Recognition of Trusts Act 1987 Recognition of Trusts Act 1987 (Overseas Territories) Order 1989 (SI 1989/673) Repatriation of Prisoners Act 1984 ss. 1 – 9 Repatriation of Prisoners (Overseas Territories) Order 2017 (SI 2017/983) Saint Helena Act 1833 By implication (mostly repealed by the Government of India Act 1915) Security Service Act 1989 s. 3(1) Security Service Act 1989 (Overseas Territories) Order 1990 (SI 1990/238) 7 Senior Courts Act 1981 ss. 20 - 24 See the Admiralty Jurisdiction (St Helena and its Dependencies) Order 1969 (SI 1969/858) in the Merchant Shipping list State Immunity Act 1978 Not applied to St Helena See the State Immunity (Overseas Territories) Order 1979 (SI 1979/458). But see also the English Law (Application) Ordinance, 2005 Schedule Statutory Declarations Act 1835 ss. 15 & 17 By implication Submarine Telegraph Act 1885 By its own terms; s. 11 Suppression of Terrorism Act 1978 ss. 1 - 5, Suppression of Terrorism Act 1978 8, 9 & Schedule 1 (Overseas Territories) Order 1986 (SI 1986/2019) Taking of Hostages Act 1982 ss. 1 – 4 Taking of Hostages Act 1982 (Overseas Territories) Order 1982 (SI 1982/1540) Territorial Waters Jurisdiction Act 1878 By implication Terrorist Asset-Freezing etc. Act 2010 Part 1 Terrorist Asset-Freezing etc. Act 2010 & Part 1 of Schedule 2 (Overseas Territories) Order (SI 2011/750 am’d SI 2017/157) Tokyo Convention Act 1967 ss. 1, 3 – 7 Tokyo Convention Act 1967 (Overseas & Schedule Territories) Order 1968 (SI 1968/1864) United Nations Act 1946 By implication Visiting Forces (British Commonwealth) Visiting Forces (British Act 1933 ss. 1 - 4 & 8 Commonwealth) (Application to Colonies etc) Order in Council 1940 (SR&O No 1373 of 1940) SH PART B UK ORDERS AND REGULATIONS APPLIED TO OVERSEAS TERRITORIES, INCLUDING ST HELENA UK Order/Regulations How applied 8 Anti-terrorism (Financial and Other Measures) By its own terms; article 2(1) (Overseas Territories) Order 2002 (SI 2002/1822) (Made under the St Helena Act & British Settlements Acts) British Nationality (General) Regulations 2003 By implication (SI 2003/548) (Made under the British Nationality Act 1981) British Nationality (British Overseas Territories) By implication Regulations 2007 (SI 2007/3139) (Made under the British Nationality Act 1981) British Dependent Territories Citizenship By implication (Deprivation) Rules 1982 (SI 1982/989) (Made under the British Nationality Act 1981) British Dependent Territories Citizenship By implication (Designated Service) Order 1982 (SI 1982/1710 am’d SI 2008/1240) (Made under the British Nationality Act 1981) Colonial Prisoners Removal Order 1907 By implication (SR&O No 742 of 1907) Co-operation of Insolvency Courts (Designation By its own terms; article 2 of Relevant Countries and Territories) Order 1986 (SI 1986/2123) (Made under the Insolvency Act 1986) Copyright (International Conventions) Order 1979 By implication (SI 1979/1715) (Made under the Copyright Act 1956) Copyright (International Organisations) Order Not applied to St Helena (SI 1957/1524, am’d SI 1963/1037) (Made under the Insolvency Act 1986) Copyright (Singapore) Order 1987 (SI 1987/940) By implication (Made under the Insolvency Act 1986) Copyright (Taiwan) Order 1985 SI 1985/1777 By the Copyright (Taiwan) 9 (Made under the Insolvency Act 1986) (Extension to Territories) Order 1987 (SI 1987/1826) Co-operation of Insolvency Courts (Designation By its own terms; article 2 of Relevant Countries and Territories) Order 1986 (SI 1986/2123) Customs Duties and Drawbacks (Revenue Duties) By its own terms; article 2 (Overseas Countries and Territories) Order 1975 (SI 1975/1267) (Made under the Finance Act 1973) Design Right (Reciprocal Protection)(No 2) Order By implication 1989 (SI 1989/1294) (To the extent that St Helena is designated under Part III of the Copyright, Designs and Patents Act 1988) (Made under that Act) Emergency Powers (Overseas Territories) Order By its own terms; article 1(2)(a) 2017 (SI 2017/181) (Made under the St Helena Act and the British Settlements Acts, etc.) Environment Protection (Overseas Territories) By its own terms; article 11 Order 1988 (SI 1988/1084 am’d SI 1999/669 and SI 1997/1748) (Made under the Food & Environment Protection Act 1985) Export of Goods, Transfer of Technology and By SI 2004/3101 Provision of Technical Assistance (Control) Order 2003 (SI 2003/2764) (Made under the Export Control Act 2002) Export of Goods, Transfer of Technology and By its own terms; article 2(1) Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 (SI 2004/3101) (as saved by Article 45 of the Export Control Order 2008 (SI 2008/3231) and am’d SI 2009/3212) (Made under the Export Control Act 2002) Immigration (Certificate of Entitlement to Right By implication of abode in the United Kingdom) Regulations 2006 (SI 2006/3145) (Made under the Nationality, Immigration and 10 Asylum Act 2002) International Criminal Tribunal for the former By its own terms; article 1(1)(a) Yugoslavia (Restrictive Measures) (Overseas Territories) Order 2004 (SI 2004/3039) (Made under the St Helena Act 1833 and the British Settlements Acts) Judicial Committee (Appellate Jurisdiction) By implication Rules Order 2009 (SI 2009/224) (Made under the Judicial Committee Acts) Judicial Proceedings in Specified Overseas Not applied to St Helena Territories (Restrictive Measures) Order 2009 (SI 2009/888) National Health Service (Charges to Overseas By its own terms; Schedule 2 Visitors) Regulations 1989 (SI 1989/306) (Made under the National Health Service Act 1977) Order in Council Making Continuing Order By implication Directing that all Appeals to Her Majesty in Council shall be referred to the Judicial Committee 1909 (SR&O No 1228 of 1909) (Made under the Judicial Committee Act, 1844) Overseas Service (Pensions Supplement) By implication 1995 (SI 1995/238) (Made under the Pensions (Increase) Act 1971 Overseas Territories (Change of Name) Orders, Amended orders that apply to St 2011 (SIs 2011 1403 – 1407 and 2974 – 2984) Helena Pet Travel Scheme (Pilot Arrangements) By its own terms; article 2(13) (England) Order 2001 (SI 2001/6) (Made under the Animal Health Act 1981) Reciprocal Enforcement of Judgments (General By its own terms; para. (1) Application to His Majesty’s Dominions, etc) Order 1933 (SR&O 1933/1073) (Made under the Foreign Judgments (Reciprocal Enforcement) Act, 1933) Reciprocal Enforcement of Judgments By its own terms; article 2 (Administration of Justice Act 1920, Part II) (Consolidation) Order 1984 (SI 1984/129) 11 (Made under the Administration of Justice Act 1920) Reciprocal Enforcement of Maintenance Orders By its own terms; article 3 (Designation of Reciprocating Countries) Order 1983 (SI 1983/1125) (Made under the Foreign Judgments (Reciprocal Enforcement) Act, 1933) Restrictive Measures (Amendment) (Overseas Amended Orders that apply to S Territories) Order 2012 (SI 2012/362) Helena (Made under the St Helena Act 1833, the United Nations Act 1946, etc.) St Helena Constitution Order 1988 (SI 1988/1842) St Helena Constitution Order 1989 (SI 1989/155) Both replaced by: St Helena, Ascension and Tristan da Cunha By its terms Constitution Order 2009 (SI 2009/1751) (Made under the Saint Helena Act 1833 and the British Settlements Acts) Text is in the Basic Laws category of Ordinances St Helena Court of Appeal (Appeal to Privy By its terms Council) Order 1964 (SI 1964/1846, am’d SI 1990/991, SI 2009/3204) (Made under the Judicial Committee Act, 1844) Text is in the Courts category of Ordinances St Helena Supreme Court Order 1969 (SI 1969/857 By its terms am’d SI 1975/1211 and SI 1983/1113 (Made under the British Settlements Acts) Suppression of Terrorism Act 1978 (Designation By implication of Countries) Orders 1978 to 1990 (SIs 1978/1245, 1979/49, 1980/357, 1980/1392, 1981/1389, 1981/1507, 1986/271, 1986/1137, 1986/2019, 1987/2137, 1989/2210, 1990/1272) (Made under the Suppression of Terrorism Act 1978) Terrorism (United Nations Measures)(Overseas By its own terms; article 1(4)(a) Territories) Order 2001 (SI 2001/3366) 12 (Made under the United Nations Act, 1946) Tokyo Convention (Certification of Countries) By implication Order 1977 (SI 1977/1258) (Made under the Tokyo Convention Act 1967) Trade in Goods (Control) (Overseas Territories) By its own force; article 2(1) Order 2004 (SI 2004/3102) (Made under the Export Control Act 2002) Trade in Controlled Goods (Embargoed By its own force; article 2(1) Destinations) (Overseas Territories (SI 2004/3103) (Made under the Export Control Act 2002) Treaty on Open Skies (Privileges and Immunities) By its own terms; article 1 (Overseas Territories) Order 1993 (SI 1993/1247) (Made under the Arms Control and Disarmament (Privileges and Immunities) Act 1988 as above United Kingdom Forces (Jurisdiction of Colonial By its own terms; article 2(1) Courts) Order 1965 (SI 1965/1203) (Made under the British Settlements Acts and the Foreign Jurisdiction Act 1890) United Nations Arms Embargoes (Dependent By its own terms; article 1(3) Territories) Order 1995 (SI 1995/1032 am’d SI 1997/272 and SI 1998/3123) (Made under the United Nations Act, 1946) United Nations (International Tribunals)(Former By SI 1997/1753 below Yugoslavia) Order 1996 (SI 1996/716 am’d SI 1997/1753 below) United Nations (International Tribunals)(Rwanda) By SI 1997/1753 below Order 1996 (SI 1996/1296 am’d SI 1997/1753 below United Nations (International Tribunals)(Former By its own terms; article 3 Yugoslavia and Rwanda)(Dependent Territories) Order 1997 (SI 1997/1753) (Made under the United Nations Act, 1946) United Nations (Sanctions) (Amendment) Order Amended orders that apply to 2000 (SI 2000/1106) St Helena (Made under the United Nations Act, 1946) Visiting Forces (British Commonwealth)(Application By its own terms; article 2(1) 13 to the Colonies etc) Order in Council 1940 (SR&O 1373 of 1940) PART C UN SANCTIONS AND RESTRICTIVE MEASURES ORDERS (SPECIFIED COUNTRIES) UK Order How applied Afghanistan (United Nations Measures) By its own terms; article 1(2) (Overseas Territories) Order 2012 (SI 2012/1758) Belarus (Restrictive Measures) (Overseas Territories) By its own terms; article 1(2) Order 2011 (SI 2011/2440 am’d SI 2011/2988) Burma (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2013 (SI 2014/1447) Burundi (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2015 (SI 2015/1898) Central African Republic (Sanctions)(Overseas By its own terms; article 1(3) Territories) Order 2014 (SI 2014/1368 am’d SI 2015/1380) Côte d’Ivoire (Sanctions) (Overseas Territories) By its own terms; article 1(3) Order 2012 (SI 2012/3067) Democratic People’s Republic of Korea (Sanctions) By its own terms; article 1(3) (Overseas Territories) Order 2012 (SI 2012/3066 am’d SI 2013/1718, SI 2013/2599, SI 2016/991, SI 2017/320, SI 2017/780) Democratic Republic of the Congo (Sanctions) By its own terms; article 1(3) (Overseas Territories) Order 2015 (SI 2015/1382 am’d SI 2017/160) Egypt (Restrictive Measures)(Overseas Territories) By its own terms; article 1(2) Order 2011 (SI 2011/1679) Eritrea (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2012 (SI 2012/2751 14 Guinea (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2013 (SI 2013/244) Guinea-Bissau (Sanctions)(Overseas Territories) By its own terms; article 1(3) Order 2012 (SI 2012/3068) Iran (Restrictive Measures) (Overseas Territories) By its own terms; article 1(2) Order 2011 (SI 2011/2989 am’d SI 2012/1389) Iran (Sanctions)(Overseas Territories) Order 2016 By its own terms; article 1(2) (SI 2016/371 am’s SI 2016/1120) Iraq (Sanctions)(Overseas Territories) Order 2015 By its own terms; article 1(3) (SI 2015/1383) ISIL (Da’esh) and Al-Qaida (Sanctions)(Overseas By its own terms; article 1(3) Territories) Order 2016 (SI 2016/1218) Lebanon (United Nations Sanctions)(Overseas By its own terms; article 1(3) Territories) Order 2007 (SI 2007/283, am’d SI 2007/2131 Lebanon and Syria (United Nations Measures) By its own terms; article 1(2) (Overseas Territories) Order 2006 (SI 2006/311) Libya (Restrictive Measures)(Overseas By its own terms; article 1(2) Territories) Order 2011 (SI 2011/1080 am’d SI 2011/2717, SI 2012/356, SI 2013/3160) Libya (United Nations Prohibition of Flights) By its own terms; article 1(3)(a) (Dependent Territories) Order 1992 ( SI 1992/974) Libya (United Nations Sanctions)(Dependent By its own terms; article 1(3)(a) Territories) Order 1992 (SI 1992/976) Russia, Crimea and Sevastopol (Sanctions) By its own terms; article 1(3) (Overseas Territories) Order 2014 (SI 2014/2710 am’d SI 2014/2919, SI 2015/213) Somalia (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2012 (SI 2012/3065 am’d SI 2013/1443) South Sudan (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 15 2014 (SI 2014/2703 am’d SI 2015/1527) Sudan (Sanctions)(Overseas Territories) Order 2014 By its own terms; article 1(3) (SI 2014/2707) Syria (Restrictive Measures) (Overseas Territories) By its own terms; article 1(2) Order 2012 (SI 2012/1755 am’d SI 2012/3069, SI 2013/1719, SI 2013/2598, SI 2014/269, SI 2015/824, SI 2015/1528, SI 2017/169) Tunisia (Restrictive Measures)(Overseas Territories) By its own terms; article 1(2) Order 2011 (SI 2011/748) Ukraine (Sanctions)(Overseas Territories)(No 2) By its own terms; article 1(3) Order 2014 (SI 2014/1100) Ukraine (Sanctions)(Overseas Territories)(No 3) By its own terms; article 1(3) Order 2014 (SI 2014/1098) Yemen (Sanctions)(Overseas Territories)(No 2) By its own terms; article 1(3) Order 2015 (SI 2015/1381) Zimbabwe (Sanctions)(Overseas Territories) Order By its own terms; article 1(3) 2012 (SI 2012/2753, am’d SI 2013/1445, SI 2015/826) PART D CIVIL AVIATION AND RELATED ACTS AND ORDERS Act How applied Aviation and Maritime Security Act 1990 Aviation Security and Piracy (Overseas ss. 1 & 50 Territories) Order 2000 (SI 2000/3059) and am’d 2016/369) Aviation Security Act 1982, Part I, Part II, ss. 37 & 38, & Schedule 1 Carriage by Air Act 1961 ss. 1(1), 2(1), 2(2), Carriage by Air (Overseas Territories) 2(3), 3 - 8, 13, & 14(2), Order 1967 (SI 1967/809) and Carriage and by Air Acts (Application of Carriage by Air (Supplementary Provisions) Provisions) (Overseas Territories) 1962, ss. 1(1), 2(1)(b), 2(2), 3 & 6 Order 1967 (SI 1967/810) Civil Aviation Act 1949 ss. 8 (except 8(4)), 9, Civil Aviation Act 1949 (Overseas 16 11, 13, 14, 27, 38, 40, 41, 51, 53, 57, 58, 59, Territories) Order 1969 (SI 1969/592) 60, 61, 62 & 63 and Civil Aviation Act 1982 (Overseas Territories) Order 2001 (SI 2001/1452) Civil Aviation Act 1982 ss. 61, 75 and 76(1) Civil Aviation Act 1982 (Overseas Territories) Order 2001 (SI 2001/1452) and Civil Aviation Act 1982 (Overseas Territories) (No 2) Order 2001 (SI 2001/3367) Protection of Aircraft Act 1971 Protection of Aircraft Act 1971 (Overseas Territories Order) 1973 (SI 1973/1757) Order Air Navigation (Overseas Territories) By its own terms; article 187 Order 2013 (SI 2013/2870) (Am’d SI 2014/2925, SI 2014/3281, SI 2015/1769) (Made under the Civil Aviation Acts 1949 & 1961) Air Navigation (Overseas Territories) By its own terms; article 26 (Environmental Standards) Order 2014 (SI 2014/2926, am’d SI 2015/236) (Made under the Civil Aviation Acts 1949 & 1961) Carriage by Air (Parties to Convention) Order 1999 By implication (SI 1999/1313) (Made under s. 2(1) of the Carriage by Air Act 1961) St Helena local legislation (see the Aviation Ordinance, 2015 for the texts): Aerodrome Charges Regulations, 2015 L.N 16 of 2015 Issued under Article 158 of the Air Navigation (Overseas Territories) Order 2013 Civil Aviation (Investigation of Air Accidents and Incidents) Regulations, 2016 L.N. 12 of 2016; amended by L.N. 13 of 2016 Issued under section 75 of the Civil Aviation Act 1982 as extended to St Helena by Article 4 of the Civil Aviation Act 1982 (Overseas Territories) Order 2001 and in accordance with Schedule 1 to that Order. Ascension local legislation: Civil Aviation (Investigation of Air Accidents and Incidents) Regulations, 2018 L.N.A1 of 2018 Issued under section 75 of the Civil Aviation Act 1982 as extended to Ascension by Article 4 of the Civil Aviation Act 1982 (Overseas Territories) Order 2001 and in accordance with Schedule 1 to that Order. 17 The text is as set out under the Aviation Ordinance, 2015 (SH) but substituting Ascension for references to St Helena. PART E MERCHANT SHIPPING AND RELATED ACTS AND ORDERS Act How applied Administration of Justice Act, 1956 Admiralty Jurisdiction (St Helena and (Admiralty Jurisdiction)1 its Dependencies) Order 1969 (SI 1969/858) Admiralty Offences (Colonial) Acts 1849 By implication and 1860 Carriage of Goods by Sea Act 1971 Not applied to St Helena; see the Carriage of Goods by Sea (Overseas Territories) Order 1982 (SI 1982/1664) Colonial Courts of Admiralty Act 1890 By implication Dumping at Sea Act 1974 Dumping at Sea (Overseas Territories) Order 1975 (SI 1975/1831 am’d SI 1984/542)2 Maritime Conventions Act 1911 By its own terms; s. 9 Merchant Shipping Act 1894, except By implication ss. 92 - 237, 239 - 266 & Parts IV & VIII Merchant Shipping Act 1906, except ss. 54, By implication 55, & 69 Merchant Shipping Act 1921 By implication Merchant Shipping Act 1965 ss. 1, 7, Merchant Shipping (Tonnage) 8(2) & (4), & Schedules 1 & 2 (Overseas Territories) Order 1971 (SI and 1971/383) am’d by SI 1972/447 Merchant Shipping (Tonnage) Regulations 1 See now sections 20 – 24 of the Senior Courts Act, 1981 2 And see Environment Protection (Overseas Territories) Order 1988 (SI 1988/1084) for deposits in the sea. 18 1982 (SI 1982/841) Merchant Shipping Act 1970 Merchant Shipping (Tonnage) ss. 14, 17, 18, 19(1), 21, 22, 50, 51, (Overseas Territories) Order 52 & Schedules 3, 4, 5 1988 (SI 1988/1085) Merchant Shipping Act 1979 ss. 14, 17, 18 Merchant Shipping Act 1979 (Saint 19(1), 50, 51 and 52 and Schedules 3, 4 Helena) Order 1980 (SI 1980/1517)3 and 5 and Part I of Schedule 7 Merchant Shipping Act 1979 Merchant Shipping Act 1979 (Overseas ss. 21 and 22 Territories) Order 1989 (SI 1989/2400 am’d SI 1993/1786) Merchant Shipping Act 1981 ss. 2, 3, Not applied to St Helena; see the 5 & the Schedule Carriage of Goods by Sea (Overseas Territories) Order 1982 (SI 1982/1664) Merchant Shipping Act 1995 ss. 152 - 170, Merchant Shipping (Salvage 172 – 181, 224, 255(1) and Schedules 5 & 11 Convention) (Overseas Territories) Order 1997 (SI 1997/2586) Merchant Shipping Act, 1995 (remainder) English Law (Application) Ordinance, 2005 Merchant Shipping and Maritime Security Aviation Security and Piracy (Overseas Act 1997 s. 26 & Schedule 5 Territories) Order 2000 (SI 2000/3059) Merchant Shipping (Oil Pollution) Act 1971 Merchant Shipping (Oil Pollution) (St Helena) Order 1998 (SI 1998/1263) Prevention of Oil Pollution Act 1971 ss. 12 - 16, Prevention of Oil Pollution Act 1971 20, 29, 32, & 34 (Overseas Territories) Order 1982 (SI 1982/1668) and Prevention of Oil Pollution (Shipping Casualties) (Overseas Territories) Order 1982 (SI 1982/1669) 3 SI 1981/428 amended the 1980 Order to add section 5(2A) of the Merchant Shipping (Oil Pollution) Act 1971 and section 4(13) of the Merchant Shipping Act 1974 to the jurisdiction of the St Helena Supreme Court. 19 Naval Prize Act 1864 By implication Prize Courts Act 1894 By implication Prize Courts (Procedure) Act 1914 By implication Prize Courts Act 1915 By implication Naval Prize (Procedure) Act 1916 By implication Prize Act 1939 By its own terms; s. 4(1)(d) Prize Salvage Act 1944 By its own terms; s. 2(1)(c) Order How applied St Helena and Dependencies (Territorial Sea) By its own terms4 Order 1989 (SI 1989/1994) Carriage of Goods by Sea (Parties to Not applied to St Helena Convention) Order 1985 (SI 1985/443) Merchant Shipping (Categorisation of Registries By its own terms; article 6 of Relevant British Possessions) Order 2003 (SI 2003/1248) Merchant Shipping (Distress Signals and By SI 1983/762 as below Prevention of Collisions) Regulations 1983 (SI 1983/708) Regulations 1(3), & 1(4)(b) Merchant Shipping (Distress Signals and By its own terms; article 2 Prevention of Collisions)(Overseas Territories) Order 1983 (SI 1983/762 am’d SI 1984/1688) Replaced by: Merchant Shipping (Distress Signals and Not extended to Overseas Territories? Prevention of Collisions) Regulations 1989 (SI 1989/1798) Merchant Shipping (Limitation of Liability Not applied to St Helena for Maritime Claims) (Overseas Territories) Order 1997 (1997/2579) 4 For the text of this Order, see under the Interpretation Ordinance, 1968 20 Merchant Shipping (Prevention of Pollution) By SI 1982/1666 as below (Intervention) Order 1980 (SI 1980/1093 Merchant Shipping (Prevention of Pollution) By its own terms; article 2 (Intervention) (Overseas Territories) Order 1982 (SI 1982/1666) Merchant Shipping (Registration of Colonial By implication Government Ships) Order 1963 (SI 1963/1631) _______________________
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