ANNEX A
Summary of the Draft Visiting Forces and
International Headquarters (Application of Law) Order 1999
ARTICLE 3 - VISITING FORCES AND HEADQUARTERS TO
WHICH THE ORDER APPLIES
1. Article 3 provides for the Order to apply
to:
2. Although all PfP countries are listed at
Part 2 of Schedule 1, the draft Order will only apply to a Partner
country once it becomes a party to the PfP SOFA. At that point
reciprocal benefits will become available to our forces when exercising
in the country concerned; and the benefits of this Order will
automatically extend to their forces in the UK.
ARTICLE 4 - PROVISION OF SUPPLIES
3. Article 4 extends to visiting forces and headquarters
the Government's powers to acquire, produce or process articles
required for the public service. The Article is particularly relevant
to those visiting forces here temporarily (for example, from PfP
countries), who may for convenience prefer us to supply them with
certain items, in the same way as UK forces may be supplied.
ARTICLE 5 - EXERCISE OF POWERS BY THE SECRETARY
OF STATE IN RELATION TO LAND
4. Article 5 and Schedule 3 extends the Government's
powers to acquire, use and dispose of land required for the UK
forces, to include land required for the purposes of visiting
forces and headquarters. It enables the UK to meet certain host
nation responsibilities under the NATO SOFA.
5. The Article is particularly relevant to the
US visiting force on whose behalf MoD manages, and periodically
acquires, land.
ARTICLE 6 - USE OF INTELLECTUAL PROPERTY RIGHTS
6. Article 6 and Schedule 4 enables the UK Government
to use, or authorise the use of, patented inventions and designs
for the purposes of a visiting force and headquarters, in the
same way that such use can be authorised for the services of the
Crown. Any such powers would be exercised by MoD on behalf of
the visiting force or headquarters. The Article does not allow
them to use these powers directly themselves.
ARTICLE 7 - WIRELESS TELEGRAPHY, POSTAL SERVICE,
AND TELECOMMUNICATION SYSTEMS
7. Article 7 enables the UK Government to agree
with a visiting force or headquarters that they may operate radio
and telecommunication equipment without a licence; and send and
convey letters in the UK irrespective of the exclusive privileges
of the Post Office. The UK Government may also agree to exempt
visiting forces and headquarters from certain of the controls
imposed by the Wireless Telegraphy Act 1949 on electro-magnetic
interference.
8. These provisions are important for the day
to day operation of the US visiting force in the UK. They are
also more widely relevant to visiting forces here temporarily,
for example by permitting the operation of radio equipment during
exercises without the need to obtain a licence.
ARTICLE 8 - ROAD VEHICLES
9. Article 8 confers on drivers and vehicles
in the service of a visiting force or headquarters certain exemptions
from Road Traffic legislation that are enjoyed by drivers and
vehicles in the service of the home forces. Similar provisions
were included in the 1965 Order and include, for example, the
regulation of drivers' hours, inspection of vehicles, and the
requirement for compulsory insurance.
10. These concessions to visiting forces are
well established, and ensure that visiting forces and headquarters
vehicles can be operated in the UK under the same conditions as
UK forces' vehicles. Under normal operating conditions regulations
concerning, for example, drivers hours are adhered to as a matter
of policy; and visiting forces are expected to behave similarly.
ARTICLE 9 - ROAD VEHICLES (NORTHERN IRELAND)
11. Article 9 confers similar privileges in Northern
Ireland, as apply in the rest of the UK under the provisions of
Article 8.
ARTICLE 10 - EXEMPTION FROM HARBOUR DUES
12. Article 10 extends to visiting forces, headquarters,
and their vessels any exemptions immunities and privileges that
apply to members of the UK forces and their vessels in respect
of payment of harbour dues etc. However, any agreement made on
behalf of the Crown for UK forces to pay harbour dues etc would
also apply to visiting forces and headquarters.
ARTICLE 11 - TOWN AND COUNTRY PLANNING
13. Article 11 puts visiting forces and headquarters
on the same basis as the Crown in respect of planning legislation.
A similar provision was included in the 1965 Order.
14. In practice, development on land used by
visiting forces or headquarters is dealt with as if it were MoD
land. Although generally exempt from planning legislation, it
is MoD policy to act as if it is bound; notifying the local planning
authority of any proposed development and taking account of their
views. This policy applies equally to land used by visiting forces
and headquarters.
ARTICLE 12 - MISCELLANEOUS EXEMPTIONS, IMMUNITIES,
AND PRIVILEGES
15. Article 12 secures for visiting forces and
headquarters exemptions, immunities and privileges from certain
legislation, as if they were part of the UK forces.
16. UK forces may enjoy exemptions and privileges
from UK legislation as a result of:
(a) The rule of law whereby legislation does not
bind the Crown (Crown privilege) other than by express provision
or necessary implication. Crown (general
Crown privilege); or
(b) Specific provision in respect of the UK forces,
which is contained in particular legislation.
17. Article 12(1) provides for visiting forces
or headquarters to be exempt from the statutes listed in Schedule
5 to the extent that, were they part of the UK forces, they would
be exempt through general Crown privilege.
18. The provisions listed in Schedule 6 confer
specific privileges, exemptions and immunities on members of the
UK armed forces. Article 12(2) modifies these so that they also
apply to visiting forces and headquarters.
ARTICLE 13 - APPLICATION OF FACTORIES ACTS
19. Generally, the 1961 Act binds the Crown,
but powers exist to disapply certain provisions in an emergency.
The effect of Article 13 is to extend these powers to premises
occupied by visiting forces and headquarters. It also ensures
that any factories belonging to a visiting force or headquarters,
or building or engineering work undertaken by them, are not exempt
from the Factories Acts merely because they are not operated as
a trading concern, or for profit.
ARTICLE 14 - NOTIFICATION OF DISEASES
20. Article 14 places an obligation on medical
officers in the service of a visiting force or headquarters to
report to the local authority any notifiable disease or food poisoning,
in the same way as if he was a registered UK medical practitioner
attached to the UK forces.
ARTICLE 15 - APPLICATION OF CLEAN AIR LEGISLATION
21. Article 15 places headquarters on the same
footing as premises occupied by Government, for the purposes of
Clean Air legislation. The Clean Air Act 1993 already makes provision
to treat visiting forces' premises on this basis (but omitted
reference to Headquarters).
22. The Article thus brings headquarters within
the scope of arrangements applying to the Crown and visiting forces,
whereby local authorities report any emission of smoke which appears
to cause a nuisance rather than taking enforcement action themselves.
ARTICLES 16; 17 and 18 - JURISDICTION
23. These Articles supplement the jurisdictional
provisions of the Visiting Forces Act 1952 under which service
authorities of a visiting force and its service courts are entitled
to try their own personnel in the UK under their own service law.
They include:
(a) Article 16 that, together with Schedule 7,
provides for the summoning of witnesses to attend service courts
of visiting forces.
(b) Article 17 that, together with Schedule 8,
allows persons sentenced to imprisonment or detention by service
courts to be detained temporarily in UK establishments.
(c) Article 18 which extends the provision in
the Army Act 1955, under which it is an offence to induce or assist
desertion from any of the regular UK military forces, so that
it also applies to inducing or assisting desertion from a visiting
force.
Ministry of Defence
6 April 1999
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