Memorandum by the
1999 (S.I. 1999/1743)
1999 (S.I. 1999/1744)
The Joint Committee has
requested a memorandum on the following points in relation to
(1) Identify the Orders
which provide for the provisions of the Geneva Conventions Act
1957 to be extended (subject to any specified exceptions and modifications)
to the Isle of Man and Jersey respectively, and explain why the
relevant Orders were not specified in a footnote in the instruments
1. The Orders are the
Geneva Conventions Act (Isle of Man) Order 1970 (S.I. 1970/1677)
and the Geneva Conventions Act (Jersey) Order 1966 (S.I. 1966/949).
2. These Orders were
not cited in a footnote in the instruments under consideration
because, under existing recommended practice, they are not strictly
relevant in the way that an amendment to a provision cited would
be. However, it is conceded that it would have been helpful to
the reader to refer to the Orders in the Explanatory Note.
(2) Given that the 1995
Amendment Act consists of provisions inserted into the 1957 Act
as provisions of that Act, explain why article 2 and paragraph
1 of the Schedule refer to the provisions being modified as provisions
of the 1995 Amendment Act.
3. Article 2 of each
Order refers to the provisions of the 1995 Amendment Act because
it is those provisions which are being extended to the Isle of
Man and Jersey. The Act, as so extended, then operates to amend
the Geneva Conventions Act 1957, as extended to the Islands by
the Orders cited in paragraph 1 above, in the same way as the
1995 Amendment Act operates on the 1957 Act in the United Kingdom.
Paragraph 1 of the Schedule to each Order reflects this.
(3) In the Schedule identify
the provisions being modified which appear in the 1995 Amendment
4. All of the references
to sections, subsections and paragraphs in the Schedule to each
Order are to provisions of the 1995 Amendment Act. The modifications
made by paragraphs 2, 3(2) and (3), 4 and 5 of the Schedule to
the Isle of Man Order and paragraphs 2(2), 3(1), (2), (3) and
(5), 4, 6 and 7 of the Schedule to the Jersey Order are all in
respect of provisions of the 1995 Amendment Act. In the remaining
paragraphs the words being modified are inlcuded in amendments
made by the 1995 Amendment Act. In the case of provisions such
as paragraph 2(1) of the Schedule to the Jersey Order, it is conceded
tht it would have been preferable to identify the amendments to
the 1957 Act in the way in which paragraph 3(1) of the Schedule
to the Isle of Man Order and paragraph 3(4) of the Schedule to
the Jersey Order do.
20 July 1999