1. This Order may be cited as the International Criminal Court Act 2001 (Isle of Man) Order 2004 and shall come into force on 1st April 2004.

2. The following provisions of the International Criminal Court Act 2001 shall extend to the Isle of Man —

(a) section 23(5) (extension of powers under United Nations Act 1946( 2 );

(b) section 42(5) (disapplication of certain provisions to person detained in pursuance of ICC sentence);

(c) sections 44 and 45 (transfer of prisoner);

(d) section 70 (amendment of Geneva Conventions Act 1957)( 3 ); and

(e) section 83 and Schedule 10 (repeals), so far as they relate to the Geneva Conventions Act 1957, the Genocide Act 1969( 4 ) and the Geneva Conventions (Amendment) Act 1995( 5 );

subject, in the case of sections 44, 45 and 70, to the modifications set out in the Schedule to this Order.

Article 2

SCHEDULE MODIFICATIONS OF CERTAIN PROVISIONS OF THE 2001 ACT IN THEIR EXTENSION TO THE ISLE OF MAN

1. In section 44 (Transfer to another part of the United Kingdom: transfer of ICC sentence )—

(a) in subsections (1) and (3), for the words “relevant Minister” substitute “Secretary of State”;

(b) in subsection (1), for the words “to another part of the United Kingdom” substitute “from the Isle of Man to any part of the United Kingdom”;

(c) for subsection (2) substitute —

“ (2) No such order shall be made without the agreement of the Department of Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers. ” ; and

(d) omit subsections (4), (5) and (6).

2. In section 45 (Transfer to another part of the United Kingdom: transfer for temporary purposes)—

(a) in subsections (1), (2) and (4), for the words “relevant Minister” substitute “Secretary of State”;

(b) in subsection (1)(a) and (b), for the words “another” substitute “any”;

(c) for subsection (3) substitute —

“ (3) No such order shall be made without the agreement of the Department of Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers. ” ; and

(d) omit subsections (5) and (6).

3. In section 70 (Offences under section 1 of the Geneva Conventions Act 1957)—

(a) In subsection (1)(a), for the word “indictment” substitute “information”;

(b) In subsection (2), in the inserted section 1A (Trial and punishment of offences under s. 1)—

(i) in subsection (2), for the word “indictment” substitute “information”;

(ii) in subsection (3), for paragraphs (a) and (b) substitute “except by or with the consent of Her Majesty’s Attorney General for the Isle of Man”;

(iii) omit subsection (4);

(iv) in subsection (5), for the words “the part of the United Kingdom in which the proceedings are brought” substitute “the Isle of Man”; and

(v) in subsection (6), for the word “imprisonment” substitute “custody”; and

(c) In subsection (3), for the words “commencement of this section” substitute “extension of this section to the Isle of Man”.