Overseas Territories Citation and commencement 1 1 This Order may be cited as the Policing and Crime Act (Financial Sanctions) (Overseas Territories) Order 2017. 2 Articles 1 to 6 of this Order come into force on 2nd November 2017. 3 Articles 7 to 14 of this Order come into force on the day that regulations made under section 152(1) first come into force. Extent 2 1 This Order extends to the territories listed in the Schedule to this Order (“the territories”). 2 In the application of this Order to any of the territories, the expression “the Territory” in this Order means that territory. Interpretation 3 1 In this Order— “the Act” means the Policing and Crime Act 2017; “aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter; “Governor” means the Governor or other officer administering the Government of the Territory; “ship” includes every description of vessel used in navigation; “Temporary Regulations” means any regulations made under section 152(1) which extend to the territories by virtue of Article 7; “the territories” has the meaning given in article 2 (1); “the Territory” has the meaning given in article 2(2) . 2 In this Order, any reference to a numbered section is to that section of the Act. Interpretation provisions of the Act 4 Section 143 (Interpretation) extends to the territories. Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations 5 The following extend to the territories— a the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 , as amended from time to time, and b any other regulations made under section 154, as those regulations are amended from time to time. Implementation of UN financial sanctions Resolutions: temporary listing 6 Section 155 extends to the territories. Implementation of UN financial sanctions Resolutions: temporary regulations 7 Any regulations made under section 152(1), as those regulations are amended from time to time, extend to the territories with the modifications set out in articles 8 to 14 . Temporary Regulations: application 8 In any Temporary Regulations, any provision about application is to be read as if the Temporary Regulations apply within the Territory and to any prohibited conduct committed wholly or partly outside the Territory by— a any person who is— i ordinarily resident in the Territory and is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person , or ii a body incorporated or constituted under the law of the Territory, and b any person onboard a ship or aircraft that is registered in the Territory. Temporary Regulations: expiry 9 1 Subject to paragraph (3), in any Temporary Regulations, any provision about the expiry of those Regulations is to be read as if the Temporary Regulations cease to have effect in the Territory on the earlier of— a the day on which an Order in Council (other than this Order) implementing the relevant UN financial sanctions Resolution enters into force in the Territory, and b the day that falls 120 days after the day on which the relevant UN financial sanctions Resolution is adopted. 2 For the purpose of paragraph (1), a reference to the relevant UN financial sanctions Resolution in relation to Temporary Regulations is a reference to the UN financial sanctions Resolution that is implemented by those Temporary Regulations. 3 Where any Temporary Regulations implement more than one UN financial sanctions Resolution, and make provision for different dates or times for the expiry of different regulations within those Temporary Regulations, such provision is to be read as if each regulation of the Temporary Regulations ceases to have effect in the Territory on the earlier of— a the day on which an Order in Council implementing the UN financial sanctions Resolution to which that regulation relates enters into force in the Territory, and b the day that falls 120 days after the day on which the UN financial sanctions Resolution to which that regulation relates is adopted. Temporary Regulations: general modifications 10 1 Any Temporary Regulations are to be read as if any reference contained in them to— a the Treasury is a reference to the Governor, except in relation to any notification to a Committee of the Security Council of the United Nations; b payments due under judicial, administrative or arbitral decisions rendered in the United Kingdom or enforceable in the United Kingdom is a reference to payments due under such decisions rendered in the Territory or enforceable in the Territory; c the High Court or, in Scotland, the Court of Session, or to an appropriate court in the United Kingdom, is in each case a reference to any appropriate court with jurisdiction in the Territory; d a relevant institution is a reference to— i any person who may lawfully accept deposits in or from within the Territory by way of business, ii any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members, or iii any undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers. 2 For the purpose of the definition of “relevant institution” in paragraph (1)(d)— a the activity of accepting deposits has the meaning given by section 22 of the Financial Services and Markets Act 2000 , taken with Schedule 2 to that Act and any relevant order made under section 22 of that Act ; and b a person is not regarded as accepting deposits by way of business if— i the person does not hold themselves out as accepting deposits on a day to day basis, and ii any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities. 3 In determining for the purposes of paragraph (2)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other. Temporary Regulations: functions of the Governor 11 Where by virtue of article 10(1) (a) any provision of Temporary Regulations confers a power on the Governor, in relation to any function of granting, varying or revoking a licence to do something that would otherwise be prohibited by the Temporary Regulations, the Governor may not exercise that function without the consent of the Secretary of State in each case. Temporary Regulations: offences and proceedings 12 1 Any Temporary Regulations are to be read as if any reference contained in them to— a an offence is a reference to an offence under the law of the Territory; b an offence committed wholly or partly outside the United Kingdom is a reference to an offence committed wholly or partly outside the Territory. 2 Where Temporary Regulations apply to a person only by virtue of this Order, that person is not guilty of an offence under those Temporary Regulations in respect of anything done by the person— a outside the Territory, and b under the authority of a licence granted in accordance with any provisions of the law in force in the place where it is done corresponding with the provisions of the Temporary Regulations. 3 Any provision in Temporary Regulations as to the period in which proceedings may be tried, commenced or instituted is to be read as if summary proceedings for an offence alleged to have been committed outside the Territory may be instituted within the period of 12 months beginning with the date on which the person charged first enters the Territory after committing the alleged offence. Temporary Regulations: penalties 13 1 In any of the territories other than those listed in paragraph (2), any provision in Temporary Regulations as to the maximum penalty on summary conviction is to be read as if a person guilty of an offence under any Temporary Regulations is liable on summary conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent, or both. 2 Any provision in Temporary Regulations as to the penalty for conviction in relation to an offence under those Regulations applies as follows to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Falkland Islands, South Georgia and the South Sandwich Islands, and St Helena, Ascension and Tristan de Cunha— a in relation to any offence for which a penalty on conviction on indictment is specified in the Temporary Regulations, the maximum penalty is imprisonment for a term not exceeding 7 years, or a fine, or both; b in relation to any offence for which only a penalty on summary conviction is specified in the Temporary Regulations, the maximum penalty is imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent, or both. Temporary Regulations: monetary penalties 14 1 Where by virtue of article 10(1) (a) any provision of Temporary Regulations confers on the Governor a power to impose a monetary penalty, the following applies— a the person on whom the penalty is imposed is not entitled to seek a review by a Minister of the Crown or to appeal to the Upper Tribunal, b the person may appeal (on any ground) to an appropriate court in the Territory, and c on such an appeal the appropriate court may— i quash the Governor’s decision to impose the penalty; ii uphold the Governor’s decision but substitute a different amount for the amount determined by the Governor; or iii uphold the Governor’s decision to impose the penalty and its amount. 2 Where by virtue of article 10(1)(a) the Governor receives a monetary penalty, it is to be paid into the Consolidated Fund for the Territory or, where no such fund exists, into an equivalent public fund. Richard Tilbrook Clerk of the Privy Council