Antarctic Treaty Act 1967

7 Further powers exercisable by Order in Council.U.K.

(1)Her Majesty may by Order in Council certify who are the Contracting Parties.

(2)Her Majesty may by Order in Council—

(a)designate as a specially protected species any species of mammal or bird which is for the time being specified in Annex A to the Agreed Measures or which has been recommended for inclusion in that Annex in pursuance of Article IX(1) of the Treaty;

(b)designate (whether by reference to a map or otherwise) as a specially protected area any area which is for the time being specified in Annex B to the Agreed Measures or which has been recommended for inclusion in that Annex in pursuance of Article IX(1) of the Treaty.

(3)Her Majesty may by Order in Council direct that sections 1 to 4 of this Act, in so far as they relate to killing, injuring, molesting or taking native mammals or native birds, shall have effect as if Antarctica included the whole of the high seas south of the sixtieth parallel of south latitude.

(4)In so far as it appears to Her Majesty to be expedient to do so for giving effect to any recommendations made in accordance with Article IX(1) of the Treaty, or to any special arrangements made with any other Contracting Party, Her Majesty may by Order in Council direct that, subject to such exceptions and modifications as may be specified in the Order, such provisions of this Act as are so specified shall have effect in accordance with any one or more of paragraphs (a) to (c) of this subsection, that is to say—

(a)as if references to persons to whom section 1 of this Act applies included references to persons who (not being persons to whom that section applies) fulfil such conditions as to nationality as are specified in the Order;

(b)as if, in any provision of this Act specified in the Order, references to persons of any description specified in that provision included references to persons (not falling within that description) who are for the time being members of any expedition organised in or proceeding from the United Kingdom or any other territory to which that provision extends;

(c)as if, in any provision of this Act specified in the Order, references to British ships registered in the United Kingdom included references to British ships registered in any other territory so specified which is a territory to which that provision extends,

or may by Order in Council direct that, subject to such exceptions and modifications as may be specified in the Order, section 5 of this Act shall have effect as if, for the words from “who has been designated” to “member of such a staff”, there were substituted such other words as may be so specified.

(5)Her Majesty may by Order in Council make provision for any of the following matters, that is to say—

(a)the arrest in any part of Antarctica of any person suspected of committing an offence under any provision of this Act which is punishable by imprisonment;

(b)the conveyance in custody of any person so arrested to any place where, by virtue of this Act, he can be tried for that offence;

(c)the seizure and detention of any article which may be evidence of an offence under any provision of this Act and the conveyance of any such article to any place where, by virtue of this Act, a person charged with that offence can be tried;

(d)securing the attendance, before any court by which a person can be tried for an offence under any provision of this Act, of any person required to give evidence or produce documents in proceedings relating to that offence.

(6)In the last preceding subsection any reference to this Act includes a reference to any Order in Council made under section 6 of this Act.

(7)Any Order in Council made under any of subsections (2) to (5) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.