British Islands
{{Short description|Term within the law of the United Kingdom}}
{{About|the term referring to the UK, Channel Islands and Isle of Man collectively|the archipelago|British Isles|a list of islands within the United Kingdom|List of islands of the United Kingdom|other islands under British sovereignty|British Overseas Territories}}
{{Use dmy dates|date=August 2021}}
{{Use British English|date=October 2019}}
{{Infobox islands
|local_name =
|image_name = British Islands.svg
|image_caption = A map showing the areas referred to as the British Islands shaded red
|image_alt = A map of the British Islands
|map_image =
|map_size =
|location = North-western Europe
|waterbody = Atlantic Ocean, North Sea
|area_km2 =
|area_footnotes =
|total_islands = 6,000+
|highest_mount = {{nowrap|Ben Nevis}}{{citation needed|date=December 2021}}
|elevation_m = 1345
|country = Bailiwick of Guernsey
|country_capital_and_largest_city = Saint Peter Port
|country_capital_type = settlement
|country_area_km2 = 78
|country1 = Bailiwick of Jersey
|country1_capital_and_largest_city = Saint Helier
|country1_capital_type = settlement
|country1_area_km2 = 118
|country3 = Isle of Man
|country3_capital_and_largest_city = Douglas
|country3_capital_type = settlement
|country3_area_km2 = 572
|country4 = United Kingdom of Great Britain and Northern Ireland
|country4_capital_and_largest_city = London
|country4_area_km2 = 244111
|population =
|population_as_of =
|population_footnotes =
|density_km2 =
|languages = Auregnais, Cornish, English, French, Guernésiais, Irish, Jèrriais, Manx, Scots, Scottish Gaelic, Sercquiais, Shelta, Ulster-Scots, Welsh
|timezone1 = Greenwich Mean Time / Western European Time
|utc_offset1 = ±0{{!}}UTC
|timezone1_DST = British Summer Time
|utc_offset1_DST = +1
|additional_info = {{Infobox |child=yes |label1 = Drives on the |data1 = left }}
|footnotes = {{Ordered list|list_style_type=lower-alpha|item_style=font-size:90%;
}}
}}
The British Islands{{Cite web|last=Ingram|first=Alex|date=October 12, 2020|title=A Glance at Daily Life Among the Caretakers of Britain's Small Islands|url=https://www.nytimes.com/2020/10/12/travel/britain-island-wardens.html|url-status=live|website=New York Times|archive-url=https://web.archive.org/web/20201012090803/https://www.nytimes.com/2020/10/12/travel/britain-island-wardens.html |archive-date=12 October 2020 }} is a term within the law of the United Kingdom which refers collectively to the following four polities:
- the United Kingdom of Great Britain and Northern Ireland;
- the Bailiwick of Guernsey (including the jurisdictions of Alderney, Guernsey and Sark);
- the Bailiwick of Jersey;
- the Isle of Man.{{Cite web|title=British Islands Bats|url=https://www.bats.org.uk/resources/accessing-journal-papers/british-islands-bats|url-status=live|website=Bat Conservation Trust|archive-url=https://web.archive.org/web/20201121120302/https://www.bats.org.uk/resources/accessing-journal-papers/british-islands-bats |archive-date=21 November 2020 }}
The Isle of Man and the Bailiwicks of Guernsey and Jersey are Crown Dependencies and are not a part of the United Kingdom. The Parliament of the United Kingdom on occasions introduces legislation that is extended to the islands, normally by the use of Orders in Council. For this reason it has been found useful to have a collective term for the combined territories. A statutory definition can be found in Schedule 1 of the Interpretation Act 1978.{{Cite book|last=Everett-Heath|first=John|date=2020|title=British Islands|url=https://www.oxfordreference.com/view/10.1093/acref/9780191905636.001.0001/acref-9780191905636-e-10647?rskey=KakiNE&result=1|url-status=live|publisher=Oxford University Press|isbn=978-0-19-190563-6|archive-url=https://web.archive.org/web/20211218152645/https://www.oxfordreference.com/view/10.1093/acref/9780191905636.001.0001/acref-9780191905636-e-10647?rskey=KakiNE&result=1 |archive-date=18 December 2021 }}
The term The United Kingdom and the Islands is used in the Immigration Act 1971.{{Cite web|date=1998|title=Opinion of Mr Advocate General La Pergola delivered on 23 September 1997. - Rui Alberto Pereira Roque v His Excellency the Lieutenant Governor of Jersey. - Reference for a preliminary ruling: Royal Court of Jersey. - Freedom of movement for persons - 1972 Act of Accession - Protocol No 3 on the Channel Islands and the Isle of Man - Jersey. - Case C-171/96.|url=https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:61996CC0171&from=EL|url-status=live|website=General Court (European Union)|archive-url=https://web.archive.org/web/20211218155555/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:61996CC0171&from=EL |archive-date=18 December 2021 }}
Statutory definition
Section 5 of the Interpretation Act 1978 provides that "in any Act, unless the contrary intention appears" the expression "British Islands" is to be construed according to Schedule 1 of that Act, which contains the following paragraph:
{{quote|text="British Islands" means the United Kingdom, the Channel Islands and the Isle of Man.}}
Subject to paragraph 4(2) of Schedule 2, that paragraph of Schedule 1 applies, so far as applicable, to Acts passed after the year 1889.The Interpretation Act 1978, Schedule 2, paragraph 4(1)
Paragraph 4(2) provides:
{{quote|text = The definition of "British Islands", in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.}}
The Irish Free State was established on 6 December 1922 and the Interpretation Act 1978 came into force on 1 January 1979.
The Interpretation Act 1978 applies to itself and to any act passed after the commencement of that act and, to the extent specified in part I of schedule 2, to acts passed before the commencement of that act.The Interpretation Act 1978, section 22(1)
This definition of "British Islands" does not include the British Overseas Territories.Ian Hendry and Susan Dickson. British Overseas Territories Law. Second Edition. Hart Publishing. 2018. [https://books.google.com/books?id=CoNeDwAAQBAJ&pg=PA6 Page 6].
=History=
The expression "British Islands" was formerly defined by section 18(1) of the Interpretation Act 1889 as meaning the then United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man.For a printed copy, see The Public General Acts [52 & 53 Vict], HMSO, [https://books.google.com/books?id=lcCuAAAAMAAJ&pg=RA1-PP4 p 336]. This definition applied to the Interpretation Act 1889 itself, and to every act passed after the commencement of that act on 1 January 1890.The Interpretation Act 1889, sections 18 and 42
Section 19 of the Lloyd's Signal Stations Act 1888 contained a definition of "British Islands".For a printed copy, see The Law Reports, Public General Statutes, 1888.
[https://books.google.com/books?id=OEIwAQAAMAAJ&pg=PA185 p 185]. The Lloyd's Signal Stations Act 1888 was repealed by the Lloyd's Act 1982.
The Irish Free State left the United Kingdom on 6 December 1922 (although the latter's full name was not changed to "United Kingdom of Great Britain and Northern Ireland" until the Royal and Parliamentary Titles Act 1927). On 27 March 1923 an Order in Council was made changing the default statutory interpretation of various expressions, including "British Islands", "United Kingdom", and "Ireland"; they would be interpreted within the British Islands as excluding the Irish Free State, but interpreted elsewhere in the British Empire as including the Irish Free State.[https://books.google.ie/books?id=pB0vAAAAIAAJ&pg=PA400 Irish Free State (Consequential adaptation of Enactments) Order, 1923] {{bracket|S. R. & O. 1923 No. 400}}]
==Colonial statutes==
Section 5(2) of the Interpretation Ordinance, 1891 of British Guiana contained a definition of "British Islands".For a printed copy, see The Laws of British Guiana, vol 3, OUP, 1895, [https://books.google.com/books?id=ETdFAAAAYAAJ&pg=PA738 p 738].
Section 2 of the Interpretation Ordinance (c 2) (1953) of British Honduras contained a definition of "British Islands".For a printed copy, see Henriques. The Laws of British Honduras in force on the 15th Day of September, 1958. 1960. vol 1. p 11.
Section 28(ii) of the Interpretation and Common Form Ordinance, 1903 of the Seychelles contained a definition of "British Islands".Rind, The Laws of Seychelles Revised, 1907, vol 3, [https://books.google.com/books?id=DYdDAQAAMAAJ&pg=PA1529 p 1529].
Law
Section 13(3)Statutory Rules and Orders . . . 1897. [https://books.google.com/books?id=2zI0AQAAMAAJ&pg=PA552 p 552]. of the Foreign and Colonial Parcel Post Warrant 1897 (SR&O 1897/721) and section 6(2)The Statutory Rules and Orders of a Public and General character issued during 1908, [https://books.google.com/books?id=puEuAAAAIAAJ&pg=PA717 p 717]. of the Foreign and Colonial Post (Insured Boxes) Warrant 1908 (SR&O 1908/1313) refer to "the law of the British Islands".
Inland
=Inland postal packets=
Section 62(16)Statutory Rules and Orders . . . 1936. HMSO. 1937. vol 2. [https://books.google.com/books?id=8OIuAAAAIAAJ&pg=PA2075 p 2075]. of the Inland Post Warrant 1936 (SR&O 1936/618) defined the expression "Inland" in terms of the British Islands.
=Inland bills=
The definition of "inland bill" in section 4(1) of the Bills of Exchange Act 1882 refers to the British Islands.
Defence
Section 26(1)(a) of the Freedom of Information Act 2000 states:{{cite book |first1=John |last1=Wadham |first2=Kelly |last2=Harris |first3=George |last3=Peretz |title=Blackstone's Guide to the Freedom of Information Act 2000 |edition=4th |publisher=Oxford University Press |year=2011 |url=https://books.google.com/books?id=HrBQS8Wb3CgC&pg=PA119 |page=119|isbn=978-0-19-969221-7 }}{{cite book |first=Philip |last=Coppel |title=Information Rights: Law and Practice |edition=4th |publisher=Hart |year=2014 |at=Paras 17-072 & 17-075 at pp. 641, https://books.google.com/books?id=99SdBQAAQBAJ&pg=PA642 642], [https://books.google.com/books?id=99SdBQAAQBAJ&pg=PA644 644] et seq.}}{{Cite legislation UK |type=act |act=Freedom of Information Act 2000 |year=2000 |chapter=36 |section=26 |mode=cs1}}
{{Quote|text=Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the defence of the British Islands.}}
Fisheries
The exclusive fishery limits of the British Islands were defined by section 28 of the Sea Fisheries Act 1883. This definition was repealed by Schedule 2 to the Fishery Limits Act 1964.
The fishery limits of the British Islands were defined by section 1(1) of the Fishery Limits Act 1964. This provision was repealed by the Fishery Limits Act 1976.
Extradition
Francis Taylor Piggott said the effect of section 37 of the Fugitive Offenders Act 1881 was to make of the British Islands one coherent whole for the purposes of that Act.{{cite book |first=Francis Taylor |last=Piggott |author-link=Francis Taylor Piggott |url=https://books.google.com/books?id=JBUKAAAAMAAJ |title=Extradition: A Treatise on the Law Relating to Fugitive Offenders |publisher=Butterworth & Co. |location=London |year=1910 |page=277}} That Act was repealed by Schedule 2 to the Fugitive Offenders Act 1967.
Passports
The expression "British Islands" has been included on the covers of passports of the Isle of Man, passports of Guernsey and passports of Jersey.Treaty Series. United Nations. 2000. Volume 1648. Pages
[https://books.google.com/books?id=dErCDwAAQBAJ&pg=PA382 382] and 386. House of Commons Justice Committee. Crown Dependencies. Session 2009 to 2010. Eighth Report. (HC 56). Volume 2. [https://books.google.com/books?id=cpZeudClZlYC&pg=PA36 Ev 36], para 22. [https://www.bbc.co.uk/news/world-europe-jersey-24895684 Jersey and Guernsey passports to be printed in the UK]. BBC News. 11 November 2013. [https://www.bbc.co.uk/news/world-europe-isle-of-man-11111326 Manx passport change 'two years away']. BBC News. 27 August 2010.
See also
Notes
{{reflist}}
References
- Stroud's Judicial Dictionary.
- Frederick Stroud. "British Islands". The Judicial Dictionary. First Edition. 1890. p 90: [https://books.google.com/books?id=W04WAAAAYAAJ&pg=PA90] [https://books.google.com/books?id=MwUyAAAAIAAJ&pg=PA90]. See also "Inland" at p 391.
- John B Saunders (ed). "British Islands". Words and Phrases Legally Defined. Second Edition. Butterworths. 1969. [https://books.google.com/books?id=MSVLAQAAIAAJ Volume 1]. Page 187. See also pages 8 and 278.
- Words and Phrases Legally Defined. Fourth Edition. 2007. [https://books.google.com/books?id=1iFLAQAAIAAJ Volume 1]. Pages 7, 84, 192 and 280.
- Kenneth Roberts-Wray. [https://books.google.com/books?id=2WOuAAAAIAAJ Commonwealth and Colonial Law]. Frederick A Praeger. 1966. Pages 31, 33 to 37, 40, 72, 363, 428, 533, 663 et seq.
- Hilaire Barnett. Constitutional & Administrative Law. Fourth Edition. Cavendish Publishing Limited. 2002. Pages [https://books.google.com/books?id=O5pE0eaboeoC&pg=PA64 64] to 66. Tenth Edition. Routledge. 2013. Pages [https://books.google.com/books?id=tzScBQAAQBAJ&pg=PA16 16] to 18. See also page 531.
- A W Bradley and K D Ewing. Constitutional and Administrative Law. Fourteenth Edition. Pearson Education Limited. (Pearson Longman). 2007. [https://books.google.com/books?id=HT_GS2zgN5QC&pg=PA35 Page 35].
- Knapp (ed). "The British Islands". International Enclopedia of Comparative Law. Mouton. The Hague. Mohr. Tubingen. 1976. Volume 1. National Reports: U. Appendix. [https://books.google.com/books?id=qdFGLppsxcEC&pg=PA103 Page U-103] et seq.
- Kenneth R Simmonds, "The British Islands and the Community: I–Jersey" (1969) [https://books.google.com/books?id=CQ0tAAAAIAAJ 6] Common Market Law Review 156
- Kenneth R Simmonds, "The British Islands and the Community: II—The Isle of Man" (1970) [https://books.google.com/books?id=pw0tAAAAIAAJ 7] Common Market Law Review 454
- Kenneth R Simmonds, "The British Islands and the Community: III Guernsey" (1971) [https://books.google.com/books?id=cw4tAAAAIAAJ 8] Common Market Law Review 475
- Tony Wright (ed). The British Political Process: An Introduction. Routledge. London and New York. 2000. Page 19: [https://books.google.com/books?id=qFiIAgAAQBAJ&pg=PA19] [https://books.google.com/books?id=dOFbL_femWgC&pg=PA19].
- Paul Rylance. Writing and Drafting in Legal Practice. Oxford University Press. 2012. Paragraph 28.4.2 at [https://books.google.com/books?id=rURSc1wlt8sC&pg=PA243 page 243].
- Burnand, Burnett Hall, Boland and Watts (eds). The Annual Practice 1949. (66th Annual Issue). Sweet & Maxwell. Stevens and Sons. Butterworth & Co. London. Volume 2. Page 3214.
External links
- {{UK-LEG|path=/ukpga/1978/30|Interpretation Act 1978}}
- [https://web.archive.org/web/20070927132850/http://www.margaret-marks.com/Transblawg/archives/Intact78.PDF Interpretation Act, 1978] (unofficial text)
{{portalbar|United Kingdom}}
Category:1889 establishments in the United Kingdom