Prevention of Terrorism (Temporary Provisions) Act 1989

Interpretation of Part IV

35 (1) In this Part of this Schedule—

• “the 1986 Act” means the [1986 c. 45.] Insolvency Act 1986;

• “ancillary order” means any order made in connection with the forfeiture in question, other than the forfeiture order;

• “forfeiture or restraint order” means a forfeiture or restraint order, as the case may be, of any of the descriptions referred to in Parts I to III of this Schedule;

• “insolvency practitioner”, except in paragraph 33 above, means a person acting in any qualifying insolvency proceedings in any part of the United Kingdom as—

  (a)

  a liquidator of a company or partnership;

  (b)

  a trustee in bankruptcy;

  (c)

  an interim or permanent trustee in sequestration;

  (d)

  an administrator of the insolvent estate of a deceased person;

  (e)

  a receiver or manager of any property;

• “qualifying insolvency proceedings” means—

  (a)

  any proceedings under the [S.I. 1986/1032 (N.I.6).] 1986 Act or the Companies (Northern Ireland) Order 1986 for the winding up of a company or an unregistered company and includes any voluntary winding up of a company under Part IV of that Act or Part XX of that Order;

  (b)

  any proceedings in England and Wales under or by virtue of section 420 of the 1986 Act for the winding up of an insolvent partnership;

  (c)

  any proceedings in bankruptcy or, in Scotland, any sequestration proceedings;

  (d)

  any proceedings in England and Wales under or by virtue of section 421 of the 1986 Act in relation to the insolvent estate of a deceased person;

• “the relevant officer” means—

  (a)

  in Scotland—

  (i)

  where the forfeiture order in question is made by a court in Scotland, the clerk of that court;

  (ii)

  in any other case, the Principal Clerk of Session and Justiciary;

  (b)

  in any other part of the United Kingdom—

  (i)

  where the forfeiture order in question is made by a court in that part, the proper officer within the meaning of paragraph 1 or, as the case may be, paragraph 21 above;

  (ii)

  in any other case, the appropriate officer of the High Court.

(2) Any reference in this Part of this Schedule to the proceeds of the sale or realisation of any property are references to those proceeds after deduction of the costs of sale or realisation.