38(1)The prosecutor shall be treated for the purposes of section 66 of the M1Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in respect of any registered land to which a restraint order or an application for such an order relates.U.K.
(2)On the application of the prosecutor, the Registrar of Titles shall, in respect of any registered land to which a restraint order or an application for such an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.
(3)Subsections (2) and (4) of section 67 of the M2Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made on the application of the prosecutor under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.
(4)In this paragraph—
“registered land” has the meaning assigned to it by section 45(1)(a) of the M3Interpretation Act (Northern Ireland) 1954,
“Registrar of Titles” and “entry” have the same meanings as in the M4Land Registration Act (Northern Ireland) 1970, and
“prosecutor” in a case where a restraint order is made under paragraph 33(2) or an application for such an order is made, means the person who the High Court is satisfied has or will have the conduct of [F1any proceedings for [F2a relevant offence]].
Textual Amendments
F1Words in Sch. 4 para. 38(4) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(6); S.I. 2001/4019, art. 2(1)(c)
F2Sch. 4 para. 38(4): words in definition of "prosecutor" substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(24) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
Modifications etc. (not altering text)
C1Sch. 4 para. 38 applied (13.12.2001) by S.I. 2001/3927, art. 26
Marginal Citations