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SCHEDULE 2MODIFICATIONS OF PART VI OF THE CRIMINAL JUSTICE ACT 1988

1.  For section 71 there shall be substituted the following section:

71.    External confiscation orders

(1) An order made by a court in a designated country for the purpose–

(a)of recovering–

(i)property obtained as a result of or in connection with conduct to which this Part of this Act applies; or

(ii)the value of property so obtained; or

(b)of depriving a person of a pecuniary advantage so obtained,

is referred to in this Part of this Act as an “external confiscation order”, and “a designated country” means a country or territory designated under article 3(1) of the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991.

(2) Section 97 below shall have effect with respect to the registration of external confiscation orders.

(3) In subsection (1) above the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described.

(4) Where a person derives a pecuniary advantage as a result of or in connection with conduct to which this Part of this Act applies, he is to be treated for the purposes of this Part of this Act as if he had obtained as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.