The Iraq (United Nations) (Sequestration of Assets) (Guernsey) Order 1993

Procedure following Hearings and Assessments

14.—(1) If, following the receipt by the Attorney General from the Commission of the evidence and assessment referred to in articles 6(3) and 8(4), the Attorney General—

(a) differs from the Commission on any matter of fact mentioned in, or appearing to him to be material to, an assessment made by the Commission, or

(b) takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with an assessment made by the Commission, he shall not reach a decision which is at variance with that assessment without first notifying the persons who made written representations or who appeared at a hearing following the giving of notice under article 6(1) or 8(1) of his disagreement and the reasons for it, and affording to them an opportunity of making written representations to the Attorney General within 21 days beginning on the date of the notification, or (if the Attorney General has taken into considereation any new evidence or new matter of fact) of asking within that period for a hearing or a further hearing, as the case may be, to be held.

(2) The Attorney General shall require the Commission to cause a hearing or a further hearing to be held where the Attorney General has taken into consideration any new evidence or new matter of fact and is for that reason disposed to disagree with an assessment made by the Commission if so asked by a person who made written representations or who appeared at a hearing as described in paragraph (1) above; and where a hearing or a further hearing is held the Attorney General shall require the Commission to send to such persons a written statement of the matters with respect to which further evidence is invited.

(3) Where a hearing has been held following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1), the Attorney General may, if he thinks fit, cause or require a further hearing to be held to afford an opportunity for persons to be heard on such matters relating to the subject matter of the hearing as he may specify.

(4) Where a further hearing is held under paragraph (3) above, the Attorney General shall send, or in the case of a hearing held by the Commission, the Attorney General shall require the Commission to send, to the persons who made written representations or appeared at the previous hearing following the giving of notice as described in paragraph (3) above a written statement of the specified matters.

(5) Where a further hearing is held under paragraph (2) or (3) above, articles 6(3), 8(4), 11, 12 and 13 shall apply as if the references to a hearing were references to a further hearing.