The Criminal Justice (Confiscation)(Northern Ireland) Order 1990

SCHEDULES

Article 4.

SCHEDULE 1 CONFISCATION ORDERS

PART I OFFENCES IN RESPECT OF WHICH A COURT OF SUMMARY JURISDICTION MAY MAKE CONFISCATION ORDERS

Enactment	Description of offence
VIDEO RECORDINGS ACT1984 (c. 39)
Section 9	Supplying video recording of unclassified work.
Section 10	Possession of video recording of unclassified work for the purposes of supply.
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) 1985 (NI 15)
Schedule 2 paragraphs 20 and 21	Offences relating to sex establishments

PART II ORDERS VARYING LIST OF OFFENCES

1.  The Secretary of State may by order amend Part I by removing any offence from or adding any offence to the offences listed in it.

2.  An order under paragraph 1 shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36] Statutory Instruments Act 1946 shall apply accordingly.

Article 38(1).

SCHEDULE 2 AMENDMENTS

The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27)

1.  In Article 3(2)(a) (failure to pay fines, etc., not to prevent person becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.

The Bankruptcy Amendment (Northern Ireland) Order 1980 (NI 4)

2.  Article 31 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under paragraph (1)(a) of that Article.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

3.  In Article 2(5) (interpretation of “sum adjudged to be paid by a conviction”) for “or compensation” substitute “, compensation or other sums”.

The Criminal Justice Act 1988 (c. 33)

4.  For section 152(4) (remands of suspected drug offenders to customs detention) substitute—

“(4) In the application of this section to Northern Ireland, “drug trafficking offence” means a drug trafficking offence as defined by Article 2(2) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (other than offences under Article 29 of that Order (assisting another to retain the benefit of drug trafficking)).”.

The Extradition Act 1989 (c. 33)

5.  At the end of section 22(4)(h) (extradition offences under Conventions) there shall be inserted—

“and

(iii) any drug trafficking offence within the meaning of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990;”.

6.  In paragraph 15 of Schedule 1 (extradition offences treated as within jurisdiction of foreign states) after paragraph (k) insert—

“or

(l) a drug trafficking offence within the meaning of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990;”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

7.  Article 255 (discharge of bankrupt not to release him from liabilities in respect of fines, etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

8.  In section 24(2) (interpretation of Part II) at the end insert “and, in section 22(1),” drug trafficking offences “includes drug trafficking offences within the meaning of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990”.

9.  In section 29(1) (interpretation of Part III)—

(a) in the definition of “drug trafficking” at the end add “or, as respects Northern Ireland, in the Criminal Justice (Confiscation) (Northern Ireland) Order 1990”;

(b) in the definition of “the proceeds of drug trafficking” after “1987” insert “or in the said Order of 1990”.

Article 38(2).

SCHEDULE 3 TRANSITIONAL PROVISIONS AND SAVINGS

1.  In the case of a confiscation order made before the coming into operation of the [1989 NI 19] Insolvency (Northern Ireland) Order 1989, Article 3(9) shall have effect as if for paragraph (b) there were substituted—

“(b) pay any sum which, if the defendant had been adjudged bankrupt or was being wound up, would be among the preferential debts.”;

and in that paragraph “the preferential debts” —

(a) in relation to bankruptcy, means the debts to be paid in priority under Article 19 of the [1980 NI 4] Bankruptcy Amendment (Northern Ireland) Order 1980 (assuming the date of the confiscation order to be the date of the order of adjudication); and

(b) in relation to winding up, means the preferential debts listed in Schedule 18 to the [1986 NI 6] Companies (Northern Ireland) Order 1986 (assuming the date of the confiscation order to be the relevant date for the purpose of that Schedule).

2.  Until the coming into operation of the [1989 NI 19] Insolvency (Northern Ireland) Order 1989, Articles 18(1) and (4) and 23 shall have effect as if for references to an insolvency practitioner there were substituted references to an Official Assignee, trustee, liquidator, provisional liquidator or a receiver or manager appointed under section 68 of the [1872 c. 58] Bankruptcy (Ireland) Amendment Act 1872.

3.  In any case in which a petition in bankruptcy was presented, or an adjudication in bankruptcy was made, before the coming into operation of the Insolvency (Northern Ireland) Order 1989, Article 21 shall have effect with the following modifications—

(a) for references to the bankrupt’s estate for the purposes of Part IX of that Order there shall be substituted references to the property of the bankrupt for the purposes of the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

(b) paragraph (2)(b) shall be omitted;

(c) for the reference in paragraph (2)(c) to Article 254(2)(c) of that Order there shall be substituted a reference to Articles 28(4),(5)(c) and (11) and 30(6)(c) of the Bankruptcy Amendment (Northern Ireland) Order 1980;

(d) for the reference in paragraph (3) to that Order there shall be substituted a reference to the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

(e) for the reference in paragraph (5) to an interim receiver appointed under Article 259 of that Order there shall be substituted a reference to a receiver or manager appointed under section 68 of the Bankruptcy (Ireland) Amendment Act 1872; and

(f) for the references in paragraph (6) to Articles 312 and 367 of that Order there shall be respectively substituted references to section 12 of the [1929 c. 1 (N.I.)] Bankruptcy Amendment Act (Northern Ireland) 1929 and section 10 of the [1634 c. 3] Conveyancing Act Ireland 1634.

4.  In any case in which a winding up of a company has commenced, or is treated as having commenced, before the coming into operation of theInsolvency (Northern Ireland) Order 1989, Article 22 shall have effect with the substitution for references to that Order of references to the Companies (Northern Ireland) Order 1986.