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The Proceeds of Crime (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Enforcement of orders made in England and Wales or Scotland

41.—(1) The Secretary of State may by order provide that for the purpose of the enforcement in Northern Ireland of orders made under the [1994 c. 37.] Drug Trafficking Act 1994, the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 and Part VI of the [1988 c. 33.] Criminal Justice Act 1988, this Order (except Article 13) shall have effect as if—

(a)references to confiscation orders included a reference to confiscation orders made under the 1994 Act, the 1995 Act and Part VI of the 1988 Act;

(b)in relation to England and Wales—

(i)references to drug trafficking offences included a reference to drug trafficking offences within the meaning of the 1994 Act;

(ii)references to offences of a relevant description and to offences to which the Order applies included a reference to offences to which Part VI of the 1988 Act applies;

(iii)references to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings included a reference to proceedings in England and Wales or to the institution or conclusion in England and Wales of proceedings, as the case may be; and

(iv)the references to the making of a complaint in Article 30(3) and (5) included references to laying an information under section 1 of the [1980 c. 43.] Magistrates' Courts Act 1980;

(c)in relation to Scotland—

(i)references to drug trafficking offences included a reference to drug trafficking offences within the meaning of the 1995 Act;

(ii)references to offences of a relevant description and to offences to which the Order applies included a reference to offences to which Part I of the 1995 Act applies;

(iii)such other modifications were made as may be specified in the order, being modifications which appear to the Secretary of State to be requisite or desirable having regard to procedural differences which may for the time being exist between Northern Ireland and Scotland; and without prejudice to the generality of this head modifications may include provision as to the circumstances in which proceedings in Scotland are to be treated for the purpose of such enforcement in Northern Ireland as instituted or as concluded.

(2) An order under paragraph (1) may provide for the provisions of this Order to have effect in relation to anything done or to be done in England and Wales or, as the case may be, in Scotland subject to such further modifications as may be specified in the order.

(3) An order under paragraph (1) may contain such incidental, consequential and transitional provisions as the Secretary of State considers expedient.

(4) An order under paragraph (1) may, in particular, provide for section 18 of the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply in relation to such orders as may be prescribed by the order under paragraph (1).

(5) 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.

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