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The Proceeds of Crime (Northern Ireland) Order 1996

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The Proceeds of Crime (Northern Ireland) Order 1996, Section 42 is up to date with all changes known to be in force on or before 09 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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F1Enforcement of external confiscation ordersN.I.

42.—(1) The Secretary of State may by order—

(a)direct in relation to a country or territory outside the United Kingdom designated by an Order in Council under section 39 of the [1994 c. 37.] Drug Trafficking Act 1994 or section 96 of the [1988 c. 33.] Criminal Justice Act 1988 ( “a designated country”) that, subject to such modifications as may be specified, this Order shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;


(i)such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

(ii)such provision as to evidence or proof of any matter for the purposes of this Article and Article 43; and

(iii)such incidental, consequential and transitional provision,

as appears to the Secretary of State to be expedient; and

(c)without prejudice to the generality of this paragraph, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order and which are retained there shall nevertheless be treated as reducing the amount payable under the order to such extent as may be specified.

(2) The power to make an order under this Article includes power to modify this Order in such a way as to confer power on a person to exercise a discretion.

(3) 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.

F1prosp. rep. by 2002 c. 29

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