Art. 41 rep. by 2002 c. 29
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;
(b)make—
(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
43.—(1) On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—
(a)it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b)it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
(c)it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.
(2) In paragraph (1) “appeal” includes—
(a)any proceedings by way of discharging or setting aside a judgment; and
(b)an application for a new trial or a stay of execution.
(3) The High Court shall cancel the registration of an external confiscation order if it appears to the Court that the order has been satisfied by payment of the amount due under it.
(4) In this Article “designated country” has the same meaning as in Article 42.
F2prosp. rep. by 2002 c. 29