The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1998

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 19998 and shall come into operation on 1st February 1999.

(2) “the Order” means the Proceeds of Crime (Northern Ireland) Order 1996 and “the principal Order” means the Proceeds of Crime (Countries And Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998(1).

2.  There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order being countries and territories designated under section 96 of the Criminal Justice Act 1988(2).

3.  The Appendix set out at the end of paragraph 32 of Schedule 2 to the principal Order (institution of proceedings) shall be amended as follows—

(a) after the entry for Antigua and Barbuda, there shall be inserted the following entry—

“Australia

when an information or a complaint has been laid before a justice of the peace or magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.”;

(b) the entry relating to the Isle of Man shall be deleted and replaced by the following—

“Isle of Man

(a) where a justice of the peace issues a summons under Section 4] of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him; (b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him; (c) where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody; (d) where an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917”.

4.  A like amendment to the amendment in Article 3 above shall be made to the Appendix to Article 4(2) of the Order, as set out in Schedule 3 to the principal Order.

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

22nd December 1998