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

12.  In Article 31—

(a) for paragraph (3)(a) and (b) there shall be substituted the following sub-paragraphs—

“(a) where an application under paragraph (5) relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and

(b) in any other case—

(i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and

(ii) to realisable property held by a specified person, being property transferred to him after the making of the restraint order.”;

(b) in paragraph (5)—

(i) in sub-paragraph (a) for the words “the prosecution” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under Article 43, by a receiver appointed under Article 34 or the Director of Public Prosecutions for Northern Ireland”;

(ii) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

“(c) notwithstanding anything in Order 11 of the Rules of the Supreme Court (Northern Ireland) 1980(1) may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.”;

(c) for paragraph (6)(b) there shall be substituted the following sub-paragraph—

“(b) shall be discharged when the proceedings in relation to which the order was made are concluded.”;

(d) in paragraph (12) for the words “The prosecution” there shall be substituted the words “A person applying for a restraint order under paragraph (5)(a)”.

(1)

S.R. 1980 No. 346