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

5.  In Article 4—

(a) for paragraphs (2) and (3) there shall be substituted the following paragraphs—

“(2) Proceedings are instituted in a designated country when—

(a) under the law of the designated country concerned one of the steps specified in relation to that country in column 2 of the Appendix has been taken there in respect of alleged conduct by the defendant to which this Order applies; or

(b) where no steps have been specified in relation thereto as mentioned in sub-paragraph (a), when the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or

(c) an application has been made to a court in a designated country for an external confiscation order,

and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(3) Proceedings are concluded—

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

(b) on the satisfaction of an external confiscation order made in the proceedings (whether by the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).”;

(b) paragraphs (4) and (5) shall be omitted;

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

“(6) For the purposes of this Order, an external confiscation order is satisfied when no property remains liable to be recovered under it, or no amount is due under it or otherwise.”;

(d) paragraph (7) shall be omitted.