The Rules of the Supreme Court (Northern Ireland) (Amendment) 2006

Explanatory Note

(This note is not part of the Rules)

These Rules amend Order 123 of the Rules of the Supreme Court (Northern Ireland) 1980 so as to prescribe the practice and procedure to be used in the High Court in relation to—

applications for property freezing orders under sections 245A to 245D of the Proceeds of Crime Act 2002 (“the 2002 Act”);

exclusions from property freezing orders and interim receiving orders to enable a person to meet his reasonable legal expenses in respect of those civil recovery proceedings; and

applications under Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the Order in Council”), which makes provision for giving effect in the United Kingdom to external orders by means of civil recovery.

Rule 2(1) substitutes a new rule 1 into Order 123 which defines a number of expressions used in the Rules. Rule 2(2) amends rule 2 of Order 123 to assign civil recovery proceedings in relation to external orders under Part 5 of the Order in Council to the Queen’s Bench Division.

Rule 2(3) amends the title to Part II of Order 123 to insert a reference to Part 5 of the Order in Council. Rule 2(4) amends rule 4 of Order 123 to prescribe the manner in which an originating summons in relation to civil recovery proceedings under Part 5 of the Order in Council shall be entitled.

Rule 2(5) substitutes a new rule 5 into Order 123 to prescribe the procedures which apply in relation to an application for a recovery order under both the 2002 Act and Part 5 of the Order in Council. Rule 2(6) amends rule 6 of Order 123 so that its provisions apply to recovery orders under both the Order in Council and the 2002 Act.

Rule 2(7) substitutes a new rule 7 into Order 123 which prescribes the procedures which apply to an application for a property freezing order or an interim receiving order.

Rule 2(8) inserts new rule 7A into Order 123. New rule 7A makes provision enabling a Court, in certain circumstances, to make an initial exclusion from a property freezing order or interim receiving order to enable a person to meet reasonable legal expenses.

Rule 2(9) amends rule 9(1) of Order 123 to provide that an application for directions as to the exercise of an interim receivers functions shall be made by way of summons. Rule 2(10) substitutes a new rule 10 into Order 123 which prescribes the procedure to be followed on an application to vary or set aside a property freezing order or interim receiving order.

Rule 2(11) inserts new rules 10A to 10C into Order 123 which make further provision about exclusions for the purpose of meeting legal expenses (new rule 10A) and for the assessment of those expenses following the making of a recovery order (new rule 10B). New rule 10C provides that a register of external orders registered by the Court shall be kept in the Central Office.