Search Legislation

Northern Ireland (Emergency Provisions) Act 1991

Status:

This is the original version (as it was originally enacted).

56Interpretation of confiscation provisions

(1)In this Part of this Act—

  • “charging order” means an order made under paragraph 6 of Schedule 4 to this Act;

  • “confiscation order” means an order made by a court under section 47 above;

  • “defendant” means a person against whom proceedings have been instituted for a relevant offence (whether or not he has been convicted);

  • “gift caught by this Part of this Act” has the meaning given in section 50(8) above;

  • “interest”, in relation to property, includes right;

  • “proceeds of terrorist-related activity” has the meaning given in section 47(2) above;

  • “property” includes, in addition to money, all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property;

  • “realisable property” has the meaning given in section 50(1) and (2) above;

  • “relevant offence” has the meaning given in section 49 above;

  • “statutory provision” has the meaning given in section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

  • “terrorist-related activities” has the meaning given in section 47(2) above.

(2)This Part of this Act applies to property wherever situated.

(3)References in this Part of this Act to offences include references to offences committed before the coming into force of this Part of this Act but nothing in this Part of this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence if the proceedings were instituted before the coming into force of this Part of this Act.

(4)References in this Part of this Act to property obtained as a direct or indirect result of terrorist-related activities include references to property obtained partly in that manner.

(5)The following provisions also have effect for the interpretation of this Part of this Act.

(6)Property is held by any person if he holds any interest in it.

(7)References to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator; and references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.

(8)Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

(9)Proceedings for an offence are instituted—

(a)when a summons or warrant is issued under Article 20 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 in respect of that offence;

(b)when a person is charged with the offence after being taken into custody without a warrant;

(c)when an indictment is presented under section 2(2)(c), (e) or (f) of the [1969 c. 15 (N.I.).] Grand Jury (Abolition) Act (Northern Ireland) 1969;

and where the application of this subsection 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources