Explanatory Notes

Proceeds of Crime Act 2002

2002 CHAPTER 29

24 July 2002

Commentary on Sections

Part 4: Confiscation: Northern Ireland

Restraint orders

Section 195: Supplementary

259.Section 195 contains ancillary provision relating to restraint orders. It re-enacts provision from existing confiscation legislation. In Northern Ireland there are two distinct procedures for the registration of title concerning land. This is as a result of historical differences concerning the purchase and sale of land in Ireland. Accordingly title is required to be registered either in the Land Registry or the Registry of Deeds. The existing provision on restraint orders has the effect that where the prosecutor obtains a restraint order affecting land, an “inhibition” may be placed on the property at the Land Registry preventing its disposal.