The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996

3.  In paragraph 5—

(a) after sub-paragraph (a) there shall be inserted:

“(aa) for subsection (1)(b) there shall be substituted:

“(b) the proceedings have not been concluded;”,

(b) after sub-paragraph (b) there shall be inserted:

“(bb) subsection (1A) shall be omitted;”,

(c) for sub-paragraph (e) there shall be substituted:

“(e) in subsection (4), for the words from “proceedings” to the end there shall be substituted the following—

“the proposed proceedings are not instituted within such time as the court considers reasonable.””.

4.   In paragraph 7, for sub-paragraph (c) there shall be substituted:

“(c) in subsection (7)(b)(i), for the words “or application in question” there shall be substituted the words “against the defendant in the designated country””.

5.   In paragraph 14—

(a) for sub-paragraph (b) there shall be substituted:

“(b) in subsection (6)(a), sub-paragraphs (i) and (ii) shall be omitted;”;

(b) for subsection (c) there shall be substituted:

“(c) in subsection (6)(b), for the words “conclusion of the proceedings or application” there shall be substituted the words “discharge of the restraint or charging order”.”.

6.   For paragraph 20 there shall be substituted the following paragraph—

“20.   Sections 99 to 101 shall be omitted.”.

7.   In paragraph 21—

(a) before sub-paragraph (a) there shall be inserted:

“(Za) in subsection (1), the definition of “proceeds of criminal conduct” shall be omitted;”;

(b) in sub-paragraph (a) the definitions of “criminal conduct”, “offence of a relevant description” and “relevant criminal conduct” shall be omitted;

(c) after sub-paragraph (e) there shall be inserted:

“(f) subsection (12A) shall be omitted;

(g) for subsection (12B) there shall be substituted the following—

“(12B) For the purposes of this Part of this Act, 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;”;

(h) subsection (12C) shall be omitted;”;

(d) as a consequence of the amendments in sub-paragraph (c) above, for “(f)” there shall be substituted “(i)”.

8.   There shall be inserted in the Appendix set out at the end of paragraph 21(i) (institution of proceedings), after the entry for Thailand, the following entry—

“Ukraine

when a criminal case is brought”.

9.   For paragraph 23 there shall be substituted the following paragraph—

“23.   In Schedule 4—

(a) in Part I the entries relating to the Local Government Act 1963(1), the Local Government (Miscellaneous Provisions) Act 1982(2), the Copyright Designs and Patents Act 1988(3), the Social Security Administration Act 1992(4) and the Trade Marks Act 1994(5) shall be omitted; and

(b) Part II shall be omitted.”.”

(1)

1963 c. 33; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1990 (S.I. 1990/1570).

(2)

1982 c. 30.

(3)

1988 c. 48; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 (S.I. 1995/3145).

(4)

1992 c. 5; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1996 (S.I. 1996/1716).

(5)

1994 c. 26; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 (S.I. 1995/3145).