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The Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996

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9.  In section 26—

(a)for subsection 2(a) and (b) there shall be substituted the following:

(a)where an application under subsection (4) below relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and

(b)in any other case—

(i)to all realisable property held by a specified person, whether the property is described in the restraint order or not, and

(ii)to realisable property held by a specified person, being property transferred to him after the making of the restraint order.;

(b)in subsection 4(a)—

(i)for the words “the prosecutor” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under section 40 of this Act, by a Crown Prosecutor or a person authorised in that behalf by the Commissioners of Customs and Excise”, and

(ii)for paragraph (c) there shall be substituted the following paragraph:

(c)shall provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.;

(c)for subsection (5)(b) there shall be substituted:

(b)shall be discharged when the proceedings in relation to which the order was made are concluded.;

(d)in subsection (7) the words “or a county court” shall be omitted;

(e)in subsection (8)(b) and in subsection (9), for the words “Great Britain” there shall be substituted the words “England and Wales”;

(f)subsection (10) shall be omitted;

(g)in subsection (13), for the words “The prosecutor” there shall be substituted the words “A person applying for a restraint order under subsection 4(a) above”.

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