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The Terrorism Act 2000 (Enforcement of External Orders) Order 2001

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Interpretation

3.—(1) In this Order—

  • “court of a designated country” includes a court of any state or territory of a designated country;

  • “appropriate authority of a designated country” means—

    (a)

    the authority of a designated country specified opposite that country in column 2 of the table in the Schedule to this Order, or

    (b)

    where no authority is so specified, the authority appearing to the court to be the appropriate authority for the purposes of this Order;

  • “designated country” means a country or territory designated under article 4 of this Order;

  • “the 2000 Act” means the Terrorism Act 2000.

(2) The following provisions of this article have effect for the interpretation of this Order.

(3) Proceedings are instituted in a designated country when—

(a)under the law of the designated country concerned, one of the steps specified in relation to that country in column 3 of the table in the Schedule to this Order has been taken there in respect of the commission of an alleged offence, or

(b)an application has been made to a court of a designated country for an external forfeiture order,

and where the application of this paragraph 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.

(4) Proceedings are concluded in a designated country—

(a)when an external forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or

(b)when (disregarding any power of a court in a designated country to grant leave to appeal out of time) there is no further possibility of an external forfeiture order being made in the proceedings.

(5) An external order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

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