SCHEDULES
SCHEDULE 4 Confiscation Orders: Supplementary Provisions
Interpretation
1
1
Section 56 of this Act also has effect for the purposes of this Schedule.
2
The following provisions have effect, in addition to those of that section, for the interpretation of this Schedule.
F23
Proceedings for a relevant offence are concluded—
a
when the defendant is acquitted;
b
if he is convicted, but the court decides not to make a confiscation order against him, when it makes that decision; or
c
if a confiscation order is made against him in those proceedings, when the order is satisfied.
3A
An application under section 48A or 52B of this Act is concluded—
a
if the court decides not to make a confiscation order against the defendant, when it makes that decision; or
b
if a confiscation order is made against him as a result of that application, when the order is satisfied.
3B
An application under section 48B of this Act or paragraph 11 below is concluded—
a
if the court decides not to vary the confiscation order in question, when it makes that decision; or
b
if the court varies the confiscation order as a result of the application, when the order is satisfied.
3C
For the purposes of this Schedule, a confiscation order is satisfied when no amount is due under it.
3D
For the purposes of paragraph 16 below, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.
4
An 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.
5
References to “acting as an insolvency practitioner” shall be construed in accordance with Article 3 of the M1Insolvency (Northern Ireland) Order 1989 except that for the purposes of such construction paragraph (5) of that Article (which provides that nothing in the Article is to apply to anything done by the official receiver) shall be disregarded; and the expression shall include the official receiver acting as receiver or manager of the property.
6
References to the Registration of Deeds Acts are to the M2Registration of Deeds Act (Northern Ireland) 1970 and every statutory provision for the time being in force amending that Act or otherwise relating to the registry of deeds, or to the registration of deeds, orders or other instruments or documents in such registry.