SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part III Northern Ireland

F1Enforcement of overseas freezing orders

Annotations:
Amendments (Textual)
F1

Sch. 4 paras. 41A-41G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 7; S.I. 2014/3192, art. 2(b)

41G

1

Where the High Court decides to give effect to an overseas freezing order, it must—

a

register the order in that court,

b

provide for notice of the registration to be given to any person affected by it.

2

For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.

3

Paragraph 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33.

4

The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions for Northern Ireland or any other person affected by it, if or to the extent that—

a

the court is of the opinion mentioned in paragraph 41E(4), or

b

the court is of the opinion that the order has ceased to have effect in the participating country.

5

Her Majesty may by Order in Council make further provision for the enforcement in Northern Ireland of registered overseas freezing orders.

6

An Order in Council under this paragraph—

a

may make different provision for different cases,

b

is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.