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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 41(3A) inserted by 2023 c. 32 Sch. 17 para. 1(3)
  • s. 41(8ZA) inserted by 2023 c. 32 Sch. 17 para. 1(4)
  • Sch. 4 para. 11(1)(aa) inserted by 2003 c. 44 Sch. 36 para. 14(2)
  • Sch. 4 para. 11(2A) inserted by 2003 c. 44 Sch. 36 para. 14(3)
  • Sch. 4 para. 11(1)(aa) words substituted by 2015 c. 2 Sch. 11 para. 17(2)
  • Sch. 4 para. 11(2A) words substituted by 2015 c. 2 Sch. 11 para. 17(3)
  • Sch. 5 para. 15(1A)(1B) inserted by 2023 c. 32 Sch. 17 para. 2(3)(b)
  • Sch. 5 para. 15A inserted by 2023 c. 32 Sch. 17 para. 2(4)
  • Sch. 5 para. 18(ea) inserted by 2023 c. 32 Sch. 17 para. 2(5)
  • Sch. 5 para. 31(1A)(1B) inserted by 2023 c. 32 Sch. 17 para. 2(6)(b)
  • Sch. 5 para. 31A inserted by 2023 c. 32 Sch. 17 para. 2(7)
  • Sch. 8 para. 14(2A) inserted by 2008 c. 28 s. 16(3) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 14(4)(ba) inserted by 2008 c. 28 s. 16(5) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 15(1)(aa) (ab) inserted by 2010 c. 17 s. 17(4)(b) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(2A) inserted by 2010 c. 17 s. 17(7) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(4) inserted by 2010 c. 17 s. 17(8) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 14F(3)(b) and word omitted by 2012 c. 10 Sch. 24 para. 22 (This amendment not applied to legislation.gov.uk. The substitution of Sch. 8 para. 14F was repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 14-14I substituted for Sch. 8 para. 14 by 2010 c. 17 s. 17(2) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 20(3)-(3C) substituted for Sch. 8 para. 20(3) by 2010 c. 17 s. 18(2)(a) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 20F(3) words omitted by 2012 c. 10 Sch. 24 para. 23 (This amendment not applied to legislation.gov.uk. The insertion of Sch. 8 para. 20F was repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))

SCHEDULES

Section 2.

SCHEDULE 1U.K. Northern Ireland (Emergency Provisions) Act 1996

Temporary extensionU.K.

1(1)This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the M1Northern Ireland (Emergency Provisions) Act 1996 (duration)—U.K.

(a)a provision of the M2Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),

(b)a provision of the M3Prevention of Terrorism (Temporary Provisions) Act 1989, and

(c)section 4 of the M4Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders).

(2)This paragraph does not apply to the following provisions of the M5Northern Ireland (Emergency Provisions) Act 1996—

(a)section 26(1)(b) (power of entry on authority of Secretary of State),

(b)section 35 (wearing of hoods), and

(c)section 50 (explosives factories).

Marginal Citations

2(1)A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed.U.K.

(2)The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).

3(1)The powers under section 62(3)(a) and (c) of the M6Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within—U.K.

(a)the period mentioned in paragraph 2(1), or

(b)a period specified in relation to that provision under paragraph 2(2).

(2)The power under section 62(3)(b) of the M7Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during—

(a)the period mentioned in paragraph 2(1), or

(b)a period specified in relation to that provision under paragraph 2(2).

Marginal Citations

4U.K.The Secretary of State may by order provide for a provision to which paragraph 1 applies—

(a)to cease to have effect on a specified day;

(b)to cease to be capable of being the subject of an order under section 62(3) of the M8Northern Ireland (Emergency Provisions) Act 1996.

Marginal Citations

5U.K.The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 4.

6(1)A provision of the M9Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply.U.K.

(2)While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect—

(a)Part III of that Schedule (extra-territorial offences), and

(b)sections 3, 10 and 11 of that Act so far as they relate to offences which are scheduled offences by virtue of that Part.

Marginal Citations

Amendments during temporary extensionU.K.

7U.K.The provisions of the 1996 Act which continue in force by virtue of this Schedule shall be amended as follows.

8U.K.In section 19 (arrest and seizure) after subsection (4) insert—

“(5)The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the M10Human Rights Act 1998.”

Marginal Citations

9U.K.In section 20 (search for munitions, &c.) after subsection (5) insert—

“(5A)The power to extend a period conferred by subsection (5) may be exercised only once in relation to a particular search.”

10U.K.In section 26 (powers of entry, &c.) after subsection (2) insert—

“(2A)The Secretary of State may grant an authorisation under subsection (2) only if he considers it necessary for the preservation of the peace or the maintenance of order.”

11U.K.In section 33 (collection of information, &c.) after subsection (5) insert—

“(5A)Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.

(5B)An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).”

12(1)Part V (private security services) shall have effect subject to the provisions of this paragraph.U.K.

(2)On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.

(3)To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.

(4)The applicant for a certificate may appeal to the High Court if—

(a)the application is refused,

(b)a condition is imposed on the grant of the certificate, or

(c)the certificate is revoked.

(5)Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates—

(a)was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and

(b)was justified by that purpose.

(6)If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.

(7)Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under sub-paragraph (5)—

(a)he may appeal against the certificate to the Tribunal established under section 91 of the M11Northern Ireland Act 1998, and

(b)sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

(8)Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)—

(a)with any necessary modifications, and

(b)subject to any later rules made by virtue of sub-paragraph (7)(b).

Marginal Citations

Section 3.

SCHEDULE 2U.K. Proscribed Organisations

Modifications etc. (not altering text)

  • The Irish Republican Army.

  • Cumann na mBan.

  • Fianna na hEireann.

  • The Red Hand Commando.

  • Saor Eire.

  • The Ulster Freedom Fighters.

  • The Ulster Volunteer Force.

  • The Irish National Liberation Army.

  • The Irish People’s Liberation Organisation.

  • The Ulster Defence Association.

  • The Loyalist Volunteer Force.

  • The Continuity Army Council.

  • The Orange Volunteers.

  • The Red Hand Defenders.

  • [F1Al-Qa’ida

  • Egyptian Islamic Jihad

  • Al-Gama’at al-Islamiya

  • Armed Islamic Group (Groupe Islamique Armée) (GIA)

  • Salafist Group for Call and Combat (Groupe Salafiste pour la Prédication et le Combat) (GSPC)

  • Babbar Khalsa

  • F2...

  • Harakat Mujahideen

  • Jaish e Mohammed

  • Lashkar e Tayyaba

  • Liberation Tigers of Tamil Eelam (LTTE)

  • [F3Hizballah (Party of God)].

  • [F4Harakat al Muqawama al-Islamiyya (Hamas)]

  • Palestinian Islamic Jihad—Shaqaqi

  • Abu Nidal Organisation

  • Islamic Army of Aden

  • F5...

  • [F6Kurdistan Workers’ Party (Partiya Karkeren Kurdistani) (PKK) including Teyrebazene Azadiye Kurdistan (TAK) and Hezen Parastina Gel (HPG)]

  • Revolutionary Peoples’ Liberation Party—Front (Devrimci Halk Kurtulus Partisi-Cephesi) (DHKP-C)

  • Basque Homeland and Liberty (Euskadi ta Askatasuna) (ETA)

  • 17 November Revolutionary Organisation (N17)]

  • [F7Abu Sayyaf Group

  • Asbat Al-Ansar

  • Islamic Movement of Uzbekistan

  • Jemaah Islamiyah.]

  • [F8Al Ittihad Al Islamia

  • Ansar Al Islam

  • Ansar Al Sunna

  • Groupe Islamique Combattant Marocain

  • Harakat-ul-Jihad-ul-Islami

  • Harakat-ul-Jihad-ul-Islami (Bangladesh)

  • Harakat-ul-Mujahideen/Alami

  • F9...

  • Islamic Jihad Union

  • Jamaat ul-Furquan

  • Jundallah

  • Khuddam ul-Islam

  • Lashkar-e Jhangvi

  • F10...

  • Sipah-e Sahaba Pakistan.]

  • [F11Al-Ghurabaa

  • The Saved Sect

  • Baluchistan Liberation Army

  • F12...]

  • [F13Jammat-ul Mujahideen Bangladesh

  • Tehrik Nefaz-e Shari'at Muhammadi.]

  • [F14Al Shabaab]

  • [F15Tehrik-e Taliban Pakistan]

  • [F16Indian Mujahideen]

  • [F17Ansarul Muslimina Fi Biladis Sudan (Vanguard for the protection of Muslims in Black Africa) (Ansaru)]

  • [F18Jama’atu Ahli Sunna Lidda Awati Wal Jihad (Boko Haram)

  • Minbar Ansar Deen (Ansar Al Sharia UK)]

  • [F19Imarat Kavkaz (Caucasus Emirate)]

  • [F20Ansar Bayt al-Maqdis (Ansar Jerusalem)

  • Al Murabitun

  • Ansar al Sharia – Tunisia]

  • [F21Islamic State of Iraq and the Levant (Islamic State of Iraq and al-Sham) (Dawat al Islamiya fi Iraq wa al Sham (DAISh))

  • Turkiye Halk Kurtulus Partisi-Cephesi (Turkish People’s Liberation Party) (The Hasty Ones) (Mukavamet Suriye)

  • Kateeba al-Kawthar (Ajnad al-sham) (Junud ar-Rahman al Muhajireen)

  • Abdallah Azzam Brigades, including the Ziyad al-Jarrah Battalions

  • Popular Front for the Liberation of Palestine – General Command.]

  • [F22Ansar al-Sharia-Benghazi (Partisans of Islamic Law)]

  • [F22Ajnad Misr (Soldiers of Egypt)]

  • [F22Jaysh al Khalifatu Islamiya (Army of the Islamic Caliphate) (Majahideen of the Caucasus and the Levant)]

  • [F23Jund Al-Aqsa (Soldiers of Al-Aqsa)]

  • [F23Jund al Khalifa–Algeria (Soldiers of the Caliphate in Algeria)]

  • [F24Jamaat ul-Ahrar]

  • [F24The Haqqani Network]

  • [F25Global Islamic Media Front (including GIMF Bangla Team (Ansarullah Bangla Team) (Ansar-al Islam))

  • Mujahedeen Indonesia Timur (East Indonesia Mujahedeen)

  • Turkestan Islamic Party (East Turkestan Islamic Party) (East Turkestan Islamic Movement) (East Turkestan Jihadist Movement) (Hizb al-Islami al-Turkistani)

  • Jamaah Anshorut Daulah]

  • [F26National Action]

  • [F27al-Ashtar Brigades (Saraya al-Ashtar) (The Wa’ad Allah Brigades) (Islamic Allah Brigades) (Imam al-Mahdi Brigades) (al-Haydariyah Brigades)

  • al-Mukhtar Brigades (Saraya al-Mukhtar)

  • Hasam (Harakat Sawa’d Misr) (Harakat Hasm) (Hasm)

  • Liwa al-Thawra]

  • [F28Jamaat Nusrat al-Islam Wal-Muslimin (JNIM) (Nusrat al-Islam) (Nusrat al-Islam wal Muslimeen) (NIM), including Ansar al-Dine (AAD), Macina Liberation Front (MLF), al-Murabitun, al-Qa’ida in the Maghreb and az-Zallaqa

  • Ansaroul Islam (Ansar ul Islam) (Ansaroul Islam Lil Irchad Wal Jihad)]

  • [F29Sonnenkrieg Division]

  • [F30Feuerkrieg Division]

  • [F31Atomwaffen Division (AWD), including National Socialist Order (NSO)]

  • [F32The Base]

Textual Amendments

Note

The entry for The Orange Volunteers refers to the organisation which uses that name and in the name of which a statement described as a press release was published on 14th October 1998.

[F33The entry for Jemaah Islamiyah refers to the organisation using that name that is based in south-east Asia, members of which were arrested by the Singapore authorities in December 2001 in connection with a plot to attack US and other Western targets in Singapore.]

Textual Amendments

Section 5.

SCHEDULE 3U.K. The Proscribed Organisations Appeal Commission

Constitution and administrationU.K.

1(1)The Commission shall consist of members appointed by the Lord Chancellor.U.K.

(2)The Lord Chancellor shall appoint one of the members as chairman.

(3)A member shall hold and vacate office in accordance with the terms of his appointment.

(4)A member may resign at any time by notice in writing to the Lord Chancellor.

2U.K.The Lord Chancellor may appoint officers and servants for the Commission.

3U.K.The Lord Chancellor—

(a)may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,

(b)may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and

(c)may pay sums in respect of expenses of the Commission.

ProcedureU.K.

4(1)The Commission shall sit at such times and in such places as the Lord Chancellor may direct [F34 after consulting the following—U.K.

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland].

(2)The Commission may sit in two or more divisions.

(3)At each sitting of the Commission—

(a)three members shall attend,

(b)one of the members shall be a person who holds or has held high judicial office (within the meaning of [F35Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council], and

(c)the chairman or another member nominated by him shall preside and report the Commission’s decision.

[F36(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

(5)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F35Words in Sch. 3 para. 4(3)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 29; S.I. 2009/1604, art. 2(e)

5(1)The Lord Chancellor may make rules—U.K.

(a)regulating the exercise of the right of appeal to the Commission;

(b)prescribing practice and procedure to be followed in relation to proceedings before the Commission;

(c)providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;

(d)making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

(e)making provision about proof of the Commission’s decisions.

(2)In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

(a)that decisions which are the subject of appeals are properly reviewed, and

(b)that information is not disclosed contrary to the public interest.

(3)The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission.

(4)The rules may, in particular—

(a)provide for full particulars of the reasons for proscription or refusal to deproscribe to be withheld from the organisation or applicant concerned and from any person representing it or him;

[F37(aa)provide for full particulars of the reasons for—

(i)the making of an order under section 3(6), or

(ii)a refusal to provide for a name to cease to be treated as a name for an organisation,

to be withheld from the organisation or applicant concerned and from any person representing it or him;]

(b)enable the Commission to exclude persons (including representatives) from all or part of proceedings;

(c)enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

(d)permit preliminary or incidental functions to be discharged by a single member;

(e)permit proceedings for permission to appeal under section 6 to be determined by a single member;

(f)make provision about the functions of persons appointed under paragraph 7;

(g)make different provision for different parties or descriptions of party.

(5)Rules under this paragraph—

(a)shall be made by statutory instrument, and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6)In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

Textual Amendments

F37Sch. 3 para. 5(4)(aa) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(11); S.I. 2006/1013, art. 2

6(1)This paragraph applies to—U.K.

(a)proceedings brought by an organisation before the Commission, and

(b)proceedings arising out of proceedings to which paragraph (a) applies.

(2)Proceedings shall be conducted on behalf of the organisation by a person designated by the Commission (with such legal representation as he may choose to obtain).

(3)In [F38paragraph 5] of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.

Textual Amendments

F38Words in Sch. 3 para. 6(3) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 12(2) (with s. 82(3)); S.I. 2000/2543, art. 3

7(1)The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).U.K.

(2)The relevant law officer is—

(a)in relation to proceedings in England and Wales, the Attorney General,

(b)in relation to proceedings in Scotland, the Advocate General for Scotland, and

(c)in relation to proceedings in Northern Ireland, the [F39 Advocate General for Northern Ireland ].

(3)A person appointed under this paragraph must—

(a)have a general qualification for the purposes of section 71 of the M12Courts and Legal Services Act 1990 (qualification for legal appointments),

(b)be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the M13Solicitors (Scotland) Act 1980, or

(c)be a member of the Bar of Northern Ireland.

(4)A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent.

(5)In [F40paragraph 5] of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

Textual Amendments

F39Words in Sch. 3 para. 7(2)(c) substituted (12.4.2010 being the date that 2002 c. 26, s. 27 comes into force, see S.I. 2010/113, art. 2, Sch. para. 7) by Counter-Terrorism Act 2008 (c. 28), s. 91(2)(3) (with s. 101(2))

F40Words in Sch. 3 para. 7(5) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 12(2) (with s. 82(3)); S.I. 2000/2543, art. 3

Marginal Citations

F418U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 3 para. 8 repealed (2.10.2000) by 2000 c. 23, s. 82, Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 3

[F42SCHEDULE 3AU.K.REGULATED SECTOR AND SUPERVISORY AUTHORITIES

Textual Amendments

Modifications etc. (not altering text)

C9Sch. 3A applied (8.10.2008 at 10.10 a.m.) by The Landsbanki Freezing Order 2008 (S.I. 2008/2668), arts. 1, 8, Sch. para. 3(2) (with art. 13)

[F43PART 1U.K.REGULATED SECTOR

Textual Amendments

Business in the regulated sectorU.K.

1(1)A business is in the regulated sector to the extent that it consists of—U.K.

(a)the acceptance by a credit institution of deposits or other repayable funds from the public, or the granting by a credit institution of credits for its own account;

(b)the carrying on of one or more of the activities listed in points 2 to 12 [F44, 14 and 15] of [F45Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] by an undertaking other than—

(i)a credit institution; or

[F46(ia)an undertaking whose only listed activity is as a creditor under an agreement which—

(aa)falls within section 12(a) of the Consumer Credit Act 1974 (debtor-creditor-supplier agreements);

(bb)provides fixed sum credit (within the meaning given in section 10(1)(b) of the Consumer Credit Act 1974 (running-account credit and fixed-sum credit)) in relation to the provision of services; and

(cc)provides financial accommodation by way of deferred payment or payment by instalments over a period not exceeding 12 months;] F47...

(ii)an undertaking whose only listed activity is trading for own account in one or more of the products listed in point 7 of [F45Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] and which does not act on behalf of a customer (that is, a third party which is not a member of the same group as the undertaking);

[F48(c)the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance;]

(d)the provision of investment services or the performance of investment activities by a person [F49(other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544))] whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis;

(e)the marketing or other offering of units or shares by a collective investment undertaking;

(f)the activities of an insurance intermediary as defined in [F50Article 2.1(3), and an ancillary insurance intermediary as defined in Article 2.1(4), of the Insurance Distribution Directive], in respect of contracts of long-term insurance within the meaning given by article 3(1) of, and Part II of Schedule 1 to, the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

(g) the carrying on of any of the activities mentioned in paragraphs (b) to (f) by a branch located in [F51the United Kingdom] of a person referred to in those paragraphs (or of an equivalent person in any other State), wherever its head office is located;

(h)the activities of the National Savings Bank;

(i)any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of Savings;

[F52(j) the carrying on of statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ) by any firm or individual who is a statutory auditor within the meaning of Part 42 of that Act (statutory auditors);]

[F53(ja)the carrying on of local audit work within the meaning of Schedule 5 to the Local Audit and Accountability Act 2014 (eligibility and regulation of local auditors) by any firm or individual who is a local auditor within the meaning of section 4(1) of that Act (general requirements for audit);]

(k)the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (meaning of “act as insolvency practitioner”) or article 3 of the Insolvency (Northern Ireland) Order 1989;

(l)the provision to other persons of accountancy services by a firm or sole practitioner who by way of business provides such services to other persons;

(m)the provision of [F54material aid, or assistance or advice, in connection with the tax affairs of other persons by a firm or sole practitioner, whether provided directly or through a third party, if the firm or sole practitioner by way of business provides (as the case may be) aid, assistance or advice in connection with] the tax affairs of other persons;

(n)the participation in financial or real property transactions concerning—

(i)the buying and selling of real property (or, in Scotland, heritable property) or business entities;

(ii)the managing of client money, securities or other assets;

(iii)the opening or management of bank, savings or securities accounts;

(iv)the organisation of contributions necessary for the creation, operation or management of companies; or

(v)the creation, operation or management of trusts, companies or similar structures,

by a firm or sole practitioner who by way of business provides legal or notarial services to other persons;

(o)the provision to other persons by way of business by a firm or sole practitioner of any of the services mentioned in sub-paragraph (4);

(p)the carrying on of estate agency work [F55or letting agency work,] F56... by a firm or a sole practitioner who carries on, or whose employees carry on, such work;

(q)the trading in goods (including dealing as an auctioneer) whenever a transaction involves the [F57making or] receipt of a payment or payments in cash of at least [F5810,000] euros in total, whether the transaction is executed in a single operation or in several operations which appear to be linked, by a firm or sole trader who by way of business trades in goods;

(r)operating a casino under a casino operating licence (within the meaning given by section 65(2) of the Gambling Act 2005 (nature of licence)).

[F59(s)the auctioning by an auction platform of two-day spot or five-day futures, within the meanings given by Article 3 of the Emission Allowance Auctioning Regulation.]

[F60(t)bidding directly, on behalf of clients, in auctions of emissions allowances in accordance with the Emission Allowance Auctioning Regulation.]

[F61(u)the carrying on of activities by a firm or sole practitioner when it—

(i)by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to 10,000 euros or more; or

(ii)is the operator of a freeport when it, or any other firm or sole practitioner, stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to 10,000 euros or more;

(v)the carrying on of activities by a firm or individual when acting as a cryptoasset exchange provider or custodian wallet provider.]

(2) For the purposes of sub-paragraph (1)(a) and (b) “ credit institution ” means—

(a)a credit institution as defined in [F62Article 4(1)(1) of the Capital Requirements Regulation]; or

(b) a branch (within the meaning of [F63Article 4(1)(17) of that Regulation]) located in [F64the United Kingdom] of an institution falling within paragraph (a) (or of an equivalent institution in any other State) wherever its head office is located.

[F65(2A)For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).]

(3)For the purposes of sub-paragraph (1)(n) a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction.

(4)The services referred to in sub-paragraph (1)(o) are—

(a)forming companies or other legal persons;

(b)acting, or arranging for another person to act—

(i)as a director or secretary of a company;

(ii)as a partner of a partnership; or

(iii)in a similar position in relation to other legal persons;

(c)providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

(d)acting, or arranging for another person to act, as—

(i)a trustee of an express trust or similar legal arrangement; or

(ii)a nominee shareholder for a person other than a company whose securities are listed on a regulated market.

[F66(5)For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).]

F67(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(6A)For the purposes of sub-paragraph (1)(p) “estate agency work” is to be read in accordance with section 1 of the Estate Agents Act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that Act) to be taken to include references to disposing of or acquiring an estate or interest in land outside the United Kingdom where that estate or interest is capable of being owned or held as a separate interest.]

[F69(6B)For the purposes of sub-paragraph (1)(p) “letting agency work” means work—

(a)consisting of things done in response to instructions received from—

(i)a person (a “prospective landlord”) seeking to find another person to whom to let land, or

(ii)a person (a “prospective tenant”) seeking to find land to rent, and

(b)done in a case where an agreement is concluded for the letting of land—

(i)for a term of a month or more, and

(ii)at a rent which during at least part of the term is, or is equivalent to, a monthly rent of 10,000 euros or more.

(6C)For the purposes of sub-paragraph (1)(p) “letting agency work” does not include the things listed in sub-paragraph (6D) when done by, or by employees of, a firm or sole practitioner if neither the firm or sole practitioner, nor any of their employees, does anything else within sub-paragraph (6B).

(6D)Those things are—

(a)publishing advertisements or disseminating information;

(b)providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

(c)providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other;

(d)the provision of legal or notarial services by a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.

(6E)In sub-paragraph (6B) “land” includes part of a building and part of any other structure.]

(7) For the purposes of [F70sub-paragraphs] (1)(j) and (l) to (q) [F71and (6C)] “ firm ” means any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association.

(8) For the purposes of sub-paragraph (1)(q) “ cash ” means notes, coins or travellers' cheques in any currency.

[F72(9)For the purposes of sub-paragraph (1)(s) “auction platform” means a platform on which auctions of emissions allowances are held in accordance with the Emission Allowance Auctioning Regulation.]

[F73(10)For the purposes of sub-paragraph (1)(u), “work of art” means anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods), is a work of art for the purposes of section 21(5)(a) of that Act.

(11)For the purposes of sub-paragraph (1)(u), “freeport” means a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979.

(12)For the purposes of sub-paragraph (1)(v)—

(a)“cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

(i)exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,

(ii)exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or

(iii)operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;

(b)“custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—

(i)cryptoassets on behalf of its customers, or

(ii)private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

(13)For the purposes of sub-paragraph (12)—

(a)“cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

(b)“money” means—

(i)money in sterling,

(ii)money in any other currency, or

(iii)money in any other medium of exchange,

but does not include a cryptoasset; and

(c)in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.]

Textual Amendments

F44Words in Sch. 3A para. 1(1)(b) substituted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 3(a)(i)

F62Words in Sch. 3A para. 1(2)(a) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 40(2)(b)

F63Words in Sch. 3A para. 1(2)(b) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 40(2)(c)

Excluded activitiesU.K.

2(1)A business is not in the regulated sector to the extent that it consists of—U.K.

(a)the issuing of withdrawable share capital within the limit set by [F74section 24 of the Co-operative and Community Benefit Societies Act 2014 (maximum interest in a society's withdrawable shares)] , or the acceptance of deposits from the public within the limit set by [F75section 67(2) ] of that Act (carrying on of banking by societies), by a society registered under that Act;

(b)the issuing of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (maximum shareholding in society), or the acceptance of deposits from the public within the limit set by section 7(3) of that Act (carrying on of banking by societies), by a society registered under that Act;

(c)the carrying on of any activity in respect of which a person who is (or falls within a class of persons) specified in any of paragraphs 2 to 23, [F7626] to 38 or 40 to 49 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 is exempt;

(d)the exercise of the functions specified in section 45 of the Financial Services Act 1986 (miscellaneous exemptions) by a person who was an exempted person for the purposes of that section immediately before its repeal;F77...

(e)the engaging in financial activity which fulfils all of the conditions set out in paragraphs (a) to (g) of sub-paragraph (3) of this paragraph by a person whose main activity is that of a high value dealer; F78...

F79(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80(g)the carrying on by a local authority (within the meaning given in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001) of an activity which would be a regulated activity for the purposes of the Financial Services and Markets Act 2000 but for article 72G of that Order; or

(h)the preparation of a home report, which for these purposes means the documents prescribed for the purposes of sections 98, 99(1) or 101(2) of the Housing (Scotland) Act 2006.]

(2) For the purposes of sub-paragraph (1)(e) a “ high value dealer ” means a person mentioned in paragraph 1(1)(q) when carrying on the activities mentioned in that paragraph.

(3)A business is not in the regulated sector to the extent that it consists of financial activity if—

(a)the person's total annual turnover in respect of the financial activity does not exceed [F81£100,000;]

(b)the financial activity is limited in relation to any customer to no more than one transaction exceeding 1,000 euros, whether the transaction is carried out in a single operation, or a series of operations which appear to be linked;

(c)the financial activity does not exceed 5% of the person's total annual turnover;

(d)the financial activity is ancillary to the person's main activity and directly related to that activity;

(e)the financial activity is not the transmission or remittance of money (or any representation of monetary value) by any means;

(f)the main activity of the person carrying on the financial activity is not an activity mentioned in paragraph 1(1)(a) to (p) or (r) [F82to (t)] ; and

(g)the financial activity is provided only to customers of the person's main activity and is not offered to the public.

(4)A business is not in the regulated sector if it is carried on by—

(a)the Auditor General for Scotland;

(b)the Auditor General for Wales;

(c)the Bank of England [F83(acting otherwise than in its capacity as the Prudential Regulation Authority)] ;

(d)the Comptroller and Auditor General;

(e)the Comptroller and Auditor General for Northern Ireland;

(f)the Official Solicitor to the Supreme Court, when acting as trustee in his official capacity; or

(g)the Treasury Solicitor.

Textual Amendments

F74Words in Sch. 3A para. 2(1)(a) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 73(2) (with Sch. 5)

F75Words in Sch. 3A para. 2(1)(a) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 73(3) (with Sch. 5)

F78Word in Sch. 3A para. 2(1) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(m), Sch. 25 Pt. 29

F79Sch. 3A para. 2(1)(f) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(k), Sch. 18 para. 1(b), Sch. 25 Pt. 29

InterpretationU.K.

3(1)In this Part—U.K.

  • F84...

  • F85...

  • [F86“the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms;]

  • [F87“the Emission Allowance Auctioning Regulation” means Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;]

  • [F88“the Insurance Distribution Directive” means Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) as amended by Directive (EU) 2018/411 of the European Parliament and of the Council of 14 March 2018;]

  • F89...

  • F90...

  • “the Markets in Financial Instruments Directive” means directive [F912014/65/EU of the European Parliament and of the Council of 15 May 2014] on markets in financial instruments.

  • [F92“the Solvency 2 Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).]

(2)In this Part references to amounts in euros include references to equivalent amounts in another currency.

(3)Terms used in this Part and in the [F93Capital Requirements Regulation] F94... or the Markets in Financial Instruments Directive have the same meaning in this Part as [F95in that Regulation or] in [F96that Directive].]

Textual Amendments

F84Words in Sch. 3A para. 3(1) omitted (1.1.2014) by virtue of The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 40(2)(d)(i)

F90Words in Sch. 3A para. 3(1) omitted (1.1.2016) by virtue of The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 21(2)(b)(i)

F91Words in Sch. 3A para. 3(1) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 4 para. 6(3) (with reg. 7)

[F97PART 2U.K.SUPERVISORY AUTHORITIES

Textual Amendments

4(1)The following bodies are supervisory authorities—U.K.

(a)the Commissioners for Her Majesty's Revenue and Customs;

F98(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F99(c)the Financial Conduct Authority;]

(d)the Gambling Commission;

F100(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(g)the professional bodies listed in sub-paragraph (2).

(2)The professional bodies referred to in sub-paragraph (1)(g) are—

(a)the Association of Accounting Technicians;

(b)the Association of Chartered Certified Accountants;

(c)the Association of International Accountants;

(d)the Association of Taxation Technicians;

[F103(da)the Chartered Institute of Legal Executives;]

(e)the Chartered Institute of Management Accountants;

F104(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Chartered Institute of Taxation;

(h)the Council for Licensed Conveyancers;

(i)the Faculty of Advocates;

(j)the Faculty Office of the Archbishop of Canterbury;

(k)the General Council of the Bar;

(l)the General Council of the Bar of Northern Ireland;

(m)the Insolvency Practitioners Association;

(n)the Institute of Certified Bookkeepers;

(o)the Institute of Chartered Accountants in England and Wales;

(p)the Institute of Chartered Accountants in Ireland;

(q)the Institute of Chartered Accountants of Scotland;

(r)the Institute of Financial Accountants;

(s)the International Association of Book-keepers;

(t)the Law Society;

(u)the Law Society for Northern Ireland; and

(v)the Law Society of Scotland.]

Textual Amendments

F99Sch. 3A para. 4(1)(c) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 87(2)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

PART 3U.K.POWER TO AMEND

5(1)The Treasury may by order amend Part 1 or 2 of this Schedule.U.K.

(2)An order under sub-paragraph (1) must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Section 23.

SCHEDULE 4U.K. Forfeiture Orders

Part IU.K. England and Wales

InterpretationU.K.

1U.K.In this Part of this Schedule—

  • “forfeiture order” means an order made by a court in England and Wales under section 23 [F105or 23A], and

  • “forfeited property” means the money or other property to which a forfeiture order applies.

  • [F106 “ relevant offence ” means—

    (a)

    an offence under any of sections 15 to 18,

    (b)

    an offence to which section 23A applies, or

    (c)

    in relation to a restraint order, any offence [F107within section 69(4) or (5) of the Sentencing Code (offences where terrorist connection to be treated as aggravating factor)].]

Textual Amendments

F105Sch. 4 para. 1: words in definition of "forfeiture order" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(2)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F106Sch. 4 para. 1: definition of "relevant offence" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(2)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Implementation of forfeiture ordersU.K.

2(1)Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—U.K.

(a)require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

(b)direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c)appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d)direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within [F108section 23B(1)].

(2)A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3)In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4)Section 140 of the M14Magistrates’ Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.

Textual Amendments

F108Words in Sch. 4 para. 2(1)(d) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(3) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Modifications etc. (not altering text)

C13Sch. 4 para. 2(1) extended (with modifications) (13.12.2001) by S.I. 2001/3927 art. 11(1)

Marginal Citations

3(1)A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c).U.K.

(2)If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3)A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action—

(a)which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b)which he would be entitled to take if the property were forfeited property, and

(c)which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4)Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

Modifications etc. (not altering text)

C14Sch. 4 para. 3 applied (13.12.2001) by S.I. 2001/3927, art. 11(1)

4(1)In paragraphs 2 and 3 “the proper officer” means—U.K.

(a)where the forfeiture order is made by a magistrates’ court, the [F109designated officer] for that court,

(b)where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates’ court, the [F109designated officer] for the magistrates’ court, and

(c)where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the M15Administration of Justice (Miscellaneous Provisions) Act 1933, the [F109designated officer] for the magistrates’ court for the place where the trial took place.

(2)The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

(a)the prosecutor in the proceedings in which the forfeiture order was made,

(b)the defendant in those proceedings, or

(c)a person whom the court heard under [F110section 23B(1)] before making the order.

(3)The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

Textual Amendments

F109Words in Sch. 4 para. 4(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 108(1), Sch. 8 para. 388(2); S.I. 2005/910, art. 3

F110Words in Sch. 4 para. 4(2)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(4) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Marginal Citations

[F111Application of proceeds to compensate victimsU.K.

Textual Amendments

F111Sch. 4 para. 4A and preceding cross-heading inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 37(1), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

4A(1)Where a court makes a forfeiture order in a case where—U.K.

(a)the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b)any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2)For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a)any forfeited money, and

(b)the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).

(3)The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under [F112Chapter 2 of Part 7 of the Sentencing Code] under which the offender would have been required to pay compensation of an amount not less than the specified amount.]

Textual Amendments

F112Words in Sch. 4 para. 4A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 172(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Restraint ordersU.K.

5(1)The High Court may make a restraint order under this paragraph where—U.K.

(a)proceedings have been instituted in England and Wales for [F113a relevant offence],

(b)the proceedings have not been concluded,

(c)an application for a restraint order is made to the High Court by the prosecutor, and

(d)a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

[F114(2)The High Court may also make a restraint order under this paragraph where—

(a)a criminal investigation has been started in England and Wales with regard to [F113a relevant offence],

(b)an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

(c)it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.]

(3)A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in [F115any proceedings] referred to in sub-paragraph (1) or (2).

(4)An application for a restraint order may be made to a judge in chambers without notice.

(5)In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.

[F116(6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. ]

Textual Amendments

F113Words in Sch. 4 para. 5(1)(a)(2)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F114Sch. 4 Pt. 1 para. 5(2) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(2); S.I. 2001/4019, art. 2(1)(c)

F115Words in Sch. 4 Pt. 1 para. 5(3) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(3); S.I. 2001/4019, art. 2(1)(c)

F116Sch. 4 Pt. 1 para. 5(6) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para 2(4); S.I. 2001/4019, art. 2(1)(c)

6(1)A restraint order shall provide for notice of it to be given to any person affected by the order.U.K.

(2)A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

[F117(3)A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(4)A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a)if no proceedings in respect of [F118relevant offences] are instituted within such time as the High Court considers reasonable, and

(b)if all proceedings in respect of [F118relevant offences] have been concluded.]

Textual Amendments

F117Sch. 4 para. 6(3)(4) substituted for Sch. 4 para. 6(3) (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(5); S.I. 2001/4019, art. 2(1)(c)

F118Words in Sch. 4 para. 6(4)(a)(b) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

7(1)A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.U.K.

(2)Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

Modifications etc. (not altering text)

C15Sch. 4 para. 7 applied (13.12.2001) by S.I. 2001/3927, art. 12

8(1)The M16Land Charges Act 1972 and the [F119Land Registration Act 2002]—U.K.

(a)shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and [F120, except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders]

(b)shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

(2)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119Words in Sch. 4 para. 8(1) substituted (13.10.2003) by 2002 c. 9, s. 133, Sch. 11 para. 38(a) (with s. 129); S.I. 2003/1725, art. 2

F120Words in Sch. 4 para. 8(1)(a) inserted (13.10.2003) by 2002 c. 9, s. 133, Sch. 11 para. 38(b) (with s. 129); S.I. 2003/1725, art. 2

F121Sch. 4 para. 8(2)(3) repealed (13.10.2003) by 2002 c. 9, s. 135, Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2

Modifications etc. (not altering text)

C16Sch. 4 para. 8 applied (13.12.2001) by S.I. 2001/3927, art. 12

Marginal Citations

9(1)This paragraph applies where a restraint order is discharged under [F122paragraph 6(4)(a)].U.K.

(2)This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for [F123a relevant offence] which—

(a)do not result in conviction for [F124a relevant offence],

(b)result in conviction for [F124a relevant offence] in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(c)result in conviction for [F124a relevant offence] which is subsequently quashed.

(3)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(4)The High Court may order compensation to be paid to the applicant if satisfied—

(a)that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b)that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,

(c)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(d)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(5)The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.

(6)Compensation payable under this paragraph shall be paid—

(a)where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met, and

(b)where the person in default was a member of the Crown Prosecution Service, or was acting on behalf of the Service, by the Director of Public Prosecutions.

Textual Amendments

F122Words in Sch. 4 Pt. 1 para. 9(1) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(7); S.I. 2001/4019, art. 2(1)(c)

F123Words in Sch. 4 para. 9(2) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(8)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F124Words in Sch. 4 para. 9(2)(a)(b)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(8)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

10(1)This paragraph applies where—U.K.

(a)a forfeiture order or a restraint order is made in or in relation to proceedings for [F125a relevant offence], and

(b)the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5).

(2)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(3)The High Court may order compensation to be paid to the applicant if satisfied—

(a)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4)Compensation payable under this paragraph shall be paid by the Secretary of State.

Textual Amendments

F125Words in Sch. 4 para. 10(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(9) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F126. . . U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Sch. 4 para. 9: preceding cross-heading omitted (18.6.2009) by virtue of Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(7) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Proceedings for an offence: timingU.K.

11(1)For the purposes of this Part of this Schedule proceedings for an offence are instituted—U.K.

(a)when a justice of the peace issues a summons or warrant under section 1 of the M17Magistrates’ Courts Act 1980 in respect of the offence;

(b)when a person is charged with the offence after being taken into custody without a warrant;

(c)when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the M18Administration of Justice (Miscellaneous Provisions) Act 1933.

(2)Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(3)For the purposes of this Part of this Schedule proceedings are concluded—

(a)when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

(b)when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

Marginal Citations

Domestic and overseas freezing ordersU.K.

F12711AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Domestic freezing orders: certificationU.K.

F12711BU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sending domestic freezing ordersU.K.

F12711CU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Overseas freezing ordersU.K.

F12711DU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of overseas freezing ordersU.K.

F12711EU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12711FU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12711GU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of orders made elsewhere in the British IslandsU.K.

12U.K.In the following provisions of this Part of this Schedule—

  • “a Scottish order” means—

    (a)

    an order made in Scotland under section 23 [F128or 23A](“a Scottish forfeiture order”),

    (b)

    an order made under paragraph 18 (“a Scottish restraint order”), or

    (c)

    an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;

  • “a Northern Ireland order” means—

    (a)

    an order made in Northern Ireland under section 23 [F128or 23A](“a Northern Ireland forfeiture order”),

    (b)

    an order made under paragraph 33 (“a Northern Ireland restraint order”), or

    (c)

    an order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

  • “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—

    (a)

    section 23 [F128or 23A](“an Islands forfeiture order”),

    (b)

    paragraph 5 (“an Islands restraint order”), or

    (c)

    any other provision of this Part of this Schedule.

Textual Amendments

F128Words in Sch. 4 para. 12 inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(10) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

13(1)Subject to the provisions of this paragraph, a Scottish, Northern Ireland or Islands order shall have effect in the law of England and Wales.U.K.

(2)But such an order shall be enforced in England and Wales only in accordance with—

(a)the provisions of this paragraph, and

(b)any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(3)On an application made to it in accordance with rules of court for registration of a Scottish, Northern Ireland or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.

(4)Rules of court shall also make provision—

(a)for cancelling or varying the registration of a Scottish, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in England and Wales or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

(b)for cancelling or varying the registration of a Scottish, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

(5)If a Scottish, Northern Ireland or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it and—

(a)paragraph 3 shall apply accordingly,

(b)any functions of [F129the designated officer for a magistrates' court] shall be exercised by the appropriate officer of the High Court, and

(c)after making any payment required by virtue of paragraph 2(1)(d) or 3, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid by him to the Secretary of State.

(6)If a Scottish, Northern Ireland or Islands restraint order is registered under this paragraph—

(a)paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5, and

(b)the High Court shall have power to make an order under section 33 of the M19[F130Senior Courts Act 1981](extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for a Scottish, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

(7)In addition, if a Scottish, Northern Ireland or Islands order is registered under this paragraph—

(a)the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

(b)proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

(c)proceedings for or with respect to contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the High Court.

(8)The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of—

(a)assisting the achievement in England and Wales of the purposes of a Scottish, Northern Ireland or Islands order, or

(b)assisting a receiver or other person directed by a Scottish, Northern Ireland or Islands order to sell or otherwise dispose of property.

(9)The following documents shall be received in evidence in England and Wales without further proof—

(a)a document purporting to be a copy of a Scottish, Northern Ireland or Islands order and to be certified as such by a proper officer of the court by which it was made, and

(b)a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by a proper officer of the court concerned.

Textual Amendments

F129Words in Sch. 4 para. 13(5)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 388(3); S.I. 2005/910, art. 3

F130Act: for the words "Supreme Court Act 1981" wherever they occur in any enactment there are substituted (1.10.2009) the words "Senior Courts Act 1981" by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information

I1Sch. 4 para. 13 wholly in force at 19.2.2001; Sch. 4 para. 13 not in force at Royal Assent see s. 128; Sch. 4 para. 13(2)(b)(3)(4) in force at 31.10.2000 by S.I. 2000/2944, art. 2(h)(i); Sch. 4 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Marginal Citations

Enforcement of orders made in designated countriesU.K.

14(1)Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in England and Wales of external orders.U.K.

(2)An “external order” means an order F131... —

(a)which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

(b)which makes relevant provision.

(3)“Relevant provision” means—

(a)provision for the forfeiture of terrorist property (“an external forfeiture order”), or

(b)provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

(4)An Order in Council under this paragraph may, in particular, include provision—

(a)which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

(b)for matters corresponding to those for which provision is made by, or can be made under, paragraph 13(1) to (8) in relation to the orders to which that paragraph applies;

(c)for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5)An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6)An Order in Council under this paragraph—

(a)may make different provision for different cases, and

(b)shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

Part IIU.K. Scotland

Implementation of forfeiture ordersU.K.

15U.K.In this Part of this Schedule—

  • “forfeiture order” means an order made by a court in Scotland under section 23 [F132or 23A], and

  • “forfeited property” means the money or other property to which a forfeiture order applies.

  • [F133“relevant offence” means—

    (a)

    an offence under any of sections 15 to 18,

    (b)

    an offence to which section 23A applies, or

    (c)

    in relation to a restraint order, any offence [F134within section 31(4A) or (4B) of the Counter-Terrorism Act 2008 (offences where terrorist connection to be treated as aggravating factor)].]

Textual Amendments

F132Sch. 4 para. 15: words in definition of "forfeiture order" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(11)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F133Sch. 4 para. 15: definition of "relevant offence" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(11)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

16(1)Where a court in Scotland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—U.K.

(a)direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct;

(b)appoint an administrator to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property and to realise it in such manner as the court may direct;

(c)direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid to a specified person falling within [F135section 23B(1)].

(2)A forfeiture order shall not come into force so long as an appeal is pending against the order or against the conviction on which it was made; and for this purpose where an appeal is competent but has not been brought it shall be treated as pending until the expiry of a period of fourteen days from the date when the order was made.

(3)Any balance remaining after making any payment required under sub-paragraph (1)(c) or paragraph 17 shall be treated for the purposes of section 211(5) of the M20Criminal Procedure (Scotland) Act 1995 (fines payable to the Treasury) as if it were a fine imposed in the High Court of Justiciary.

(4)The clerk of court shall, on the application of—

(a)the prosecutor in the proceedings in which a forfeiture order is made,

(b)the accused in those proceedings, or

(c)a person whom the court heard under [F135section 23B(1)] before making the order,

certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies.

(5)In sub-paragraph (1) references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.

Textual Amendments

F135Words in Sch. 4 para. 16(1)(c)(4)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(12) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Modifications etc. (not altering text)

C17Sch. 4 para. 16(1) extended (13.12.2001) by S.I. 2001/3927, art. 18

C18Sch. 4 paras. 16(3)-(5) applied (13.12.2001) by S.I. 2001/3927, art. 18

Marginal Citations

AdministratorsU.K.

17(1)The Court of Session may by rules of court prescribe the powers and duties of an administrator appointed under paragraph 16.U.K.

(2)An administrator appointed under paragraph 16 shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate.

(3)The accountant of court shall supervise an administrator appointed under paragraph 16 in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph.

(4)An administrator appointed under paragraph 16 shall not be liable to any person in respect of any loss or damage resulting from action—

(a)which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b)which he would be entitled to take if the property were forfeited property, and

(c)which he takes reasonably believing that he is entitled to take because of his belief that the property is forfeited property.

(5)Sub-paragraph (4) does not apply in so far as the loss or damage is caused by the administrator’s negligence.

Modifications etc. (not altering text)

C19Sch. 4 para. 17 applied (13.12.2001) by S.I. 2001/3927, art. 18

[F136Application of proceeds to compensate victimsU.K.

Textual Amendments

F136Sch. 4 para. 17A and preceding cross-heading inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 37(2), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

17A(1)Where a court makes a forfeiture order in a case where—U.K.

(a)the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b)any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2)For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a)any forfeited money, and

(b)the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 16(1)(c) or 17(2).

(3)The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995 under which the offender would have been required to pay compensation of an amount not less than the specified amount.]

Restraint ordersU.K.

18(1)The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—U.K.

(a)proceedings have been instituted in Scotland for [F137a relevant offence],

(b)the proceedings have not been concluded, and

(c)a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.

[F138(2)The Court of Session may also make a restraint order on such an application where—

(a)a criminal investigation has been instituted in Scotland with regard to [F137a relevant offence], and

(b)it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence.]

(3)A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in [F139any proceedings] referred to in sub-paragraph (1) or (2).

(4)An application for a restraint order may be made ex parte in chambers.

(5)For the purposes of this paragraph, dealing with property includes removing the property from Great Britain.

[F140(6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. ]

Textual Amendments

F137Words in Sch. 4 para. 18(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(13) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F138Sch. 4 Pt. 2 para. 18(2) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(2); S.I. 2001/4019, art. 2(1)(c)

F139Words in Sch. 4 Pt. 2 para. 18(3) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(3); S.I. 2001/4019, art. 2(1)(c)

F140Sch. 4 Pt. 2 para. 18(6) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(4); S.I. 2001/4019, art. 2(1)(c)

19(1)A restraint order shall provide for notice of it to be given to any person affected by the order.U.K.

(2)A restraint order may be recalled or varied by the Court of Session on the application of any person affected by it.

[F141(3)A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(3A)A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a)if no proceedings in respect of [F142relevant offences] are instituted within such time as the Court of Session considers reasonable, and

(b)if all proceedings in respect of [F142relevant offences] have been concluded.]

(4)When proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the Court for recall of the order.

Textual Amendments

F141Sch. 4 para. 19(3)(3A) substituted for Sch. 4 para. 19(3) (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(5); S.I. 2001/4019, art. 2(1)(c)

F142Words in Sch. 4 para. 19(3A)(a)(b) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(14) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

20(1)A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.U.K.

(2)Property seized under this paragraph shall be dealt with in accordance with the Court’s directions.

Modifications etc. (not altering text)

C20Sch. 4 para. 20 applied (13.12.2001) by S.I. 2001/3927, art. 19

21(1)On the application of the Lord Advocate, the Court of Session may, in respect of heritable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order.U.K.

(2)Subject to this Part of this Schedule, a warrant under sub-paragraph (1)—

(a)shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

(b)shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the register of inhibitions and adjudications.

(3)Section 155 of the M21Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under sub-paragraph (2)(a) as that section applies to an inhibition by separate letters or contained in a summons.

(4)The execution of an inhibition under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

(5)No inhibition executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for the inhibition has been granted has ceased to have effect in respect of that property, and the Lord Advocate shall—

(a)apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and

(b)ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.

Modifications etc. (not altering text)

C21Sch. 4 para. 20 applied (13.12.2001) by S.I. 2001/3927, art. 19

Marginal Citations

22(1)On the application of the Lord Advocate, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.U.K.

(2)A warrant under sub-paragraph (1) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly.

(3)The execution of an arrestment under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

(4)No arrestment executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

23(1)This paragraph applies where a restraint order is recalled under paragraph [F14319(3A)(a)].U.K.

(2)This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for [F144a relevant offence] which—

(a)do not result in conviction for an [F145a relevant offence],

(b)result in conviction for [F145a relevant offence] s in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(c)result in conviction for [F145a relevant offence] which is subsequently quashed.

(3)A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

(4)The Court of Session may order compensation to be paid to the applicant if it is satisfied—

(a)that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b)that the person in default was a constable of a police force or a constable acting with the powers of such a constable, or was a procurator fiscal or was acting on behalf of the Lord Advocate,

(c)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or the restraint order, and

(d)having regard to all the circumstances, it is appropriate to order compensation to be paid.

(5)The Court of Session shall not order compensation to be paid where it appears to it that the proceedings for the offence would have been instituted even if the serious default had not occurred.

(6)Compensation payable under this paragraph shall be paid—

(a)where the person in default was a constable of a police force, [F146by the Scottish Police Authority] ;

(b)where the person in default was a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts; and

(c)where the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate.

(7)This paragraph is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) to (c) of sub-paragraph (2).

Textual Amendments

F143Word in Sch. 4 Pt. 2 para. 23(1) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(6); S.I. 2001/4019, art. 2(1)(c)

F144Words in Sch. 4 para. 23(2) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(16)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F145Words in Sch. 4 para. 23(2)(a)(b)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(16)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

X124(1)This paragraph applies where—U.K.

(a)a forfeiture order or a restraint order is made in or in relation to proceedings for [F147a relevant offence], and

(b)the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

(2)A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

(3)The Court of Session may order compensation to be paid to the applicant if satisfied—

(a)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4)Compensation payable under this paragraph shall be paid by the Secretary of State.

Editorial Information

X1The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.

Textual Amendments

F147Words in Sch. 4 para. 24(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(17) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F148. . .U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148Sch. 4 para. 23: preceding cross-heading omitted (18.6.2009) by virtue of Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(15) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Proceedings for an offence: timingU.K.

25(1)For the purposes of this Part of this Schedule proceedings for an offence are instituted—U.K.

(a)when a person is arrested for the offence,

(b)when a warrant to arrest or cite a person is granted,

(c)when an indictment or complaint is served on a person in respect of the offence.

(2)Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(3)For the purposes of this Part of this Schedule proceedings are concluded—

(a)when a 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 to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.

Domestic and overseas freezing ordersU.K.

F14925AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Domestic freezing orders: certificationU.K.

F14925BU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sending domestic freezing ordersU.K.

F14925CU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Overseas freezing ordersU.K.

F14925DU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of overseas freezing ordersU.K.

F14925EU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14925FU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14925GU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of orders made elsewhere in the British IslandsU.K.

26U.K.In the following provisions of this Part of this Schedule—

  • “an England and Wales order” means—

    (a)

    an order made in England and Wales under section 23 [F150or 23A] (“an England and Wales forfeiture order”),

    (b)

    an order made under paragraph 5 (“an England and Wales restraint order”), or

    (c)

    an order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;

  • “a Northern Ireland order” means—

    (a)

    an order made in Northern Ireland under section 23 [F150or 23A] (“a Northern Ireland forfeiture order”),

    (b)

    an order made under paragraph 33 (“a Northern Ireland restraint order”), or

    (c)

    an order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

  • “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—

    (a)

    section 23 [F150or 23A] (“an Islands forfeiture order”),

    (b)

    paragraph 18 (“an Islands restraint order”), or

    (c)

    any other provision of this Part of this Schedule.

Textual Amendments

F150Words in Sch. 4 para. 26 inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(18) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

27(1)Subject to the provisions of this paragraph, an England and Wales order, Northern Ireland order or Islands order shall have effect in the law of Scotland.U.K.

(2)But such an order shall be enforced in Scotland only in accordance with—

(a)the provisions of this paragraph, and

(b)any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(3)On an application made to it in accordance with rules of court for registration of an England and Wales order, Northern Ireland order or Islands order, the Court of Session shall direct that the order shall, in accordance with such rules, be registered in that court.

(4)Rules of court shall also make provision—

(a)for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in Scotland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies,

(b)for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

(5)If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph the Court of Session shall have, in relation to that order, the same powers as a court has under paragraph 16(1) above in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 apply accordingly.

(6)If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph—

(a)paragraphs 20 and 21 above shall apply as they apply to a restraint order, and

(b)the Court of Session shall have the like power to make an order under section 1 of the M22Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.

(7)In addition, if an England and Wales order, Northern Ireland order or Islands order is registered under this paragraph—

(a)the Court of Session shall have, in relation to its enforcement, the same power,

(b)proceedings for or with respect to its enforcement may be taken, and

(c)proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,

as if the order had originally been made in the Court of Session.

(8)The Court of Session may also make such orders or do otherwise as seems to it appropriate for the purpose of—

(a)assisting the achievement in Scotland of the purposes of an England and Wales order, Northern Ireland order or Islands order, or

(b)assisting any receiver or other person directed by any such order to sell or otherwise dispose of property.

(9)The following documents shall, in Scotland, be sufficient evidence of their contents—

(a)a document purporting to be a copy of an England and Wales order, Northern Ireland order or Islands order and to be certified as such by a proper officer of the court by which it was made, and

(b)a document purporting to be a certificate for purposes corresponding to those of paragraph 16(4) and to be certified by a proper officer of the court concerned.

(10)Nothing in any England and Wales order, Northern Ireland order or Islands order prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.

Commencement Information

I2Sch. 4 wholly in force at 19.2.2001; Sch. 4 not in force at Royal Assent see s. 128; Sch. 4 para. 27(2)(b)(3)(4) in force at 31.10.2000 by S.I. 2000/2944, art. 2(h)(ii); Sch. 4 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Marginal Citations

Enforcement of orders made in designated countriesU.K.

28(1)Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Scotland of external orders.U.K.

(2)An “external order” means an order F151...—

(a)which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

(b)which makes relevant provision.

(3)“Relevant provision” means—

(a)provision for the forfeiture of terrorist property (“an external forfeiture order”); or

(b)provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

(4)An Order in Council under this paragraph may, in particular, include provision—

(a)which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced,

(b)for matters corresponding to those for which provision is made by, or can be made under, paragraph 27(1) to (8) in relation to the orders to which that paragraph applies, and

(c)for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5)An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6)An Order under this paragraph—

(a)may make different provision for different cases, and

(b)shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

Part IIIU.K. Northern Ireland

InterpretationU.K.

29U.K.In this Part of this Schedule—

  • “forfeiture order” means an order made by a court in Northern Ireland under section 23 [F152or 23A], and

  • “forfeited property” means the money or other property to which a forfeiture order applies.

  • [F153 “ relevant offence ” means—

    (a)

    an offence under any of sections 15 to 18, or

    (b)

    an offence to which section 23A applies.]

Textual Amendments

F152Sch. 4 para. 29: words in definition of "forfeiture order" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(19)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F153Sch. 4 para. 29: definition of "relevance offence" inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(19)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Implementation of forfeiture ordersU.K.

30(1)Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—U.K.

(a)require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;

(b)direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c)appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d)direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within [F154section 23B(1)].

(2)A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3)In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4)Article 58 of the M23Magistrates’ Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.

Textual Amendments

F154Words in Sch. 4 para. 30(1)(d) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(20) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Modifications etc. (not altering text)

C22Sch. 4 para. 30(1) extended (with modifications) (13.12.2001) by S.I. 2001/3927, art. 25(1)

Marginal Citations

31(1)A receiver appointed under paragraph 30 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 30(1)(c).U.K.

(2)If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3)A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action—

(a)which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b)which he would be entitled to take if the property were forfeited property, and

(c)which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4)Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

Modifications etc. (not altering text)

C23Sch. 4 para. 31 applied (13.12.2001) by S.I. 2001/3927, art. 25(1)

32(1)In paragraphs 30 and 31 “the proper officer” means—U.K.

(a)where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and

(b)where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.

(2)The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

(a)the prosecutor in the proceedings in which the forfeiture order was made,

(b)the defendant in those proceedings, or

(c)a person whom the court heard under [F155section 23B(1)] before making the order.

(3)The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

(4)Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the M24Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.

Textual Amendments

F155Words in Sch. 4 para. 32(2)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(21) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Marginal Citations

[F156Application of proceeds to compensate victimsU.K.

Textual Amendments

F156Sch. 4 para. 32A and preceding cross-heading inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 37(3), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

32A(1)Where a court makes a forfeiture order in a case where—U.K.

(a)the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b)any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2)For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a)any forfeited money, and

(b)the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 30(1)(d) or 31(1).

(3)The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 under which the offender would have been required to pay compensation of an amount not less than the specified amount.]

Restraint ordersU.K.

33(1)The High Court may make a restraint order under this paragraph where—U.K.

(a)proceedings have been instituted in Northern Ireland for [F157a relevant offence],

(b)the proceedings have not been concluded,

(c)an application for a restraint order is made to the High Court by the prosecutor, and

(d)a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

[F158(2)The High Court may also make a restraint order under this paragraph where—

(a)a criminal investigation has been started in Northern Ireland with regard to [F157a relevant offence],

(b)an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

(c)it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.]

(3)A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in [F159any proceedings] referred to in sub-paragraph (1) or (2).

(4)An application for a restraint order may be made to a judge in chambers without notice.

(5)For the purposes of this paragraph a reference to dealing with property includes a reference to removing the property from Northern Ireland.

[F160(6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. ]

Textual Amendments

F157Words in Sch. 4 para. 33(1)(a)(2)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(22) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F158Sch. 4 Pt. 3 para. 33(2) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(2); S.I. 2001/4019, art. 2(1)(c)

F159Words in Sch. 4 Pt. 3 para. 33(3) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(3); S.I. 2001/4019, art. 2(1)(c)

F160Sch. 4 Pt. 3 para. 33(6) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(4); S.I. 2001/4019, art. 2(1)(c)

34(1)A restraint order shall provide for notice of it to be given to any person affected by the order.U.K.

(2)A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

[F161(3)A restraint order made under paragraph 33(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(4)A restraint order made under paragraph 33(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a)if no proceedings in respect of [F162relevant offences] are instituted within such time as the High Court considers reasonable, and

(b)if all proceedings in respect of [F162relevant offences] have been concluded.]

Textual Amendments

F161Sch. 4 Pt. 3 para. 34(3)(4) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(5); S.I. 2001/4019, art. 2(1)(c)

F162Words in Sch. 4 para. 34(4)(a)(b) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(23) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

35(1)A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Northern Ireland.U.K.

(2)Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

Modifications etc. (not altering text)

C24Sch. 4 para. 35 applied (13.12.2001) by S.I. 2001/3927, art. 26

[F16336(1)The power to make a restraint order under the provisions of paragraph 33 shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18.U.K.

(2)In their application by virtue of sub-paragraph (1) paragraphs 33 to 35 shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.

(3)An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 34.]

Textual Amendments

F163Sch. 4 para. 36 ceased to have effect (N.I.) (19.2.2003) by virtue of The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2(2)(b); and repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

37(1)A person commits an offence if he contravenes a restraint order.U.K.

(2)It is a defence for a person charged with an offence under this paragraph to prove that he had a reasonable excuse for the contravention.

(3)A person guilty of an offence under this paragraph shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum, or to both.

(4)Nothing in this paragraph shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.

Modifications etc. (not altering text)

C25Sch. 4 para. 37 modified (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {1(9)}, 5(3)

38(1)The prosecutor shall be treated for the purposes of section 66 of the M25Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in respect of any registered land to which a restraint order or an application for such an order relates.U.K.

(2)On the application of the prosecutor, the Registrar of Titles shall, in respect of any registered land to which a restraint order or an application for such an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.

(3)Subsections (2) and (4) of section 67 of the M26Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made on the application of the prosecutor under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.

(4)In this paragraph—

  • “registered land” has the meaning assigned to it by section 45(1)(a) of the M27Interpretation Act (Northern Ireland) 1954,

  • “Registrar of Titles” and “entry” have the same meanings as in the M28Land Registration Act (Northern Ireland) 1970, and

  • “prosecutor” in a case where a restraint order is made under paragraph 33(2) or an application for such an order is made, means the person who the High Court is satisfied has or will have the conduct of [F164any proceedings for [F165a relevant offence]].

Textual Amendments

F164Words in Sch. 4 para. 38(4) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(6); S.I. 2001/4019, art. 2(1)(c)

F165Sch. 4 para. 38(4): words in definition of "prosecutor" substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(24) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Modifications etc. (not altering text)

C26Sch. 4 para. 38 applied (13.12.2001) by S.I. 2001/3927, art. 26

Marginal Citations

X239(1)This paragraph applies where a restraint order is discharged under [F166paragraph 34(4)(a)].U.K.

(2)This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for [F167a relevant offence] which—

(a)do not result in conviction for [F168a relevant offence],

(b)result in conviction for [F168a relevant offence] in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(c)result in a conviction for [F168a relevant offence] which is subsequently quashed.

(3)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(4)The High Court may order compensation to be paid to the applicant if satisfied—

(a)that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b)that the person in default was or was acting as a member of the Royal Ulster Constabulary, or was a [F169member of staff of the Public Prosecution Service for Northern Ireland],

(c)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(d)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(5)The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.

(6)Compensation payable under this paragraph shall be paid—

(a)where the person in default was or was acting as a member of the Royal Ulster Constabulary, out of funds put at the disposal of the Chief Constable under section 10(5) of the M29Police (Northern Ireland) Act 1998, and

(b)where the person in default was a [F170member of staff of the Public Prosecution Service for Northern Ireland], by the Director of Public Prosecutions for Northern Ireland.

Editorial Information

X2The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.

Textual Amendments

F166Word in Sch. 4 Pt. 3 para. 39(1) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(7); S.I. 2001/4019, art. 2(1)(c)

F167Words in Sch. 4 para. 39(2) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(26)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F168Words in Sch. 4 para. 39(2)(a)(b)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(26)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F169Words in Sch. 4 para. 39(4)(b) substituted (13.6.2005) by 2002 c. 26, s. 85, Sch. 12 para. 80; S.R. 2005/281, art. 2, Sch. 1

F170Words in Sch. 4 para. 39(6)(b) substituted (13.6.2005) by 2002 c. 26, s. 85, Sch. 12 para. 80; S.R. 2005/281, art. 2, Sch. 1

Marginal Citations

X340(1)This paragraph applies where—U.K.

(a)a forfeiture order or a restraint order is made in or in relation to proceedings for [F171a relevant offence], and

(b)the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5), as applied by section 8(2).

(2)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(3)The High Court may order compensation to be paid to the applicant if satisfied—

(a)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4)Compensation payable under this paragraph shall be paid by the Secretary of State.

Editorial Information

X3The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.

Textual Amendments

F171Words in Sch. 4 para. 40(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(27) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F172. . . U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172Sch. 4 para. 39: preceding cross-heading omitted (18.6.2009) by virtue of Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(25) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Proceedings for an offence: timingU.K.

41(1)For the purposes of this Part of this Schedule proceedings for an offence are instituted—U.K.

(a)when a summons or warrant is issued under Article 20 of the M30Magistrates’ Courts (Northern Ireland) Order 1981 in respect of the offence;

(b)when a person is charged with the offence after being taken into custody without a warrant;

(c)when an indictment charging a person with the offence is presented under section 2(2)(c), (e) or (f) of the M31Grand Jury (Abolition) Act (Northern Ireland) 1969.

(2)Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(3)For the purposes of this Part of this Schedule proceedings are concluded—

(a)when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

(b)when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

Marginal Citations

Domestic and overseas freezing ordersU.K.

F17341AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Domestic freezing orders: certificationU.K.

F17341BU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sending domestic freezing ordersU.K.

F17341CU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Overseas freezing ordersU.K.

F17341DU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of overseas freezing ordersU.K.

F17341EU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17341FU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17341GU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of orders made elsewhere in the British IslandsU.K.

42U.K.In the following provisions of this Part of this Schedule—

  • “an England and Wales order” means—

    (a)

    an order made in England and Wales under section 23 [F174or 23A] (“an England and Wales forfeiture order”),

    (b)

    an order made under paragraph 5 (“an England and Wales restraint order”), or

    (c)

    an order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;

  • “a Scottish order” means—

    (a)

    an order made in Scotland under section 23 [F174or 23A] (“a Scottish forfeiture order”),

    (b)

    an order made under paragraph 18 (“a Scottish restraint order”), or

    (c)

    an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;

  • “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—

    (a)

    section 23 [F174or 23A] (“an Islands forfeiture order”),

    (b)

    paragraph 33 (“an Islands restraint order”), or

    (c)

    any other provision of this Part of this Schedule.

Textual Amendments

F174Words in Sch. 4 para. 42 inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(28) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

43(1)Subject to the provisions of this paragraph, an England and Wales, Scottish or Islands order shall have effect in the law of Northern Ireland.U.K.

(2)But such an order shall be enforced in Northern Ireland only in accordance with—

(a)the provisions of this paragraph, and

(b)any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(3)On an application made to it in accordance with rules of court for registration of an England and Wales, Scottish or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.

(4)Rules of court shall also make provision—

(a)for cancelling or varying the registration of an England and Wales, Scottish or Islands forfeiture order when effect has been given to it, whether in Northern Ireland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

(b)for cancelling or varying the registration of an England and Wales, Scottish or Islands restraint order which has been discharged or varied by the court by which it was made.

(5)If an England and Wales, Scottish or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) to give effect to a forfeiture order made by it and—

(a)paragraph 31 shall apply accordingly,

(b)any functions of the clerk of petty sessions or the appropriate officer of the Crown Court shall be exercised by the appropriate officer of the High Court, and

(c)after making any payment required by virtue of paragraph 30(1)(d) or 31, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid into the Consolidated Fund.

(6)If an England and Wales, Scottish or Islands restraint order is registered under this paragraph—

(a)paragraphs 35 and 38 shall apply as they apply to a restraint order under paragraph 33, and

(b)the High Court shall have the like power to make an order under section 21 of the M32Administration of Justice Act 1969 (extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Scottish or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

(7)In addition, if an England and Wales, Scottish or Islands order is registered under this paragraph—

(a)the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

(b)proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

(c)proceedings for or with respect to any contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the High Court.

(8)The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of—

(a)assisting the achievement in Northern Ireland of the purposes of an England and Wales, Scottish or Islands order, or

(b)assisting any receiver or other person directed by any such order to sell or otherwise dispose of property.

(9)The following documents shall be received in evidence in Northern Ireland without further proof—

(a)a document purporting to be a copy of an England and Wales, Scottish or Islands order and to be certified as such by a proper officer of the court by which it was made, and

(b)a document purporting to be a certificate for purposes corresponding to those of paragraph 32(2) and (3) and to be certified by a proper officer of the court concerned.

Commencement Information

I3Sch. 4 wholly in force at 19.2.2001; Sch. 4 not in force at Royal Assent see s. 128; Sch. 4 para. 43(2)(b)(3)(4) in force at 31.10.2000 by S.I. 2000/2944, art. 2(h)(iii); Sch. 4 para. 43 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Marginal Citations

Enforcement of orders made in designated countriesU.K.

44(1)Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Northern Ireland of external orders.U.K.

(2)An “external order” means an order F175... —

(a)which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

(b)which makes relevant provision.

(3)“Relevant provision” means—

(a)provision for the forfeiture of terrorist property (“an external forfeiture order”), or

(b)provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

(4)An Order in Council under this paragraph may, in particular, include provision—

(a)which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

(b)for matters corresponding to those for which provision is made by, or can be made under, paragraph 43(1) to (8) in relation to the orders to which that paragraph applies;

(c)for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5)An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6)An Order in Council under this paragraph—

(a)may make different provision for different cases, and

(b)shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

Part IVU.K. Insolvency: United Kingdom Provisions

GeneralU.K.

45U.K.In this Part of this Schedule—

  • “ancillary order” means an order made in connection with a forfeiture, other than the forfeiture order,

  • “forfeiture order” means—

    (a)

    an order made in England and Wales, Scotland or Northern Ireland under section 23 [F176or 23A],

    (b)

    an Islands forfeiture order within the meaning given in paragraph 12, 26 or 42, or

    (c)

    an external forfeiture order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44,

  • “forfeited property” means the money or other property to which a forfeiture order applies, and

  • “restraint order” means—

    (a)

    an order made under paragraph 5, 18 or 33,

    (b)

    an Islands restraint order within the meaning given in paragraph 12, 26 or 42, or

    (c)

    an external restraint order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44 F177....

Textual Amendments

F176Words in Sch. 4 para. 45 inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(29) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Protection of creditors against forfeitureU.K.

46(1)During the period of six months beginning with the making of a forfeiture order, the following shall not be finally disposed of under this Schedule—U.K.

(a)the money to which the order applies, and

(b)the money which represents any property to which the order applies.

(2)For the purposes of this paragraph money is finally disposed of under this Schedule when—

(a)in England and Wales, it is paid to the Lord Chancellor in accordance with [F178section 38 of the Courts Act 2003 (application of receipts of designated officers)] or to the Secretary of State in accordance with paragraph 13(5)(c),

(b)in Scotland, it is paid to the Treasury in accordance with section 211(5) of the M33Criminal Procedure (Scotland) Act 1995 (as modified by paragraph 16(3)), or

(c)in Northern Ireland, it is paid into the Consolidated Fund in accordance with paragraph 32(4) or 43(5)(c).

Textual Amendments

F178Words in Sch. 4 para. 46(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 388(4); S.I. 2005/910, art. 3

Marginal Citations

47(1)This paragraph applies where—U.K.

(a)before or after a forfeiture order is made, the commencement of an insolvency occurs in qualifying insolvency proceedings,

(b)an insolvency practitioner would, but for the forfeiture order, exercise a function in those proceedings in relation to property to which the forfeiture order applies, and

(c)he gives written notice to the relevant officer of the matters referred to in paragraphs (a) and (b) before the end of the period of six months beginning with the making of the forfeiture order.

(2)Sub-paragraph (3) shall apply to—

(a)the property in relation to which the insolvency practitioner would, but for the forfeiture order, exercise a function as described in sub-paragraph (1)(b), and

(b)the proceeds of sale of that property.

(3)The property—

(a)shall cease to be subject to the forfeiture order and any ancillary order, and

(b)shall be dealt with in the insolvency proceedings as if the forfeiture order had never been made.

(4)But—

(a)the property to which sub-paragraph (3) applies is the balance remaining after the relevant officer has exercised his powers under paragraph 50(1), and

(b)sub-paragraph (3) shall not take effect in respect of property in relation to which the relevant officer, or any person acting in pursuance of an ancillary order, has incurred obligations until those obligations have been discharged.

(5)In this paragraph “the commencement of an insolvency” means—

(a)the making of a bankruptcy order,

(b)the award of sequestration,

(c)in England and Wales or in Northern Ireland, in the case of the insolvent estate of a deceased person, the making of an insolvency administration order, or

(d)in the case of a company, the passing of a resolution for its winding up, or where no such resolution has been passed, the making of an order by the court for the winding up of the company.

48(1)Where by virtue of paragraph 47(3) property falls to be dealt with in insolvency proceedings, the Secretary of State shall be taken to be a creditor in those proceedings to the amount or value of the property.U.K.

(2)Except in a sequestration, his debt—

(a)shall rank after the debts of all other creditors, and

(b)shall not be paid until they have been paid in full with interest under the relevant provision.

(3)In sub-paragraph (2)(b) the “relevant provision” means—

(a)in relation to the winding up of a company in England and Wales or Scotland, section 189(2) of the M34Insolvency Act 1986,

(b)in relation to a bankruptcy in England and Wales, section 328(4) of that Act,

(c)in relation to the winding up of a company in Northern Ireland, Article 160(2) of the M35Insolvency (Northern Ireland) Order 1989, and

(d)in relation to a bankruptcy in Northern Ireland, Article 300(4) of that Order.

(4)In a sequestration, his debt shall rank after all of the debts mentioned in section [F179129(1) of the Bankruptcy (Scotland) Act 2016] and shall not be paid until they have been paid in full.

(5)Sub-paragraphs (2) to (4) apply notwithstanding any provision contained in or made under any other enactment.

Textual Amendments

Marginal Citations

49(1)This paragraph applies to property which ceased to be subject to a forfeiture order by virtue of paragraph 47(3) in consequence of the making of a bankruptcy order or an award of sequestration.U.K.

(2)The property shall again become subject to the forfeiture order and, if applicable, any ancillary order if—

(a)the bankruptcy order is annulled, or

(b)the award of sequestration is recalled or reduced.

(3)Where the property is money or has been converted into money—

(a)the relevant court shall make an order specifying property comprised in the estate of the bankrupt or debtor to the amount or value of the property, and

(b)the specified property shall become subject to the forfeiture order, and any applicable ancillary order, in place of the property.

(4)In sub-paragraph (3) the “relevant court” means—

(a)the court which ordered the annulment of the bankruptcy, or

(b)the court which recalled or reduced the award of sequestration.

Expenses incurred in connection with forfeitureU.K.

50(1)Where money or other property falls to be dealt with in accordance with paragraph 47(3), the relevant officer may—U.K.

(a)deduct allowable forfeiture expenses from that money;

(b)retain so much of that property as he considers necessary for the purpose of realising it and deducting allowable forfeiture expenses from the proceeds of realisation.

(2)Where property is delivered up in pursuance of paragraph 47(3) and the relevant officer has not made provision under sub-paragraph (1) for all the allowable forfeiture expenses then—

(a)a person who has incurred allowable forfeiture expenses for which provision has not been made shall have a claim to their value in the insolvency proceedings, and

(b)the expenses in question shall be treated for the purposes of the insolvency proceedings as if they were expenses of those proceedings.

(3)In this paragraph “allowable forfeiture expenses”—

(a)means expenses incurred in relation to the forfeited property by the relevant officer,

(b)means expenses incurred in relation to the forfeited property by a receiver, administrator or other person appointed by the relevant officer,

(c)means expenses incurred in relation to the forfeited property by any person appointed or directed to deal with any property under paragraph 16, and

(d)includes sums paid or required to be paid under paragraph 2(1)(d), 16(1)(c) or 30(1)(d).

Protection of insolvency practitionersU.K.

51(1)This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a forfeiture order or a restraint order and—U.K.

(a)he reasonably believes that he is entitled to do so in the exercise of his functions, and

(b)he would be so entitled if the property were not subject to a forfeiture order or a restraint order.

(2)The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence.

(3)The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale—

(a)for such of his expenses as were incurred in connection with the insolvency proceedings in relation to which the seizure or disposal purported to take place, and

(b)for so much of his remuneration as may be reasonably assigned for his acting in connection with those proceedings.

(4)Sub-paragraphs (1) to (3) are without prejudice to the generality of any provision contained in the M36Insolvency Act 1986 or the Bankruptcy (Scotland) Act [F1802016] or any other Act or the M37Insolvency (Northern Ireland) Order 1989.

(5)In this paragraph “insolvency practitioner”, in any part of the United Kingdom, means a person acting as an insolvency practitioner in that or any other part of the United Kingdom.

(6)For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in England and Wales or in Scotland shall be determined in accordance with section 388 of the M38Insolvency Act 1986, except that—

(a)the reference in section 388(2)(a) to a permanent or interim trustee in the sequestration of a debtor’s estate shall be taken to include a reference to a trustee in sequestration,

(b)section 388(5) shall be disregarded, and

(c)the expression shall also include the Official Receiver acting as receiver or manager of property.

(7)For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the M39Insolvency (Northern Ireland) Order 1989, except that—

(a)Article 3(5) shall be disregarded, and

(b)the expression shall also include the Official Receiver acting as receiver or manager of property.

Textual Amendments

Marginal Citations

Insolvency practitioners in the Islands and designated countriesU.K.

52(1)An order may be made under this paragraph to secure that an Islands or external insolvency practitioner has the same rights under this Part of this Schedule in relation to—U.K.

(a)property situated in England and Wales,

(b)property situated in Scotland, or

(c)property situated in Northern Ireland,

as he would have if he were an insolvency practitioner in that part of the United Kingdom.

(2)The Secretary of State may make an order—

(a)under sub-paragraph (1)(a) with the concurrence of the Lord Chancellor;

(b)under sub-paragraph (1)(b).

(3)An order under sub-paragraph (1)(c)—

(a)may be made by the Department of Enterprise, Trade and Investment in Northern Ireland,

(b)shall be a statutory rule for the purposes of the M40Statutory Rules (Northern Ireland) Order 1979, and

(c)shall be subject to negative resolution within the meaning of section 41(6) of the M41Interpretation (Northern Ireland) Act 1954.

(4)An order under this paragraph may, in particular, include—

(a)provision which modifies the rights under this Part of this Schedule which are to be conferred under the order;

(b)provision as to the manner in which the rights conferred under the order are to be exercised;

(c)provision as to the conditions subject to which those rights are to be exercised, including the obtaining of leave from a court;

(d)provision for empowering a court granting such leave to impose such conditions as it thinks fit.

(5)An order under this paragraph may make different provision for different purposes.

(6)In this paragraph—

  • “Islands or external insolvency practitioner” means a person exercising under the insolvency law of a relevant country or territory functions corresponding to those exercised by insolvency practitioners under the insolvency law of any part of the United Kingdom,

  • “insolvency law” has the same meaning as in section 426(10) of the M42Insolvency Act 1986, except that the reference to a relevant country or territory shall be construed in accordance with this paragraph, and

  • “relevant country or territory” means—

    (a)

    any of the Channel Islands,

    (b)

    the Isle of Man, or

    (c)

    any country or territory designated as mentioned in paragraph 14, 28 or 44.

Marginal Citations

InterpretationU.K.

53(1)In this Part of this Schedule (other than in paragraph 51) “insolvency practitioner” means a person acting in any qualifying insolvency proceedings in any part of the United Kingdom as—U.K.

(a)a liquidator of a company or partnership,

(b)a trustee in bankruptcy,

(c)the [F181trustee or interim trustee in the sequestration of a] debtor’s estate,

(d)an administrator of the insolvent estate of a deceased person, or

(e)a receiver or manager of any property.

(2)In this Part of this Schedule “qualifying insolvency proceedings” means—

(a)any proceedings under the M43Insolvency Act 1986 or the M44Insolvency (Northern Ireland) Order 1989 for the winding up of a company or an unregistered company and includes any voluntary winding up of a company under Part IV of that Act or Part V of that Order,

(b)any proceedings in England and Wales or Northern Ireland under or by virtue of section 420 of the M45Insolvency Act 1986 or Article 364 of the M46Insolvency (Northern Ireland) Order 1989 for the winding up of an insolvent partnership,

(c)any proceedings in bankruptcy or, in Scotland, any sequestration of a debtor’s estate, or

(d)any proceedings in England and Wales or in Northern Ireland under or by virtue of section 421 of the M47Insolvency Act 1986 or Article 365 of the M48Insolvency (Northern Ireland) Order 1989 in relation to the insolvent estate of a deceased person.

(3)In this Part of this Schedule “the relevant officer” means in England and Wales and in Northern Ireland—

(a)where the forfeiture order in question is made by a court in England and Wales, the proper officer within the meaning given in paragraph 4,

(b)where the forfeiture order in question is made by a court in Northern Ireland, the proper officer within the meaning given in paragraph 32, and

(c)in any other case, the appropriate officer of the High Court.

(4)In this Part of this Schedule “the relevant officer” means in Scotland—

(a)where the forfeiture order in question is made by a court in Scotland, the clerk of the court,

(b)in any other case, the Principal Clerk of Session and Justiciary.

(5)In this Part of this Schedule references to the proceeds of sale or realisation of property are references to the proceeds after deduction of the costs of sale or realisation.

Textual Amendments

Marginal Citations

Section 37.

SCHEDULE 5U.K. Terrorist Investigations: Information

Part IE+W+N.I. England and Wales and Northern Ireland

SearchesE+W+N.I.

1(1)A constable may apply to a justice of the peace for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.E+W+N.I.

(2)A warrant under this paragraph shall authorise any constable—

(a)to enter [F182premises mentioned in sub-paragraph (2A)] ,

(b)to search the premises and any person found there, and

(c)to seize and retain any relevant material which is found on a search under paragraph (b).

[F183(2A)The premises referred to in sub-paragraph (2)(a) are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).]

(3)For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that—

(a)it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

(b)it must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed.

(4)A warrant under this paragraph shall not authorise—

(a)the seizure and retention of items subject to legal privilege, or

(b)a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(5)Subject to paragraph 2, a justice may grant an application under this paragraph if satisfied—

(a)that the warrant is sought for the purposes of a terrorist investigation,

(b)that there are reasonable grounds for believing that there is material on [F184premises to which the application relates] which is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation and which does not consist of or include excepted material (within the meaning of paragraph 4 below), and

(c)that the issue of a warrant is likely to be necessary in the circumstances of the case [F185, and]

[F186(d)in the case of an application for an all premises warrant, that it is not reasonably practicable to specify in the application all the premises which the person so specified occupies or controls and which might need to be searched.]

Textual Amendments

F182Words in Sch. 5 para. 1(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(2); S.I. 2006/1013, art. 2

F183Sch. 5 para. 1(2A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(2); S.I. 2006/1013, art. 2

F184Words in Sch. 5 para. 1(5)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(4)(a); S.I. 2006/1013, art. 2

F185Word in Sch. 5 para. 1(5)(c) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(4)(b); S.I. 2006/1013, art. 2

F186Sch. 5 para. 1(5)(d) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(4)(c); S.I. 2006/1013, art. 2

Modifications etc. (not altering text)

C27Sch. 5 para. 1: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C28Sch. 5 para. 1: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

C29Sch. 5 para. 1 modified (E.W.N.I) (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(1) (with s. 57(3)); S.I. 2003/708, art. 2

2(1)This paragraph applies where an application [F187for a specific premises warrant] is made under paragraph 1 and—E+W+N.I.

(a)the application is made by a police officer of at least the rank of superintendent,

(b)the application does not relate to residential premises, and

(c)the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).

(2)The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a) and (b).

(3)Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of 24 hours beginning with the time when the warrant is issued.

(4)For the purpose of sub-paragraph (1) “residential premises” means any premises which the officer making the application has reasonable grounds for believing are used wholly or mainly as a dwelling.

Textual Amendments

F187Words in Sch. 5 para. 2(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(5); S.I. 2006/1013, art. 2

[F1882A(1)This paragraph applies where an application for an all premises warrant is made under paragraph 1 and—E+W+N.I.

(a)the application is made by a police officer of at least the rank of superintendent, and

(b)the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).

(2)The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a), (b) and (d).

(3)Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only—

(a)in respect of premises which are not residential premises, and

(b)within the period of 24 hours beginning with the time when the warrant is issued.

(4) For the purpose of sub-paragraph (3) “ residential premises ”, in relation to a power under paragraph 1(2)(a) or (b), means any premises which the constable exercising the power has reasonable grounds for believing are used wholly or mainly as a dwelling. ]

Textual Amendments

F188Sch. 5 para. 2A inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(6); S.I. 2006/1013, art. 2

3(1)Subject to sub-paragraph (2), a police officer of at least the rank of superintendent may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.E+W+N.I.

(2)A constable who is not of the rank required by sub-paragraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency.

(3)An authorisation under this paragraph shall authorise any constable—

(a)to enter the premises specified in the authority,

(b)to search the premises and any person found there, and

(c)to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).

(4)The powers under sub-paragraph (3)(a) and (b) may be exercised—

(a)on one or more occasions, and

(b)at any time during the period when the designation of the cordoned area under section 33 has effect.

(5)An authorisation under this paragraph shall not authorise—

(a)the seizure and retention of items subject to legal privilege;

(b)a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(6)An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which—

(a)is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

(b)does not consist of or include excepted material.

(7)A person commits an offence if he wilfully obstructs a search under this paragraph.

(8)A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding three months,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

Modifications etc. (not altering text)

C30Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C31Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

C32Sch. 5 para. 3 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(1) (with s. 57(3)); S.I. 2003/708, art. 2

Excepted materialE+W+N.I.

4E+W+N.I.In this Part—

(a)“excluded material” has the meaning given by section 11 of the M49Police and Criminal Evidence Act 1984,

(b)“items subject to legal privilege” has the meaning given by section 10 of that Act, and

(c)“special procedure material” has the meaning given by section 14 of that Act;

and material is “excepted material” if it falls within any of paragraphs (a) to (c).

Marginal Citations

Excluded and special procedure material: production & accessE+W+N.I.

5(1)[F189An appropriate officer] may apply to a Circuit judge for an order under this paragraph for the purposes of a terrorist investigation.E+W+N.I.

[F190(1A)Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.]

(2)An application for an order shall relate to particular material, or material of a particular description, which consists of or includes excluded material or special procedure material.

(3)An order under this paragraph may require a specified person—

(a)to produce to [F191an appropriate officer] within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

(b)to give [F192an appropriate officer] access to any material of the kind mentioned in paragraph (a) within a specified period;

(c)to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

(4)For the purposes of this paragraph—

(a)an order may specify a person only if he appears to the Circuit judge to have in his possession, custody or power any of the material to which the application relates, and

(b)a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

(5)Where a Circuit judge makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of a constable, order any person who appears to the judge to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

[F193(6)“Appropriate officer” means—

(a)a constable, or

(b)a counter-terrorism financial investigator.]

Textual Amendments

F189Words in Sch. 5 para. 5(1) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(i), 58(4)(6)

F190Sch. 5 para. 5(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(ii), 58(4)(6)

F191Words in Sch. 5 para. 5(3)(a) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iii), 58(4)(6)

F192Words in Sch. 5 para. 5(3)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iv), 58(4)(6)

F193Sch. 5 para. 5(6) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(v), 58(4)(6)

Modifications etc. (not altering text)

6(1)A Circuit judge may grant an application under paragraph 5 if satisfied—E+W+N.I.

(a)that the material to which the application relates consists of or includes excluded material or special procedure material,

(b)that it does not include items subject to legal privilege, and

(c)that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.

(2)The first condition is that—

(a)the order is sought for the purposes of a terrorist investigation, and

(b)there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(3)The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard—

(a)to the benefit likely to accrue to a terrorist investigation if the material is obtained, and

(b)to the circumstances under which the person concerned has any of the material in his possession, custody or power.

[F194(4)In the case of an order sought by a counter-terrorism financial investigator, the first condition is satisfied only to the extent that the terrorist investigation mentioned in sub-paragraph (2)(a) and (b) relates to terrorist property.]

Textual Amendments

F194Sch. 5 para. 6(4) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(b), 58(4)(6)

7(1)An order under paragraph 5 may be made in relation to—E+W+N.I.

(a)material consisting of or including excluded or special procedure material which is expected to come into existence within the period of 28 days beginning with the date of the order;

(b)a person who the Circuit judge thinks is likely to have any of the material to which the application relates in his possession, custody or power within that period.

(2)Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(3) shall apply with the following modifications—

(a)the order shall require the specified person to notify a named [F195appropriate officer (as defined in paragraph 5(6))] as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

(b)the reference in paragraph 5(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

(c)the reference in paragraph 5(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.

(3)Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(4) shall not apply and the order—

(a)may only specify a person falling within sub-paragraph (1)(b), and

(b)shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

Textual Amendments

F195Words in Sch. 5 para. 7(2)(a) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(c), 58(4)(6)

Modifications etc. (not altering text)

8(1)An order under paragraph 5—E+W+N.I.

(a)shall not confer any right to production of, or access to, items subject to legal privilege, and

(b)shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(2)Where the material to which an application under paragraph 5 relates consists of information contained in a computer—

(a)an order under paragraph 5(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and

(b)an order under paragraph 5(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

Modifications etc. (not altering text)

9(1)An order under paragraph 5 may be made in relation to material in the possession, custody or power of a government department.E+W+N.I.

(2)Where an order is made by virtue of sub-paragraph (1)—

(a)it shall be served as if the proceedings were civil proceedings against the department, and

(b)it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with the order.

(3)In this paragraph “government department” means an authorised government department for the purposes of the M50Crown Proceedings Act 1947.

Modifications etc. (not altering text)

Marginal Citations

10(1)An order of a Circuit judge under paragraph 5 shall have effect as if it were an order of the Crown Court.E+W+N.I.

(2)[F196Criminal Procedure Rules] may make provision about proceedings relating to an order under paragraph 5.

(3)In particular, the rules may make provision about the variation or discharge of an order.

Textual Amendments

F196Words in Sch. 5 para. 10(2) substituted (1.9.2004 subject to art. 3 of the commencing S.I.) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 389(2); S.I. 2004/2066, art. 2

Commencement Information

I4Sch. 5 para. 10 wholly in force at 19.2.2001; Sch. 5 para. 10 not in force at Royal Assent see s. 128; Sch. 5 para. 10(2)(3) in force at 31.10.2000 by S.I. 2000/2944, art. 2(i); Sch. 5 para. 10 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Excluded or special procedure material: searchE+W+N.I.

11(1)A constable may apply to a Circuit judge for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.E+W+N.I.

(2)A warrant under this paragraph shall authorise any constable—

(a)to enter [F197premises mentioned in sub-paragraph (3A)],

(b)to search the premises and any person found there, and

(c)to seize and retain any relevant material which is found on a search under paragraph (b).

(3)A warrant under this paragraph shall not authorise—

(a)the seizure and retention of items subject to legal privilege;

(b)a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

[F198(3A)The premises referred to in sub-paragraph (2)(a) are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).]

(4)For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

[F199(5)Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.]

Textual Amendments

F197Words in Sch. 5 para. 11(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(7); S.I. 2006/1013, art. 2

F198Sch. 5 para. 11(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(8); S.I. 2006/1013, art. 2

F199Sch. 5 para. 11(5) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(4), 115(7); S.I. 2015/994, art. 6(o)

Modifications etc. (not altering text)

C57Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C58Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

12(1)A Circuit judge may grant an application [F200for a specific premises warrant] under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with.E+W+N.I.

(2)A Circuit judge may also grant an application [F200for a specific premises warrant] under paragraph 11 if satisfied that there are reasonable grounds for believing that—

(a)there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

(b)the conditions in sub-paragraphs (3) and (4) are satisfied.

[F201(2A)A Circuit judge or a District Judge (Magistrates' Courts) may grant an application for an all premises warrant under paragraph 11 if satisfied—

(a)that an order made under paragraph 5 has not been complied with, and

(b)that the person specified in the application is also specified in the order.

(2B)A Circuit judge or a District Judge (Magistrates' Courts) may also grant an application for an all premises warrant under paragraph 11 if satisfied that there are reasonable grounds for believing—

(a)that there is material on premises to which the application relates which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

(b)that the conditions in sub-paragraphs (3) and (4) are met.]

(3)The first condition is that—

(a)the warrant is sought for the purposes of a terrorist investigation, and

(b)the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(4)The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—

(a)it is not practicable to communicate with any person entitled to produce the material,

(b)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to [F202premises to which the application for the warrant relates] , or

(c)a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

Textual Amendments

ExplanationsE+W+N.I.

13(1)A constable may apply to a Circuit judge for an order under this paragraph requiring any person specified in the order to provide an explanation of any material—E+W+N.I.

(a)seized in pursuance of a warrant under paragraph 1 or 11, or

(b)produced or made available to a constable under paragraph 5.

[F203(1A)A counter-terrorism financial investigator may apply to a Circuit Judge or a District Judge (Magistrates’ Courts) for an order under this paragraph requiring any person specified in the order to provide an explanation of any material produced or made available to a counter-terrorism financial investigator under paragraph 5.]

(2)An order under this paragraph shall not require any person to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(3)But a lawyer may be required to provide the name and address of his client.

(4)A statement by a person in response to a requirement imposed by an order under this paragraph—

(a)may be made orally or in writing, and

(b)may be used in evidence against him only on a prosecution for an offence under paragraph 14.

(5)Paragraph 10 shall apply to orders under this paragraph as it applies to orders under paragraph 5.

Textual Amendments

F203Sch. 5 para. 13(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(d), 58(4)(6)

Modifications etc. (not altering text)

14(1)A person commits an offence if, in purported compliance with an order under paragraph 13, he—E+W+N.I.

(a)makes a statement which he knows to be false or misleading in a material particular, or

(b)recklessly makes a statement which is false or misleading in a material particular.

(2)A person guilty of an offence under sub-paragraph (1) shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

Urgent casesE+W+N.I.

15(1)A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 1 or 11.E+W+N.I.

(2)An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—

(a)that the case is one of great emergency, and

(b)that immediate action is necessary.

(3)Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.

(4)A person commits an offence if he wilfully obstructs a search under this paragraph.

(5)A person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding three months,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

Modifications etc. (not altering text)

C71Sch. 5 para. 15: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C72Sch. 5 para. 15: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68. Sch. 1 Pt. 1 para. 83; S.I. 2003/708, art. 2

C73Sch. 5 para. 15 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(2) (with s. 57(3)); S.I. 2003/708, art. 2

16(1)If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15.E+W+N.I.

(2)Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice under this paragraph as they apply to an order under paragraph 13.

(3)A person commits an offence if he fails to comply with a notice under this paragraph.

(4)It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

(5)A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding six months,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

SupplementaryE+W+N.I.

17E+W+N.I.For the purposes of sections 21 and 22 of the M51Police and Criminal Evidence Act 1984 (seized material: access, copying and retention)—

(a)a terrorist investigation shall be treated as an investigation of or in connection with an offence, and

(b)material produced in pursuance of an order under paragraph 5 shall be treated as if it were material seized by a constable.

Marginal Citations

Northern IrelandE+W+N.I.

18E+W+N.I.In the application of this Part to Northern Ireland—

(a)the reference in paragraph 4(a) to section 11 of the M52Police and Criminal Evidence Act 1984 shall be taken as a reference to Article 13 of the M53Police and Criminal Evidence (Northern Ireland) Order 1989,

(b)the reference in paragraph 4(b) to section 10 of that Act shall be taken as a reference to Article 12 of that Order,

(c)the reference in paragraph 4(c) to section 14 of that Act shall be taken as a reference to Article 16 of that Order,

(d)the references in paragraph 9(1) and (2) to “government department” shall be taken as including references to an authorised Northern Ireland department for the purposes of the M54Crown Proceedings Act 1947,

[F204(dd)the reference in paragraph 10(2) to “Criminal Procedure Rules” shall be taken as a reference to Crown Court Rules,]

F205(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the reference in paragraph 17 to sections 21 and 22 of the M55Police and Criminal Evidence Act 1984 shall be taken as a reference to Articles 23 and 24 of the M56Police and Criminal Evidence (Northern Ireland) Order 1989, and

(g)references to “a Circuit judge” shall be taken as references to a [F206Crown Court judge].

Textual Amendments

F204Sch. 5 para. 18(dd) inserted (1.9.2004 subject to art. 3 of the commencing S.I.) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 389(3); S.I. 2004/2066, art. 2

F205Sch. 5 para. 18(e) repealed (7.7.2002) by 2001 c. 24, ss. 121(2)(a), 125, Sch. 8 Pt. 7; S.I. 2002/1558, art. 2

F206Words in Sch. 5 para. 18(g) substituted (7.7.2002) by 2001 c. 24, s. 121(2)(b); S.I. 2002/1558, art. 2

Marginal Citations

[F20719(1)The Secretary of State may by a written order which relates to specified premises give to any constable in Northern Ireland—E+W+N.I.

(a)the authority which may be given by a search warrant under paragraph 1;

(b)the authority which may be given by a search warrant under paragraph 11.

(2)An order shall not be made under this paragraph unless—

(a)it appears to the Secretary of State that the information which it would be necessary to provide to the court in support of an application for a warrant would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56, and

(b)the order is made for the purposes of an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56.

(3)The Secretary of State may make an order under sub-paragraph (1)(a) in relation to particular premises only if satisfied—

(a)that there are reasonable grounds for believing that there is material on the premises which is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and which does not consist of or include excepted material, and

(b)that the authority of an order is likely to be necessary in the circumstances of the case.

(4)The Secretary of State may make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that an order made under paragraph 5 in relation to material on the premises has not been complied with.

(5)The Secretary of State may also make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that there are reasonable grounds for believing that—

(a)there is material on the premises which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege,

(b)the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and

(c)an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.

(6)An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5).

(7)A person commits an offence if he wilfully obstructs a search under this paragraph.

(8)A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding three months,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.]

Textual Amendments

F207Sch. 5 paras. 19-21 ceased to have effect (N.I.) (19.2.2003) by virtue of The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2(2)(c); and repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

Modifications etc. (not altering text)

C74Sch. 5 para. 19: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C75Sch. 5 para. 19: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

C76Sch. 5 para. 19 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(2) (with s. 57(3)); S.I. 2003/708, art. 2

[F20820(1)The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.E+W+N.I.

(2)An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a [F209Crown Court judge]] in support of an application for an order under paragraph 5 would, if disclosed—

(a)be likely to place any person in danger, or

(b)be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56.

(3)Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications—

(a)references to a [F209Crown Court judge] shall be taken as references to the Secretary of State,

(b)the references to “a terrorist investigation” in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56, and

(c)the references to “a terrorist investigation” in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).

(4)Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.

(5)The Secretary of State may vary or revoke an order made by virtue of this paragraph.

(6)A person commits an offence if he contravenes an order made by virtue of this paragraph.

(7)A person guilty of an offence under sub-paragraph (6) shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

Textual Amendments

F208Sch. 5 paras. 19-21 ceased to have effect (N.I.) (19.2.2003) by virtue of The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2(2)(c); and repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

F209Words in Sch. 5 para. 20(2)(3)(a) substituted (7.7.2002) by 2001 c. 24, s. 121(3); S.I. 2002/1558, art. 2

[F21021(1)The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material—E+W+N.I.

(a)seized in pursuance of an order under paragraph 19, or

(b)produced or made available to a constable in pursuance of an order made by virtue of paragraph 20.

(2)The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13.

(3)The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.]

Textual Amendments

F210Sch. 5 paras. 19-21 ceased to have effect (N.I.) (19.2.2003) by virtue of The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2(2)(c); and repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

Part IIS Scotland

Order for production of materialS

22(1)The procurator fiscal may apply to the sheriff for an order under this paragraph for the purposes of a terrorist investigation.S

(2)An application for an order shall relate to particular material, or material of a particular description.

(3)An order under this paragraph may require a specified person—

(a)to produce to a constable within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

(b)to give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

(c)to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

(4)For the purposes of this paragraph—

(a)an order may specify a person only if he appears to the sheriff to have in his possession, custody or power any of the material to which the application relates, and

(b)a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

(5)Where the sheriff makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of the procurator fiscal, order any person who appears to the sheriff to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

Modifications etc. (not altering text)

23(1)The sheriff may grant an application under paragraph 22 if satisfied that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.S

(2)The first condition is that—

(a)the order is sought for the purposes of a terrorist investigation, and

(b)there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(3)The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard—

(a)to the benefit likely to accrue to a terrorist investigation if the material is obtained, and

(b)to the circumstances under which the person concerned has any of the material in his possession, custody or power.

24(1)An order under paragraph 22 may be made in relation to a person who appears to the sheriff to be likely to have any of the material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order.S

(2)Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(3) shall apply with the following modifications—

(a)the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

(b)the reference in paragraph 22(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

(c)the reference in paragraph 22(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.

(3)Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(4) shall not apply and the order—

(a)may only specify a person falling within sub-paragraph (1), and

(b)shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

Modifications etc. (not altering text)

25(1)Subject to paragraph 33(1), an order under paragraph 22 shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of the information imposed by statute or otherwise.S

(2)Where the material to which an application under paragraph 22 relates consists of information contained in a computer—

(a)an order under paragraph 22(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and

(b)an order under paragraph 22(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

Modifications etc. (not altering text)

26(1)An order under paragraph 22 may be made in relation to material in the possession, custody or power of a government department.S

(2)Where an order is made by virtue of sub-paragraph (1)—

(a)it shall be served as if the proceedings were civil proceedings against the department, and

(b)it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with it.

(3)In this paragraph “government department” means a public department within the meaning of the Crown Suits Scotland Act 1857 and any part of the Scottish Administration.

Modifications etc. (not altering text)

27(1)Provision may be made by Act of Adjournal as to—S

(a)the recall and variation of orders under paragraph 22; and

(b)proceedings relating to such orders.

(2)The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)—

(a)an order under paragraph 22 may be recalled or varied by the sheriff on a written application made to him by any person subject to the order;

(b)unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than 48 hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order was made.

SearchesS

28(1)The procurator fiscal may apply to the sheriff to grant a warrant under this paragraph for the purposes of a terrorist investigation.S

(2)A warrant under this paragraph shall authorise any constable—

(a)to enter [F211premises mentioned in sub-paragraph (2A)] ,

(b)to search the premises and any person found there, and

(c)to seize and retain any relevant material which is found on a search under paragraph (b).

[F212(2A)The premises referred to in sub-paragraph (2)(a) are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).]

(3)For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(4)The sheriff may grant an application under this paragraph if satisfied—

(a)that the warrant is sought for the purposes of a terrorist investigation,

(b)that there are reasonable grounds for believing that there is material on [F213premises to which the application relates] which is likely to be of substantial value to a terrorist investigation, F214. . .

(c)that one of the conditions in paragraph 29 is satisfied [F215, and]

[F216(d)in the case of an application for an all premises warrant, that it is not reasonably practicable to specify in the application all the premises which the person so specified occupies or controls and which might need to be searched.]

(5)Where [F217a specific premises warrant] is granted in relation to non-residential premises, the entry and search must be within the period of 24 hours beginning with the time when the warrant is granted.

(6)For the purpose of sub-paragraph (5) “non-residential premises” means any premises other than those which the procurator fiscal has reasonable grounds for believing are used wholly or mainly as a dwelling.

[F218(6A)Where an all premises warrant is granted, entry and search in pursuance of the warrant of any premises which are non-residential premises must be within the period of 24 hours beginning with the time when the warrant is granted.

(6B) For the purpose of sub-paragraph (6A) “ non-residential premises ” means any premises other than those which the constable executing the warrant has reasonable grounds for believing are used wholly or mainly as a dwelling. ]

(7)A warrant under this paragraph may authorise the persons named in the warrant to accompany the constable who is executing it.

Textual Amendments

F211Words in Sch. 5 para. 28(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(2); S.I. 2006/1013, art. 2

F212Sch. 5 para. 28(2A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(3); S.I. 2006/1013, art. 2

F213Words in Sch. 5 para. 28(4)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(a); S.I. 2006/1013, art. 2

F214Word in Sch. 5 para. 28(4)(b) repealed (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(5), Sch. 3; S.I. 2006/1013, art. 2

F215Word in Sch. 5 para. 28(4)(c) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(b); S.I. 2006/1013, art. 2

F216Sch. 5 para. 28(4)(d) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(c); S.I. 2006/1013, art. 2

F217Words in Sch. 5 para. 28(5) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(5); S.I. 2006/1013, art. 2

F218Sch. 5 para. 28(6A)(6B) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(6); S.I. 2006/1013, art. 2

29(1)The conditions referred to in paragraph 28(4)(c) are—S

(a)that an order made under paragraph [F21922] in relation to material on the premises has not been complied with [F220and, in the case of an application for an all premises warrant, the person specified in the order in pursuance of paragraph 22(3) is also specified in the application] , or

(b)that for any of the reasons mentioned in sub-paragraph (2) it would not be appropriate to make such an order.

(2)The reasons are—

(a)it is not practicable to communicate with any person entitled to produce the material,

(b)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises [F221to which the application for the warrant relates] , or

(c)the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.

Textual Amendments

F219Word in Sch. 5 para. 29(1)(a) substituted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. 2 para. 27; S.I. 2003/708, art. 2

F220Words in Sch. 5 para. 29(1)(a) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(a); S.I. 2006/1013, art. 2

F221Words in Sch. 5 para. 29(2)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(b); S.I. 2006/1013, art. 2

ExplanationsS

30(1)The procurator fiscal may apply to the sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of any material—S

(a)seized in pursuance of a warrant under paragraph 28, or

(b)produced or made available to a constable under paragraph 22.

(2)Without prejudice to paragraph 33(1), an order under this paragraph may require a lawyer to provide the name and address of his client.

(3)A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against him—

(a)on a prosecution for an offence under [F222 section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)], or

(b)on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

(4)Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply to orders under paragraph 22.

Textual Amendments

Modifications etc. (not altering text)

Urgent casesS

31(1)A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 28.S

(2)An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—

(a)that the case is one of great emergency, and

(b)that immediate action is necessary.

(3)Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.

32(1)If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 22.S

(2)Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph.

(3)A person commits an offence if he fails to comply with a notice under this paragraph.

(4)It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

(5)A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.

SupplementaryS

33(1)This Part of this Schedule is without prejudice to any rule of law whereby—S

(a)communications between a professional legal adviser and his client, or

(b)communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

(2)For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on [F223premises which he is entitled to enter in pursuance of] an order under paragraph 22, a warrant under paragraph 28 or [F224an order under paragraph 31] .

(3)A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Textual Amendments

F223Words in Sch. 5 para. 33(2) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(8)(a); S.I. 2006/1013, art. 2

F224Words in Sch. 5 para. 33(2) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(8)(b); S.I. 2006/1013, art. 2

Modifications etc. (not altering text)

[F225SCHEDULE 5AU.K.Terrorist financing investigations: disclosure orders

Textual Amendments

F225Sch. 5A Pt. 1 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 3; S.I. 2018/78, reg. 3(bb)

Part 1U.K.England and Wales and Northern Ireland

InterpretationU.K.

1This paragraph applies for the purposes of this Part of this Schedule.

2A disclosure order is an order made under paragraph 9.

3A judge is—

(a)in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;

(b)in Northern Ireland, a Crown Court judge.

4A terrorist financing investigation is a terrorist investigation into—

(a)the commission, preparation or instigation of an offence under any of sections 15 to 18, or

(b)the identification of terrorist property or its movement or use.

5An appropriate officer is—

(a)a constable, or

(b)a counter-terrorism financial investigator.

6A senior police officer is a police officer of at least the rank of superintendent.

7“Document” means anything in which information of any description is recorded.

8“Excluded material”—

(a)in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;

(b)in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

Disclosure ordersU.K.

9(1)A judge may, on the application of an appropriate officer, make a disclosure order if satisfied that each of the requirements for the making of the order is fulfilled.

(2)The application must state that a person or property specified in the application is subject to a terrorist financing investigation and the order is sought for the purposes of the investigation.

(3)A disclosure order is an order authorising an appropriate officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the terrorist financing investigation concerned—

(a)answer questions, either at a time specified in the notice or at once, at a place so specified;

(b)provide information specified in the notice, by a time and in a manner so specified;

(c)produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

(4)Relevant information is information (whether or not contained in a document) which the appropriate officer concerned considers to be relevant to the investigation.

(5)A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.

(6)An appropriate officer may not make an application under this paragraph unless the officer is a senior police officer or is authorised to do so by a senior police officer.

Modifications etc. (not altering text)

Requirements for making of disclosure orderU.K.

10(1)These are the requirements for the making of a disclosure order.

(2)There must be reasonable grounds for suspecting that a person has committed an offence under any of sections 15 to 18 or that the property specified in the application is terrorist property.

(3)There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the terrorist financing investigation concerned.

(4)There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

OffencesU.K.

11(1)A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order.

(2)A person guilty of an offence under sub-paragraph (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(3)A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person—

(a)makes a statement which the person knows to be false or misleading in a material particular, or

(b)recklessly makes a statement which is false or misleading in a material particular.

(4)A person guilty of an offence under sub-paragraph (3) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not