Part 11

Co-operation

External requests and orders
444
1
Her Majesty may by Order in Council—
a
make provision for a prohibition on dealing with property which is the subject of an external request;
b
make provision for the realisation of property for the purpose of giving effect to an external order.
2
An Order under this section may include provision which (subject to any specified modifications) corresponds to any provision of Part 2, 3 or 4 or Part 5 except Chapter 3.
3
An Order under this section may include—
a
provision about the functions of any of the listed persons in relation to external requests and orders;
aa
provision creating offences in relation to external requests and orders which are equivalent to the offences created by section 453B;
b
provision about the registration of external orders;
c
provision about the authentication of any judgment or order of an overseas court, and of any other document connected with such a judgment or order or any proceedings relating to it;
d
provision about evidence (including evidence required to establish whether proceedings have been started or are likely to be started in an overseas court);
e
provision to secure that any person affected by the implementation of an external request or the enforcement of an external order has an opportunity to make representations to a court in the part of the United Kingdom where the request is being implemented or the order is being enforced.
4
For the purposes of subsection (3)(a)
“
the listed persons
” are—
a
the Secretary of State;
b
the Lord Advocate;
c
the Scottish Ministers;
ca
the Department of Justice in Northern Ireland;
d
the National Crime Agency;
e
the Director of Public Prosecutions;
f
the Director of Public Prosecutions for Northern Ireland;
and
g
the Director of the Serious Fraud Office; ...
h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 444(3)(aa) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 24(2), 58(1)(6); S.I. 2018/78, reg. 3(i); S.I. 2021/724, reg. 2(1)(l)
Word in s. 444(4)(f) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 32(a)
S. 444(3)(a) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 108(2), 178(8); S.I. 2005/1521, art. 3(1)(d)
S. 444(4)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 149; S.I. 2013/1682, art. 3(v)
S. 444(4)(h) and word omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 32(b)
S. 444 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
S. 444(4)(ca) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 70 (with arts. 28-31)
S. 444(4) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 108(3), 178(8); S.I. 2005/1521, art. 3(1)(d)